Redacted_JA_SPRDL1-17-R-0312.pdf

J&A SPRDL1-17-R-0312

SPRDL117R0312

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Defense Logistics Agency – Land Warren

2. Description of Action: The proposed contract action is to procure 698 power cable assemblies used on the PLS (Palletized Loading System) trailer with a 100% option. Competition will be limited to Oshkosh Defense LLC (CAGE 75Q65; P/N 1864530). This action will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: The contractors shall provide the spare parts listed in Table 1 used on the PLS.

Unit Price:

Quantity: 698 Total (with option): 1,396 Total Estimated value of this contract (with option):

Table 1 – List all spare parts

NSN NOMENCLATURE P/N

6150-01-382-5837 Cable Assembly, Power, Electrical 1864530

The AMC code is 3 and the AMSC is H. AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer. 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.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited:

TACOM engineers have analyzed the length of time ( 10 months minimum) required to develop a fully defined TDP and determined that it would cause an unacceptable delay in fulfilling TACOM’s current requirements. It would also have a significant detrimental impact on TACOM's ability to support the solider in the field. It is estimated that over $200,000 of funds would be required to develop a new TDP, and test/qualify new sources. These funds cannot be recouped by competitive procurement of this item. At this time funding is not available to support this effort. The expense to procure or to reverse engineer the TDP could not be recouped through subsequent competitive procurement.

Funds are not available for either procuring the proprietary data or reverse engineering the item to create a competitive package. The delay associated with these efforts is unacceptable in fulfilling TACOM requirements and would have a significant detrimental impact on TACOM’s ability to support the soldier in the field.

6. Efforts to Obtain Competition: This action is limited to Oshkosh Defense LLC (CAGE 75Q65). Interested sources can seek approval through the Source Approval Program with the Competition Advocates Office. To date, there has not been any expressed interest by any other known vendors to become qualified to produce this item.

7. Actions to Increase Competition: It is not beneficial to increase competition for this procurement because the Government does not own or have rights to the technical data for this assembly. The time and money costs described above would not be recouped through competition.

8. Market Research: There are a number of manufacturers with the potential and capacity to design, develop, test and supply a cable assembly capable of supporting military vehicle applications. None of these companies have the particular knowledge of this item to build it without undergoing a program with the cost and time delay described in Section 5.

9. Interested Sources: A sources sought synopsis was posted to FedBizOpps on 5/30/2017; to date, no other sources have expressed an interest in providing the item listed above. The synopsis notices required by FAR 5.201 will be published and any proposals received shall be considered.

10. Other Facts:

a. Procurement History:

(1) Contract: SPRDL110D0029

Award Date: 22 June 2010 Contractor: Ruta Supplies Inc.

Competitive Status: Limited Source Authority: FAR 6.302-1, Only One Responsible Source

(2) Contract: SPRDL110C0113//0001AA Award Date: 22 April 2010 Contractor: Ruta Supplies Inc.

Value: $48,264.00

(3) Contract: SPRDL110C0025//0002AA Award Date: 17 November 2009 Contractor: Wheeler Bros. Inc.

Value: $116,249.00

b. Acquisition Data Available: The Government does not own or possess rights to the technical data.

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition: N/A

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

[x ] $150K to $650K Team Leader [ ] $650K to $12.5M AD/Deputy AD [ ] $12.M to $85.5M Mr. Magid Athnasios EBG [ ] >$85.5 Dr. Paul Rogers

Name:

Title:

Date: 4 April 2017

Signatu e

Name:

Title:

Date: 4 April 2017 Signature: //Signed//

12. Requirement Certification: I certify that the supporting data under cognizance which are included in the justification are accurate and complete to the best of knowledge and belief.

Name:

Title:

Date: 4 Apr 2017 Signature: //s//

Name:

Title:

Date: 5 Apr 2017 Signature: //s//

Name:

Title:

Date: 5 Apr 2017 Signature: //s//

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination will be based on the results of a detailed cost and/or price analysis. Certified cost and pricing data will not be required as the estimated value is not expected to exceed the threshold.

Name: Leah Bourdeau Title: Contracting Officer Date: 31 May 2017 Signature: //s// LCB

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Leah Bourdeau Title: Contracting Officer Date: 31 May 2017 Signature: //s// LCB

15. Legal Concurrence:

Signature: // // Date: 06/05/2017

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