JA_SPRDL1-18-R-0442_redacted.pdf

This is an Acquisition for SPRDL1-18-R-0442 utilizing FAR 6.302-1.

Previous J&A SPRDL1-14-R-0124 is available

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

The Defense Logistics Agency – Warren (DLA – 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.”

PART I - Description of Items Required

a. NOUN: Pump, Reciprocating

b. Guaranteed Minimum Quantity: 12 each

c. Maximum Available Quantity: 1,250 each

d. NSN: 4320-12-375- 2254

e. MPN: 2.641-231.0 (Cage D0356)

f. Vehicle System: M26 Joint Service Transportable Decon System – Small Scale

(JSTDS- SS)

g. Estimated Unit Price:

h. Estimated Total Value:

i. PRON Number(s): EH86R096EH

j. Type of Funds: C-AWCF

k. Type of Contract: Firm-Fixed-Price (FFP) Indefinite-Delivery Indefinite-Quantity (IDIQ)

a. NOUN: Heater, Water, Liquid

b. Guaranteed Minimum Quantity: 3 each

c. Maximum Available Quantity: 75 each

d. NSN: 4410-12-375-2256

e. MPN: 2.641-234.0 (Cage D0356)

f. Vehicle System: M26 Joint Service Transportable Decon System – Small Scale

(JSTDS- SS)

g. Estimated Unit Price:

h. Estimated Total Value:

i. PRON Number(s): EH81L215EH

j. Type of Funds: C-AWCF

k. Type of Contract: Firm-Fixed-Price (FFP) Indefinite-Delivery Indefinite-Quantity (IDIQ)

AMC code: 3 indicates that the United States Government (USG) acquire, for the second or subsequent time, directly from the manufacturer.

AMSC code D indicates the data needed to acquire these parts competitively are not physically available. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the parts.

PART II – Technical Information and Certification

1. The US Army TACOM LCMC requires the acquisition of the above item. The only approved source(s) for the above items is (are):

a. Contractor Name: Kaercher Futuretech GMBH Cage: D0356

Part Number(s): 2.641-231.0 and 2.641-234.0

2. Reasons the items are not suitable for full and open competition:

a. Status of the Acquisition Data:

The Pump and Water, Heater, Liquid was developed by Kaercher Futuretech to be used in the M26 JSTDS-SS. Joint Project Manager-Protection tested and approved the pump in the mid 2000’s to be used with caustic decontamination agents. The Pumps internal components were redesigned with hardened and more durable components, . Therefore, it will not degrade or

Joint Project Manager-Protection (JPM-P) also tested and approved The Water, Heater, Liquid in the mid 2000’s that was designed by Kaercher Futuretech to meet key operational requirements such as flow, pressure and heat transfer and contains critical safety features to prevent injury to the soldier. The JPM-P tested the Pump and Water, Heater, Liquid together as part of the higher level system’s capability test during the mid 2000’s

The government does not own the Technical Data Package (TDP) for this item.

Kaercher Futuretech is the sole owner/developer of the Pump and Water, Heater, Liquid, and is the only source that can manufacture these unique military grade parts.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this

Procurement:

1. Limitations to developing a Competitive Package (R&D Effort) or Procuring Proprietary Data or Qualifying Additional Sources: Cost / Delay

Cost: Pump, Reciprocating: $575,000

Water, Liquid, Fuel: $300,000

Delay: Pump, Reciprocating: 3.5 years Water, Heater, Liquid: 3 years

Pump, Reciprocating:

Since there is not established technical requirements for the Pump, ECBC engineering estimates it would cost approximately $100,000 and 6 months to develop a baseline and requirements. In addition, to develop a competitive TDP for this item through reverse engineering costs could exceed $400,000, and take up to two years of development and testing of the prototype(s). Also, it could take an additional year and $75,000 to develop and release the technical documents.

Water, Heater, Liquid:

Since there is not established technical requirements for the Water, Heater, Liquid, ECBC engineering estimates it would cost approximately $100,000 and 6 months to develop a baseline and requirements. In addition, to develop a competitive TDP for this item through reverse engineering costs could exceed $150,000, and take up to 18 months of development and testing of the prototype(s). It could take an additional year and $50,000 to develop and release the technical documents.

2. Limitations to Reverse Engineering: Cost / Delay

Pump:

The aggregate cost associated with developing a competitive TDP for the Pump could exceed $575,000. This includes developing technical requirements, reverse engineering, manufacturing prototypes, testing, evaluating and developing the technical data.

The aggregate delay would be at least 3.5 years. This type of delay would not be acceptable in fulfilling the joint services requirements and would hinder the M26 readiness capability.

Water, Liquid, Heater:

The aggregate cost associated with developing a competitive TDP for the Water, Liquid, Heater could exceed $300,000. This includes developing technical requirements, reverse engineering, manufacturing prototypes, testing, evaluating and developing the technical data.

The aggregate delay would be at least 3 years. This type of delay would not be acceptable in fulfilling the joint services requirements and would hinder the M26 readiness capability.

3. Quantities are too small to justify the cost to increase competition

The government does not own a technical data package for the Pump or Water, Heater, Liquid; therefore, competition cannot be established.

c. Demonstration of Approved Contractor’s Unique Qualifications:

Kaercher Futuretech has the requisite technical and engineering expertise to perform all efforts required to provide the Pump and Water, Heater, Liquid. They have demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing controls required to repetitively produce these parts.

In addition to being the sole owner of the drawings and technical data rights, Kaercher Futuretech is the only contractor who has the required technical and engineering knowledge, production facility expertise, internal configuration control, overall management capability, and quality testing capabilities necessary to produce, and deliver this item. Kaercher Futuretech owns the specialized test equipment which is needed and was designed for testing this Pump to ensure full compliance with all performance requirements.

d. Efforts to Qualify Additional Suppliers for future procurements:

There are no efforts to obtain competition for this action on the prime contractor level due to the duplication of costs and unacceptable delays the Government would incur as described in section b "Efforts to Develop a Competitive Package''.

e. Market Research:

ECBC conducted a thorough market analysis that consisted of issuing a Request for Information, detailed market analysis of pump manufacturers and distributors and surveying local pump dealers. These efforts did not result in the identification of a potential direct replacement pump. In March 2018, the Decon team at ECBC conducted additional market research by surveying pump manufacturers and distributors, which resulted in no additional potential sources.

The items represented in this market research have unique military requirements.

Due to the lack of a government owned technical data package, technical requirements cannot be derived without extensive reverse engineering and testing.

Therefore, without technical requirements, identifying commercially comparable replacement pumps or Water, Heater, Liquid have been unsuccessful.

1. The POC for this action is , Configuration Manager,

2. Technical Certification: I certify that my supporting data are accurate and complete to the best of my knowledge and belief.

Name: (Engineering Division Chief) Title: Chief, Sustainment Engineering Division

3/26/2018

X

Signature: Date:Signed by: GRODECKI.JOSEPH.MICHAEL.1275759372

PART III – Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON #s EH86R096EH and

EH81L215EH (see page 1) as to required quantities and delivery schedules are accurate and complete.

Pump, Reciprocating, NSN: 4320-12-375- 2254, LTC Worksheet

5. I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. DLA Land Warren will use the appropriate acquisition procedures and cost and/or price analysis to determine price fair and reasonableness.

Due to the dollar value exceeding $750,000.00, certified cost or pricing data will be obtained since the DLA Land Warren will be procuring these requirements in accordance with FAR 15.403-4. I also certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Timothy A. Nichols Title: Contracting Officer/ Chemical & Biological Defense Branch Chief Signature: //TAN// Date: 6 JUL 2018

PART V – Legal Concurrence

Concur:

Date:07/17/2018

PART VI - Approval Authority for Acquisitions Greater than $700,000.00 but Less than $13.5M.

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

a. Nouns: Pump, Reciprocating (2254) Heater, Water, Liquid (2256)

b. NSNs: 4320-12-375-2254 4410-12-375-2256

c. System: M26 Joint Service Transportable Decon System – Small Scale (JSTDS- SS)

d. Required Minimum Quantity: 12 ea. (2254) 3 ea. (2256)

e. Estimated 5 Year Maximum Quantity: 1,250 ea. (2254) 75 ea. (2256)

f. Required Minimum Value: (2254) (2256)

g. Estimated Maximum Value: (2254) (2256)

h. Total Combined Estimated Value:

Based on the foregoing Justification, I hereby approve the procurement of the two NSNs listed above, from Kaercher Futuretech GMBH for a total estimated maximum value of for both NSNs combined.

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.

Signature:

Date: 25 Jul 2018