JA_SPRDL1-17-R-0105_Redacted.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-17-R-0105

Previous J&A was for W56HZV-15-C-0240 IAW FAR 6.302-1, “Only One Responsible Source and no other supplies or services will satisfy requirements.”

SPRDL1-17-R-0102 2

have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. 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 Tank-automotive and Armaments Command requires the acquisition of the above item. The only approved source for the above item is:

Contractor(s) Name: API Heat Transfer Thermasys Corporation 4700 Ironwood Drive Franklin, WI 53132-8867

MFR CAGE: 4C8A9

MFR Part Number: 1625/ID2 Military CAGE: 19207 Military Part Number: 12297938-1

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

a. Status of the Acquisition Data: The Technical Data Package (TDP) and all related patents for the Radiator, Engine are owned by API Heat Transfer Thermasys Corporation (API), who is unwilling to sell it to the Government. API, the Original Equipment Manufacturer (OEM) for the Radiator, Engine is the only approved manufacturing source for this item. The Government did not provide funding to API in the development or testing of the Radiator, Engine currently installed on the FOVs and did not fund or own any of the associated data. As a result, the Government does not have the patent rights to the data that would be required to produce a competitive TDP.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement: Due to a lack of funds, the Government currently has no plans to acquire or produce a competitive TDP. Through previous experience, it is estimated that the cost to develop a competitive procurement package through reverse engineering could run as high as $300,000 and could require an estimated delay of at least 12 months which includes the fabrication and testing of the prototype hardware and releasing a validated TDP. Added to these costs and delays would be the cost and time required to qualify another source. Qualification and durability testing of new sources is estimated to cost an additional $1,200,000 and cause a delay of 24 months. Based on the low ordering quantity requirement, it is unlikely that the Government would recover these costs.

Required Testing:

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-17-R-0105

Previous J&A was for W56HZV-15-C-0240 IAW FAR 6.302-1, “Only One Responsible Source and no other supplies or services will satisfy requirements.”

SPRDL1-17-R-0102 5

2. Efforts to Obtain Competition: Although this procurement will be restricted to the above source, the Government will make every effort 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, the appropriate engineering office will evaluate them as a potential alternate source.

4. The POC for this action is

5. Fair and Reasonable Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. DLA Land Warren will use the appropriate acquisition procedures and price and/or cost analysis to determine that the contract price is fair and reasonable. NSN 2930-01-423-5011 has been determined to be as a non-commercial item through market research. Due to the dollar value not expected to exceed $700,000.00, Certified Cost or Pricing Data will not be obtained in accordance with FAR 15.403-4.

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

Name: Jeffrey Mahlmeister Title: Contracting Officer Signature: //JJM// Date: 03/10/17