JA_SPRDL1-17-R-0037_Redacted.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-17-R-0037

CMO Control Number: [Completed by Comp. Mgt. Office]

SPRDL1 17 R 0037

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency – Warren (DLA – Warren) is the procuring activity for this action. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, "Only One Responsible Source and no other supplies or services will satisfy requirements."

PART I - Description of Item Required:

a. NOUN: Processor, Turret

b. QUANTITY: 54

OPTION QUANTITY: 54

c. NSN: 5895 01 570 0283

d. MPN: 12470930

e. VEHICLE SYSTEM: MM (BFVS (M2, M2A1, M2A2),BFVS (M3, M3A1,M3A2)

f. ESTIMATED UNIT PRICE: $

g. ESTIMATED VALUE: $

ESTIMATED OPTION VALUE: $

ESTIMATED TOTAL VALUE: $

h. PRON NUMBER: EH-67E906-EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

i. AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

j. AMSC H. The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

PART II - Technical Information and Certification

1. The US Army TACOM LCMC requires the acquisition of the above item. The only approved source(s) for the above item is (are):

a. Contractor(s) Name: EFW Inc.

Cage: 0WEC9 Part Number: 12470930-1

2. Reasons the item is not suitable for full and open competition:

a. Status of the Acquisition Data: At this time, there is no technical data available to the Government for the purpose of competitive acquisition. Because of this, Turret Processor 12470930-1 must be purchased from the only responsible source, EFW Inc, the system developer and holder of data rights.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement: The costs associated with engineering testing and qualifying another source are expected to be in excess of any cost savings from competition by an order of magnitude given the small quantities being purchased. Additionally, there are no known efforts to obtain competitive technical data, or funding by which this can be achieved in a responsible timeframe. It is also unlikely that the Government needs would ever meet quantities that would warrant competition (i.e. 500 units per year) and make the expenditure of resources for competition a reasonable course of action.

Given that no effort is under way to obtain or provide funding, it is estimated that it would take 1 year for the Government to obtain funding and contract with EFW for competitive technical data for this item. After contract award on or about November 2017, it is estimated that it would take 2 years for the technical data to be developed, reviewed, delivered to the Government, and subsequently be made available for competitive contracting (i.e. November 2019). Once this technical data were made available, it is estimated that it would take another year for the contracting agency to solicit and competitively award the contract competitively (i.e. November 2020). Once this were to occur, it is expected that the competitive contractor would need 18 months to build and pass first article items and deliver the contractual quantity of the first years build (i.e. April 2022). It is important to understand that the above estimates do not take into consideration any margin for failure or delay in any step of the process. Given the estimate above, an unacceptable percentage of the Army fleet of Bradley Fighting Vehicles would be incapable of their basic function of supporting troops.

c. Demonstration of Approved Contractor's Unique Qualifications:

The Bradley Fighting Vehicle Turret Processor Prime contractor EFW has developed the drawings, integrated and tested this assembly, and subsequently worked with BAE to integrate their system into the Bradley Fighting Vehicles fire control system.

EFW has also demonstrated they are able to produce by supplying the entire fielded population of vehicles requiring this processor as well as all spare modules used by the U.S. Army to date, and meeting suspense dates over the life of the program.

d. Efforts to Qualify Additional Suppliers for future procurements:

No contractors are in the process of becoming qualified, and no other contractor would be able to provide qualified spares in a reasonable time frame given the funding restraints and the estimated time line in 2b above.

e. Market Research:

Market research was performed on 15 Nov 2016. The item was designed for military only applications and there are no commercial or non-developmental items available to meet the Army’s needs outright or by modification.

Additionally, to date, no additional contractors have expressed an interest in this item in writing to this office.

This procurement will be synopsized in FedBizOps and interested suppliers may contact the Source Approval Program through the Competition Management Office.

3. The POC for this action is

4. Technical Certification: I certify that my supporting data are accurate and complete to the best of my knowledge and belief.

Name:

Title:

Signature:

Date:

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH67E906EH as to required quantities and delivery schedules are accurate and complete.

Item Manager:

Date:

2. Requirements Certification - I certify that this data is accurate and complete to the best of my knowledge and belief.

Name:

Title:

Signature:

Date:

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1 17 R 0037. It is proposed to negotiate a Firm-Fixed-Price contract with EFW, Inc. for their part number 12470930-1.

2. Efforts to Obtain Competition: Although this procurement will be restricted to the above source(s), every effort will be made to obtain potential sources by synopsis through the FedBizOpps system.

3. Interested Sources: To date, no other sources have expressed a written interest in the acquisition of this item. Should potential sources respond to the synopsis in FedBizOpps, they will be evaluated by the appropriate engineering office as an alternate source. Sources sought notice posted on 10 November 2016.

4. The POC for this action is

5. Fair and Reasonable Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable.

The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted if necessary. Certified cost and pricing data will be required for this procurement to support price reasonableness in accordance with FAR 15.400.

6. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Timothy A. Nichols Title: Contracting Officer Signature: //TAN// Date: 21 November 2016

PART V - Legal Concurrence

Concur:

Date:

PART VI - Approval Authority for Acquisitions Equal to or Greater Than $700,000.

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing Justification, I hereby approve the procurement of the following:

a. Noun: Processor, Turret

b. NSN: 5895 01 570 0283

c. Basic Quantity: 54

d. Basic Estimated Value: $

e. Option Percent: 100 %

f. Quantity with Option: 108

g. Estimated Value with Option: $

This action will be awarded under other than full and open competition pursuant to the authority of 10 USC 2304(c)(1) and subject to the availability of funds. This approval is subject to the proviso that the property herein described has otherwise been authorized for acquisition.

Signature:

Date: 2 Dec, 2016