J_&_A_SPRDL1-18-R-0383_-_Redacted.pdf

J&A SPRDL1-18-R-0383

Prior procurement was below the simplified acquisition threshold therefore no previous J&A is available

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Defense Logistics Agency Justification and Approval for Other Than Full and

Open Competition

1. Contracting Activity: The Contracting Activity for this action is the Defense Logistics Agency-Warren (DLA-WRN)

2. Description of Action: This request is for approval of a new sole source firm fixed price contract. Funding for this contract will be under Army Working Capital Funds (AWCF).

3. Description of Supplies/Services

a. NOUN: AMMUNITION CHUTE

b. MINIMUM QUANTITY: 24 each MAXIMUM QUANTITY: 1,596 each

c. NSN: 1005-01-172-3038

d. MPN: S765120-102

e. VEHICLE SYSTEM: Bradley (BFVS) - MM

f. ESTIMATED UNIT PRICE: $

g. ESTIMATED MINIMUM VALUE: $

ESTIMATED MAXIMUM VALUE: $

h. PRON NUMBER: EH86R084EH

Acquisition Method Code (AMC): 3 - Acquire, for the second or subsequent time, directly from the actual manufacturer.

Acquisition Method Suffix Code: (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 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.

Prior procurement was below the simplified acquisition threshold therefore no previous J&A is available

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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 agency requirements.”

5. Reason for Authority Cited: The supplies to be acquired in Paragraph 3 above are for the Bradley Fighting Vehicle M240 Flexible Ammunition Feed Chute (P/N S765120-102) used to feed ammunition to the co-ax weapon. At this time Standard Armament Inc (SAI), CAGE 98459 is the only qualified supplier of this source controlled item. Additionally there is no process underway, or funding by which competition can be technically supported in a responsible time frame. To date, SAI has manufactured this item to supply both the vehicle Prime Contractor (BAE) and any previous spares, meeting contractual deadlines consistently.

It is estimated to obtain competitive technical data that it would take an additional year and $50,000 after which a breakout contractor would need a year to qualify, and produce spares. It should be noted that during this process, there is no guarantee that a breakout contractor’s item would be successfully perform properly, or that production would meet any deadlines. At this time there are no alternative responsible contractors for this item.

6. Efforts to Obtain Competition: As addressed above, SAI owns all technical data rights for this component. 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 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 USG 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 $50,000 for a competitive TDP and testing requirements to be developed, and another 12 months to obtain spares from a breakout vendor, and perform testing. It should be noted that no cost savings would be realized by competing this requirement.

8. Market Research: The assigned engineering office, RDAR-EIS-CM conducted computer based market research 02/28/2018 for the Bradley Fighting Vehicle M240 Flexible Ammunition Feed Chute (P/N S765120-102). This research did not produce any additional sources. Interested contractors should contact the source approval program with the competition advocate’s office.

Prior procurement was below the simplified acquisition threshold therefore no previous J&A is available

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A sources sought synopsis for this item was posted in FED BIZ OPPS on 03/02/2018 via Sources Sought Notice 2018-313.

2018-313.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:

Purchase Order: SPRDl1-17-P-0543 Award Date: September 15, 2017 Contractor: SAI Industries

Value: $31,570.00. A unit price of $410.00 Competitive Status: Limited Source

Authority Cited: Only one responsible source and no other supplies or services will satisfy agency requirements.

b. Acquisition data availability: The Technical Data Package (TDP) and its proprietary rights are not owned by the Government and as such, the data required to produce a competitive TDP is not currently available.

c. Unusual and compelling urgency: N/A

d. Subcontracting competition:. Due to the dollar value of this procurement a subcontracting plan will not be required IAW FAR 19.702.

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.

Typed Name: Date: March 2, 2018 Title:

12. Requirements Certification:

Prior procurement was below the simplified acquisition threshold therefore no previous J&A is available

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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.

Item Manager:

Date: 5 March 2018

Approver:

Typed Name:

Date: 5 March 2018 Title:

Signature:

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. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted if necessary. Due to the dollar value of this procurement, certified cost or pricing cost and pricing data will not be required IAW FAR 15.403.

Typed Name: Eric E. Tucker Date: 4/10/2018 Title: Chief, Stryker/Infantry Signature: //EET//

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Eric E. Tucker Date: 4/10/2018 Title: Chief, Stryker/Infantry Signature: //EET//

15. Legal Concurrence:

Concur:

Date: 04/16/2018