SPRDL118R0115_Redacted.pdf
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- Attached to
- Circuit Card Assemb Federal contract opportunity
- Solicitation number
- SPRDL1-20-C-0127
About this file
This document is a justification and approval for other than full and open competition. It details a sole source contract award to Canadian Commercial Corporation for circuit card assemblies with national stock number 5998-01-553-6538 in support of the Abrams family of vehicles. General Dynamics Land Systems is the original equipment manufacturer and sole owner of the technical data rights for this proprietary item. The government does not have sufficient data to competitively procure or qualify an alternative source for this critical component. Efforts to develop competitive technical data are estimated to cost over $1.6 million and take at least 60 months to complete without ensuring availability of funds for the reverse engineering activities. Therefore, this follow-on award is justified as the only option that can meet the government's urgent requirements.
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J&A SPRDL1-18-R-0115
Previous J&A SPRDL1-11-R-0235 is available and included separately
Acquisition Method Suffix Code (AMSC): B - 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 this action is 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1 , “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”
5. Reason for Authority Cited: General Dynamics Land Systems is the sole owner of their drawings and technical data rights. The Government did not purchase General Dynamics Land System’s proprietary rights to produce a competitive TDP. Only General Dynamics Land Systems has the requisite technical and engineering expertise to perform all efforts required to produce this Circuit Card Assembly. General Dynamics Land Systems has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. Also, the item has been proven acceptable through extensive vehicle testing. An award to any other source would cause a substantial duplication of costs to the Government not expected to be recovered through competition and would cause unacceptable delays in fulfilling the agency’s requirements. Qualifying a new source would require a substantial expenditure. A new source would require tooling adjustment and development of extensive processing procedures. The additional time required for these actions would preclude delivery of the item in a time frame that would meet the Government’s requirements.
6. Efforts to Obtain Competition: No contractors are in the process of being qualified at this time, nor will be prior to the contract award due to funding constraints. At this time, there are no current or planned efforts to qualify additional sources due to the fact that the current TDP is insufficient to qualify a new source, nor are there any funds available to conduct the extensive (costly and time consuming) qualification testing requirements. Currently, there has not been any expressed interest by any known vendor(s) to become qualified source(s) to produce this item.
Contractors interested in producing this item can seek approval through the Source Approval Program with the Competition Advocates Office.
7. Actions to Increase Competition: There are no current plans to acquire a competitive TDP because funds are not available to acquire the data necessary to support a competitive acquisition. ARDEC-RI engineering estimates that the cost to develop a competitive TDP for this item through reverse engineering could run as high as $1,250,000 and require an estimated delay of at least 36 months to include fabrication and testing of the prototype hardware, and releasing a validated TDP.
Since there are no procedures in place to determine whether other sources are qualified to meet the government’s requirements, it would then take an additional $225,000 and take about 12 months for the U.S. Army/ARDEC engineers to develop government’s requirements for the prospective contractor to produce and qualify the items. Finally, it would cost $150,000 and take at least 12 months to conduct the actual Engineering analysis to determine if a new source has become approved in accordance with the newly competitive TDP. This would include the cost for any additional test equipment or fixtures, higher level assemblies and or end item systems, required to test this part and any costs for test facilities as applicable.
The overall costs associated with developing a competitive TDP, to include reverse engineering, developing government’s requirements and engineering analysis would be at least $1,625,000.00 dollars, which would not be recovered through subsequent competition.
The aggregate delay in the acquisition process for the development of a competitive TDP is at least 60 months. A delay of this scale is not considered acceptable in fulfilling the Army’s requirements and would have significant detrimental impact on the Army’s ability to support the soldier in the field and will jeopardize the availability and supportability of Abrams FOV.
Due to lack of funding and urgency of the item requirement, the Government would not be able to conduct reverse engineering effort at this time. These stated costs would be very difficult to be recouped through subsequent competition and the consequential time delay for this effort is unacceptable to meet the Government's requirements.
8. Market Research: In December 2017, market research was performed by ARDEC Engineering. At that time, ARDEC Engineering determined the Circuit Card Assembly, 12490195, is a unique military item. No commercial equivalent exists. Therefore, no commercial item will satisfy the Army’s need for the Circuit Card Assembly. This item does not appear on the TACOM Warren Competition Advocate’s Shopping List (CASL) or Advanced Procurement Planning List (APPL) dated 16 JAN 2018. Vendors interested in pursuing source approval on this item are instructed to contact the Source Approval Officer in the Competition Management Office.
9. Interested Sources: A Sources Sought Synopsis for this NSN was posted on Fed Biz Opps on 08 DEC 2017 to see if there is any interest from perspective Offerors at this time. To date, no other sources have written to express an interest, nor has the Government identified any other source possessing an interest in being an alternate source for this NSN. The notices are required by FAR 5.201 have been published and any other bid or proposals received will be considered.
A Sources Sought Notice has been posted to Fed Biz Opps on 08 DEC 2017.
Component: Circuit Card Assembly
NSN: 5998-01-553-6538
Part Number: 12490195 End Item: Tank, M1 Abrams Family of Vehicles
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10. Other Facts:
a. Procurement history:
Contract: SPRDL1-12-C-0044 Award Date: 06/29/2012 Contractor: Canadian Commercial Cooperation Value: $280,085.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source
Contract: W52H0907G0001/0072/0001AA Award Date: 07/14/2010 Contractor: General Dynamics Land Systems Value: $133,956.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source
Contract: W52H0907G0001/0028/0001AA Award Date: 11/09/2008 Contractor: General Dynamics Land Systems Value: $295,421.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source
Contract: W52H0907G0001/0002/0005AA Award Date: 09/17/2007 Contractor: General Dynamics Land Systems Value: $504,345.20 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source
b. Acquisition Data Availability: The Government does not own or have rights to the technical data for the Circuit Card Assembly used on the Tank, M1 Abrams Family of Vehicles for this procurement.
c. Subcontracting Competition: The Government will require the awarded contractor to submit a subcontracting plan, which will include the efforts to subcontract to small business IAW FAR 19.704.
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.
The POC for this action is General Engineer, Name:
Title: APO, Abrams Matrix Support ARDEC-RI
Date: 4 December 2017
12. Requirements 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: Item Manager:
Date: 28 February 2018 Signature: //s//
Name:
Title: Dir, CM&R PSID Date: 3 Apr 18 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 based on FAR 15.404-
1. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. Based on the sole source nature and estimated dollar value of the procurement, Certified Cost and Pricing Data will be required IAW FAR 15.403 to justify price reasonableness. The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted if necessary.
Name: Jeffrey J. Mahlmeister Title: Contracting Officer Date: 05/02/2018 Signature: //JJM//
14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.
Name: Jeffrey J. Mahlmeister Title: Contracting Officer Date: 05/02/2018 Signature: //JJM//
15. Legal Concurrence:
Concur:
Date: 07/02/2018
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: Circuit Card Assembly
b. NSN: 5998-01-553-6538
c. Basic Quantity: 85
d. Basic Estimated Value: $782,192.95
e. Option Percent: 100%
f. Quantity with Option: 170
g. Estimated Value with Option: $1,564,385.90
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:
J&A_SPRDL1-11-R
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