JA_SPRDL1-17-R-0301_Redacted.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐17‐R‐0301

Previous J&A was for SPRDL1-16-R-0188 IAW FAR 6.302-1, “Only One Responsible Source and no other supplies or services will satisfy requirements.”

SPRDL1-17-R-0301 1

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency (DLA) 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:

Fire Extinguisher Assembly b.

NSN:

4210-01-503-1522 c.

MPN:

12496705 (CAGE: 19207)

420866 (CAGE: 05BU0)

d.

MINIMUM QTY:

103 Each

MAXIMUM QTY:

2470 Each e.

VEHICLE SYSTEM:

MM - M2/M3 Fighting Vehicle f.

ESTIMATED UNIT PRICE:

g.

ESTIMATED MINIMUM VALUE:

h.

ESTIMATED MAXIMUM VALUE:

i.

PRON NUMBER:

EH76R069EH

j.

TYPE FUNDS:

AWCF

k.

TYPE OF CONTRACT:

Firm Fixed Price

ACQUISITION METHOD SUFFIX CODE (AMSC): 3

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

EXPLANATION of AMSC B:

This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100.

Suitable technical data, Government data rights, or manufacturing knowledge are not

SPRDL1-17-R-0301 2

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. TACOM Lifecycle Management Command (LCMC) requires the acquisition of the above item. The only approved source for the above Fire Extinguisher Assembly is:

Contractor(s) Name: Kidde Technologies, Inc., Kidde Dual Spectrum 4200 Airport Dr. NW Wilson, NC 27896 Cage Code: 05BU0

Part Numbers: 420866

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 the TDP for the fire extinguisher assembly. Kidde Technologies (Kiddie) is the sole owner of the technical data rights for the fire extinguisher assembly and is unwilling to sell the TDP. The item described above is used in support of the M2/M3 Bradley Fighting Vehicle System. Kiddie is the Original Equipment Manufacturer (OEM) and approved manufacturing source for the fire extinguisher. The USG did not fund Kiddie in the development or testing of the fire extinguisher assembly currently installed on the FOVs. As a result of the information above, the USG does not have the information 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. In addition, it is unlikely costs could be recovered through subsequent competition due to the low ordering quantity requirement for this item. Through previous experience, the USG estimates that the cost to develop a competitive procurement package for the fire extinguisher assembly through reverse engineering could run as high as $1 million and could require an estimated delay of at least 24 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. 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 $600,000 and a delay of 12 months.

SPRDL1-17-R-0301 3

The USG estimates the total cost to develop a competitive procurement package for the fire extinguisher assembly through reverse engineering could run as high as $1.6 million and could require an estimated delay of at least 36 months. Note: These costs listed in the above paragraphs are engineering estimates and may not reflect the total actual costs associated with these activities.

c. Demonstration of Approved Contractor's Unique Qualifications: The fire extinguisher assembly manufactured by Kiddie has the proper form, fit, and function needed for the M2/M3 Bradley FOVs. Kiddie has demonstrated the unique and proven manufacturing capabilities to maintain the processing control required to repetitively produce the fire extinguisher assembly. They also did the 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 Kidde Technologies owns all technical data rights for this component and is unwilling to sell the technical data to the USG. Reverse Engineering is the only recourse the USG could entertain.

No efforts to obtain competition for this acquisition will be taken for the reasons stated above. Complete Level III TDPs, suitable for competition, are not available for purchase. Further, there is no funding to qualify fire extinguisher assembly manufacturers or service providers for this effort.

There are no vendors currently in the process of being qualified. There are no current or planned efforts to qualify any additional sources for the reasons listed above, including the fact that there is no funding for this effort. The USG would not be able to conduct reverse engineering efforts at this time. At the current usage rate of 82 per year, at the current unit cost of $1,400.00, and assuming a 25% savings achieved by competition, the $29,000 annual savings achieved would not offset the costs outlined above. The USG would not be able to recover, through subsequent competition, the additional costs involved in either procuring the proprietary data or reverse engineering the item to create a competitive package. Although this procurement will be restricted to the above source, every effort will be made to obtain potential sources by synopsis and posting to the FedBizOpps website. Interested sources can obtain approval via the Source Approval Program with the TACOM Competition Management Office (CMO).

e. Market Research: There is no drop-in replacement for the fire extinguisher assembly. Kidde Technologies is the premier fire suppression system supplier for Army combat vehicles. Extensive analysis would need to be done in order to ensure that the fire extinguisher assembly will work together with other Kidde developed components within the Bradley automatic fire suppression system, and the vehicle will properly meet performance specifications.

SPRDL1-17-R-0301 6

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:

Fire Extinguisher Assembly b.

NSN:

4210-01-503-1522 c.

MINIMUM QTY:

103 Each

MAXIMUM QTY:

2470 Each d.

ESTIMATED MAXIMUM 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: 23 Jun 2017