JA_SPRDL1-17-R-0186_Redacted.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-17-R-0186

No Previous J&A Available.

l. AMSC: B - This part must be acquired from the manufacturing sources specified on a source control drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall 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 TACOM LCMC requires the acquisition of the above item. The only approved source for the above Metering and Distribution Fuel Pump is:

Contractor(s) Name: AMBAC INTERNATIONAL CORPORATION

910 SPEARS CREEK CT

ELGIN, SC 29045-9313

Cage Code: 01843

Part Numbers: KT8818

L3 TECHNOLOGIES, INC.

76 GETTY ST

MUSKEGON, MI 49442

Cage Code: 02978

Part Numbers: 679657 / E2CA130-022

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

a. Status of the Acquisition Data:

The United States Government (USG) does not own a detailed Technical Data Package (TDP) for the Metering and Distribution Fuel Pump that would be needed for a competitive procurement. AMBAC International Corporation & L3 TECHNOLOGIES, INC. are unwilling to sell the TDP to the USG. AMBAC International Corporation & L3 TECHNOLOGIES, INC. are the Original Equipment Manufacturers (OEM) for the Metering and Distribution Fuel Pump used in the M88 and are the only approved manufacturing sources. The Government did not fund AMBAC INTERNATIONAL CORPORATION or L3 TECHNOLOGIES, INC. in the development or testing of the

Metering and Distribution Fuel Pump currently installed on the Fleet of Vehicles (FOV).

Therefore, the Government does not own the rights for a competitive TDP for the AMBAC INTERNATIONAL CORPORATION & L3 TECHNOLOGIES, INC. Metering and Distribution Fuel Pump that would be required to produce a competitive TDP. AMBAC INTERNATIONAL CORPORATION & L3 TECHNOLOGIES, INC. are the sole owners of the technical data rights to manufacture the Metering and Distribution Fuel Pump.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement:

There are currently no plans to acquire a competitive TDP due to lack of funds that would be needed to acquire the data in order to support a competitive acquisition. In addition, it is unlikely costs could be recovered through subsequent competition due to the low ordering quantity requirement for this item. The Government does not possess a competitive TDP for the Metering and Distribution Fuel Pump. Through our previous experience, we estimate that the cost to develop a competitive procurement package for the Metering and Distribution Fuel Pump through reverse engineering could run as high as $700,000 and could require an estimated delay of at least 19 months to include fabrication and testing of the prototype hardware and releasing a validated TDP. Added to these costs and delays would be the cost and time it would take to qualify another source. Vehicle level qualification and durability testing would be required to prove out this item if manufactured by a new source at an estimated cost of an additional $500,000 and a delay of 4 months. Fabrication of reverse engineered prototypes would take as long as 8 months with a cost up to $750,000. Note: These costs listed in the above paragraph are engineering estimates and may not reflect the total actual costs associated with these activities.

c. Demonstration of Approved Contractor's Unique Qualifications:

The Metering and Distribution Fuel Pump manufactured by AMBAC INTERNATIONAL CORPORATION & L3 TECHNOLOGIES, INC. has the proper form, fit, and function needed for the M88 FOVs. AMBAC INTERNATIONAL CORPORATION & L3 TECHNOLOGIES, INC. have demonstrated the unique and proven manufacturing capabilities to maintain the processing control required to repetitively produce the Metering and Distribution Fuel Pump. They also did vehicle level tests to qualify their product. If another possible source of supply for this item were identified, qualification testing would be required to prove out the item.

d. Efforts to Qualify Additional Suppliers for future procurements:

As addressed above AMBAC INTERNATIONAL CORPORATION & L3 TECHNOLOGIES, INC. own all technical data rights to manufacture this component and are unwilling to sell the technical data to the Government. Reverse Engineering or the Competition Management Office are the options that the US Government could entertain.

5. Fair and Reasonable Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This item has been determined not to be commercial and will be procured using FAR Part 15. Certified cost or pricing data will be required in accordance with FAR 15.403-4. The Government will utilize cost analysis to determine that the contract price is fair and reasonable and will conduct negotiations if necessary.

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

Name: Morris Belleville Title: Contracting Officer Signature: Morris A. Belleville /S/ Date: 03/31/2017

PART V - Legal Concurrence

Concur:

Date: 04/04/2017

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: Metering and Distribution Fuel Pump

b. NSN: 2910-01-073-0124

c. BASIC QUANTITY: 47 Each

OPTION QUANTITY: 47 Each TOTAL QUANTITY: 94 Each

d. ESTIMATED TOTAL VALUE:

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: 7 Apr 2017