JA_REDACTED_SPRDL118R0091_Redacted.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐18‐R‐0091

Record of previous J&A on contract (W52H0907D0461) unavailable.

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency – Warren (DLA Land 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."

1. Description of Action: DLA Land Warren intends to award a sole source, firm-fixed-price (FFP) contract with to EFW, Inc., CAGE: 0WEC9, for “Shells, Combat Vehicles”, NSNs 8470- 01-218-2061 and 8470-01-218-2062 (also known as “helmet shell assemblies”). The contract shall include a 100% option for each helmet shell assembly. Award is projected for the 2nd quarter of FY2018, using Army Working Capital Funds.

2. Description of Supplies/Services: This action procures spare helmet shell assemblies for the AH-64D Integrated Helmet Unit (IHU), in sizes: “Medium” and “Large”. The estimated total contract value is

SHELL, COMBAT VEHICLES (Size: Medium)

PRON NUMBER: EH8E0133EH

QUANTITY: 126 Ea (100% option)

NSN: 8470-01-218-2061

MPN: 10094608-101

ESTIMATED UNIT PRICE:

ESTIMATED VALUE:

ESTIMATED OPTION VALUE:

ESTIMATED TOTAL VALUE:

SHELL, COMBAT VEHICLES (Size: Large)

PRON NUMBER: EH8E0134EH

QUANTITY: 183 Ea (100% option)

NSN: 8470-01-218-2062

MPN: 10094606-101

ESTIMATED UNIT PRICE:

ESTIMATED VALUE:

ESTIMATED OPTION VALUE:

ESTIMATED TOTAL VALUE:

END ITEM: AH‐64D Integrated Helmet Unit (IHU)

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐18‐R‐0091

Record of previous J&A on contract (W52H0907D0461) unavailable.

TOTAL ESTIMATED BASIC VALUE:

TOTAL ESTIMATED OPTION VALUE:

TOTAL ESTIMATED CONTRACT VALUE:

TYPE OF FUNDS: AWCF

TYPE OF CONTRACT: FIRM FIXED PRICE

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.

3. Authority Cited: The statutory authority permitting other than full and open competition is:

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and 41 U.S.C. 253(c), as implemented by and FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

4. Reason for Authority Cited: EFW is the original equipment manufacturer (OEM) and the sole source provider of the IHU helmet shell assemblies. EFW owns the technical data package (TDP) for this item and is the only entity capable of meeting the Government’s requirements.

EFW has no interest in selling the TDP.

Based on ARDEC’s engineering judgment and experience, if the USG reverse engineered a TDP suitable for competitive procurement the TDP development would cost $1,301,600.00 plus an additional $170,000.00 required to perform the qualification procedures. These expenses would not be recovered during subsequent competitive actions.

EFW has demonstrated the capability and capcity to meet the USG’s requirements for these items during previous acquisitions.

5. Efforts to Obtain Competition: Competition will not be pursued for this action for the reasons stated in paragraph 4.

6. Actions to Increase Competition: There are no current plans to increase competition because the Government does not own the Technical Data Package and the OEM is not willing to sell the

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐18‐R‐0091

Record of previous J&A on contract (W52H0907D0461) unavailable.

technical data rights. Nevertheless, the Government will investigate future requirements on a case-by-case basis.

7. Market Research: U.S. Army Armament Research, Development and Engineering Center (ARDEC), RDAR-EIS-CM conducted updated Market Research on 13 November 2017 by reviewing technical information and online databases and sources for the following items:

Integrated Helmet and Display Sight System IHADSS Helmet Shell, Combat Vehicle IHU Shell

The market research confirmed that there were no commercial or non-developmental items available that meet the Government needs, or could be modified to meet the Government needs.

8. Interested Sources: A Sources Sought Synopsis was posted on FedBizOpps on 12/04/2017 to notifiy potentially interested parties of these requirements:

Component: SHELL, COMBAT VEHICLES

NSN: 8470-01-218-2061

Part Number: 10094608-101 End Item: AH-64D Integrated Helmet Unit

Component: SHELL, COMBAT VEHICLES

NSN: 8470-01-218-2062

Part Number: 10094606-101 End Item: AH-64D Integrated Helmet Unit

To date, no additional contractors have expressed an interest in this item. Interested contractors should contact the Source Approval Program with the competition advocate’s office for information on becoming a qualified source.

9. Other Facts:

a. Procurement history: The following procurements were made sole source to EFW, Inc., using other than full and open competition, justified pursuant to FAR 6.302-1. Only One Responsible Source.

1) Helmet Shell Assembly, Medium: 8470-01-218-2061; 10094608-101 W52H0907D0461, 10.09.2010, QTY 250 Ea, $1,861.91, Total Value $437,047.50

2) Helmet Shell Assembly, Large: 8470-01-218-2062; 10094606-101 W52H0907D0461, 30.12.2010, QTY 230 Ea, $1,985.35, Total Value $456,630.50

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐18‐R‐0091

Record of previous J&A on contract (W52H0907D0461) unavailable.

b. Acquisition data availability. Technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were never developed for this item and are not available. There are no actions planned to acquire a competitive technical data package.

d. Subcontracting competition. The government will continue to encourage contractors to establish small business agreements in subcontracts through various, ongoing small business promotions administered by DLA Warren’s Small Buisness Office and the Small Business Administration.

10. 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.

Typed Name: Date: _14 Nov 2017 __________ Title: Chief, Medium Caliber Branch Signature: ______________

11. Requirements 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.

Typed Name: Date: 15 Nov 2017 Title: Item Manager Signature:

12. The POC for this action is Momodou Kah, OFFICE SYMBOL: ZGBA, Ext. 3203.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost 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. Certified cost and pricing data will be required to justify price reasonableness. In addition, the appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted.

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

Name: Jamal M. Brooks Title: Contracting Officer Signature: //s// Date: 12/12/2017

15. Legal Concurrence

Concur: // Date: 12/14/2017

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐18‐R‐0091

Record of previous J&A on contract (W52H0907D0461) unavailable.

Approval Authority for Acquisitions Equal to or Greater Than $700,000.00

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

1) PRON NUMBER: EH8E0133EH

QUANTITY: 126 Ea (100% option) NOUN:SHELL, COMBAT VEHICLES (Size: Medium)

NSN: 8470-01-218-2061

MPN: 10094608-101

ESTIMATED BASIC VALUE:

ESTIMATED OPTION VALUE:

2) PRON NUMBER: EH8E0134EH

QUANTITY: 183 Ea (100% options) NOUN: SHELL, COMBAT VEHICLES (Size: Large)

NSN: 8470-01-218-2062

MPN: 10094606-101

ESTIMATED BASIC VALUE:

ESTIMATED OPTION VALUE:

TOTAL ESTIMATED BASIC VALUE:

TOTAL ESTIMATED OPTION VALUE:

TOTAL ESTIMATED CONTRACT VALUE:

TYPE OF FUNDS: AWCF

TYPE OF CONTRACT: FIRM FIXED PRICE

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.

Mary E. Couture, Competition Advocate 18 Dec 2017

DEFENSE LOGISTICS AGENCY J&A: SPRDL1‐18‐R‐0091

Record of previous J&A on contract (W52H0907D0461) unavailable.