JA_SPRDL1-18-R-0300_Redacted.pdf

J&A SPRDL1-18-R-0300

(Previous J&A SPRDL1-17-R-0297 is embedded in document)

J&A SPRDL1-18-R-0300 2

be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

4. Authority Cited : The Statutory authority for 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."

5. Reason for Authority Cited: The supplies to be acquired in Paragraph 3 above is the TPU Electrical Panel 479311-00 used on the Bradley Turret Processor Unit, the TPU-II and the S- TPU. EFW is the only source for this item. The Government does not have any additional information at this time that can be used to compete this requirement, and there is no process underway, or funding by which competition can be technically supported in a responsible time frame. EFW is the designer of this panel, and has designed and manufactured all of the items in existence. It is estimated that to obtain competitive technical data would take an additional year and $500,000 after which a breakout contractor would need an additional 12 months and $500,000 to qualify, and an additional 12 months for production. It should be noted that during this process, there is no guarantee that a breakout contractor’s process would successfully yield suitable production items, or that the follow-on production would meet any deadlines.

Additionally, qualification of another contractor would not recover the various costs incurred in the processes of competition given the small quanitties being produced. At this time there are no alternative responsible contractors for this item.

6. Efforts to Obtain Competition: As addressed above, EFW Inc. owns all technical data rights for this component. Reverse Engineering is the only recourse the Government 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 a new vendor.

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 Government would not be able to conduct reverse engineering efforts at this time. 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).

7. Actions to Increase Competition: As indicated in paragraph 5 above, The Government does not have a means of obtaining adequate information in a responsible time frame, and it should also be noted that funding for such an effort is not presently available. Additionally if funding were to become available it would take an additional 12 months and $500,000 for a competitive TDP to be developed, and another 12 months and $500,000 to qualify and another 12 months to obtain spares from a breakout vendor. It should be noted that no cost savings would be realized as the fielded quantities are very small.

J&A SPRDL1-18-R-0300 3

8. Market Research: The engineering support activity, RDAR-EIS-CM, conducted computer based market research on 02/21/2018 for the TPU Electrical Panel 479311-00. This research did not produce any related results.

A Sources Sought Synopsis for this item was posted in FED BIZ OPPS on 05/19/2017 via Sources Sought Notice 2017-244. These notices are valid for one year from date of issuance.

2017-244.pdf

9. Interested Sources: To date no other known source has expressed interest in writing regarding the manufacture of this item. Interested contractors should contact the Source Approval Program though the Competition Advocate’s Office to become qualified for future procurements.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history:

i. Contract: SPRDL1-18-C-0049 Award Date: 14 November 2017 Contractor: EFW Inc, (CAGE: 0WEC9) Value: $390,720.96 Competitive Status: Sole Source Authority Cited: FAR 6.302-1, Only One Responsible Source

ii. Contract: DAAE20-02-G-0006 Awarded: 30 September 2002 Contractor: EFW Inc, (CAGE: 0WEC9) Value: BOA (Unknown) Competitive Status: Unknown Authority Cited: Unknown

b. Acquisition Data Availability: The Government does not own or have rights to the technical data for the Electrical Panel for this procurement.

c. Unusual and compelling urgency: N/A

d. Subcontracting competition: Due to the dollar value of this procurement the contractor will not be required to submit a Small Business Sub-contracting Plan IAW FAR 19.705-2(a).

The contract will contain FAR 52.244-5 “Competition in Subcontracting” to maximize opportunities for subcontractor participation.

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.

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15. Legal Concurrence

Concur:

Date: 04/19/2018

JA_SPRDL1-17-R-02

97.pdf

J&A SPRDL1-18-R-0300 6

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: Panel, Electrical-El

b. NSN: 5975-01-499-5493

d. QUANTITY: 57 EA

e. ESTIMATED VALUE

f. OPTION PERCENT 100

g. QUANTITY WITH OPTION 114 EA

h. ESTIMATED VALUE WITH OPTION:

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 provision that the property herein described has otherwise been authorized for acquisition.

Signature:

Date: HOPSON.LILLI

.A.1230127324 Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2018.05.21 17:17:24 -04'00'