JA_SPRDL1-18-R-0461_Redacted.docx

Defense Logistics Agency Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity : The Defense Logistics Agency – DLA Land Warren is the procuring activity for this action. The statutory authority permitting other than full and open competition is 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."

2. Description of Action: This proposed action is to award a new contract, with a 100% option, for Boresight Kits. Competition will be limited to GRAFLEX INC. (CAGE 00ZS7). The total estimated dollar value is $415,212.52. The proposed contract will be firm fixed price and utilize AWCF funding.

3. Description of Supplies/Services: This contract is for to provide Boresight Kits. A quantity of 74 kits with optional value of 74 kits are being requested at an estimated unit price of $2,805.49 (total value of $415,212.52) as follows:.

Solicititaion SPRDL1-18-R-0461

Mil

Acquisition Method Code (AMC): 3- Aquire directly from the actual manufacturer, whether or not the prime contractor is the actual manufacturer.

Acquisition Method Suffix Code: (AMSC): D- The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the materialfor a competitive solicitation.

4. Authority Cited: The statutory authority permitting other than full and open competition is Title 10 United States Code (U.S.C.) Section 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:

The US Army Life Cycle Management Command (US ARMY TACOM LCMC) requires the acquisition of the above item. The only approved source for the above item is:

Contractor: GRAFLEX INC Part Number: 4-1250BRE CAGE Code: 00ZS7

Reasons the item is not suitable for full and open competition:

Status of the Technical Data Packages (TDP):

This item is source controlled to GRAFLEX INC. The Government does not have drawings that are suitable for competitive procurement. The drawings were not defined for the following reasons:

(1) GRAFLEX INC. developed, tested, and obtained the Government's approval of this boresight kit at their own costs. The Government did not fund GRAFLEX INC’s efforts in development and qualification testing of this item. Additionally, the Government did not fund them to prepare a fully detailed TDP after approval. As such, GRAFLEX INC is the sole owner of their drawings and technical data rights.

(2) The Government does not have rights to the data that would be required to produce a competitive TDP. GRAFLEX INC. is unwilling to sell the TDP.

(3) If the Government conducts the efforts to allow the procurement to become competitive, an unacceptable delay of at least 26 months would occur. This delay would adversely impact the Army's readiness rate and Operational and Support (O&S) costs.

6. Efforts to Obtain Competition:

(a) No vendors are in the process of being qualified at this time, nor will they be prior to the contract award due to the time required to qualify a new source and funding constraints.

(b) At this time, there are no current or planned efforts to qualify additional sources, partially due to a lack of technical data. Any new source would be required to pass extensive first article/validation testing at the component and vehicle level. The additional time required for these actions would preclude the delivery of the items in a time frame that would satisfy the Government’s needs.

(c) TARDEC Engineering estimates the following breakdown for the minimum timeline and costs for reverse engineering a first iteration of current subcomponents to include review, design, prototyping, testing and TDP/publication refinement. This is shown below for clarity.

Reverse Engineering Activity Delay Costs Project definition 3 Months $50K Reverse engineer and create drawings 6 Months $400K Obtain prototypes 6 Months $100K Engine and vehicle tests 8 Months $600K

Total Estimated Time to Reverse Engineer 26 Months $1225K

Added to these estimates is the time for a FAT after contract award if other than the current source gets the contract.

(d) Any new vendor who decides to pursue the qualification process would be directed to go through the Competition Advocate's Source Approval Program. The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item for future buys.

7. Actions to Increase Competition:

(a) Effective Competition: Based on the detailed rational provided in paragraph 5 above, the Government has no plans to obtain competition for this proposed contractual action.

(b) Subcontracting Competition: Due to the dollar value, the FAR clause 52.244-5, Competition in Subcontracting will be included in the solicitation. In addition, it should be noted that GRAFLEX INC. is a Woman Owned Small Buisness Concern.

8. Market Research: Market research was completed by TARDEC Engineering in April 2018 and no additional sources were identified. A search was conducted on Fed Biz Ops to see if there had been any procurement actions for this NSN within the past year, of which there were not. HAYSTACK identified GRAFLEX INC. as the only source of the part. An internal search of Windchill found no technical data that could be used for procurement. There are no other sources who manufacture this part at this time. New sources would need to conduct extensive analysis, prototyping, and vehicle testing as described in section 5 above would still need to be done to ensure that the part will properly meet performance specifications with a new supplier’s hardware. The cost of such analysis, prototyping, and testing would far exceed any cost savings realized by adding another source. Interested sources will be referred to the Source Approval Program with the Competition Advocate’s Office for information on becoming a qualified source of supply in the future.

A Sources Sought Notice was posted to FedBizOpps on 03-16-2018, and remains valid for one year from the date of posting:

Component: Kit, Boresight

NSN: 1240-01-545-5147

Part Number: 4-1250BRE End Item: Stryker FOV

9. Interested Sources: To date, no other sources have written to express an interest in qualifying as a source of supply. A Sources Sought Synopsis was posted to Fed Biz Opps on 16 March 2018 for the Kit, Boresight, 1240-01-545-5147, Part Number 4-1250BRE. Any responses received will be evaluated by the appropriate office.

10. Other Facts:

a. Procurement history: There is no procurement history for this item.

The POC for this action is Benjamin Eichhorn, Engineer, 586-282-8969, benjamin.e.eichhorn.civ@mail.mil.

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: ___Tina Minauro__________ Date: ____18 APR 2018_______________ Title: Supervisory Team Lead for MCV Signature: __//S// Tina Minauro tina.m.minauro.civ@mail.mil_________

12. 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: Michele Ritter Date: _ 19 APR 2018__________________ Title: Team Lead for Organic Sustainment Group Signature: __//s// Michele Ritter michele.h.ritter.civ@mail.mil_____________

13. Fair and Reasonable Cost Determination and Contracting Officer Certification:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price analysis will be conducted from analyzing procurement history for this item. Certified cost or pricing data will be not required in accordance with FAR 15.403(a) due to the dollar value of this procurement.

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

Typed Name: Eric E. Tucker Title: Chief, Stryker/Infantry, ZGAB Signature: //EET// Date: 6/9/2018

14. Legal Concurrence:

Concur: // Darin R. Morency // Date: 09/17/2018

Approval Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Eric E. Tucker Title: Chief, Stryker/Infantry, ZGAB Signature: //EET// Date: 6/9/2018 image1.emf

Sources Sought Notice 2018-330.pdf

FED BIZ OPPS Posting: Sources Sought Notice 2018-330

Item Name: Kit, Boresight

NSN: 1240-01-545-5147

Part Number: 4-1250BRE End Item: Stryker

Please Note:

-This notice is Not an open solicitation i.e., Invitation for Bid (IFB) or Request for Proposal (RFP).

-Technical data is Not available for this item.

-Qualification testing and evaluation Is required to become an approved source.

-Source approval does Not guarantee business.

-Qualifying as an approved source Only provides the opportunity to compete on future solicitations.

Additional Information:

Source Approval Program https://www.tacom.army.mil/cmo/sap.html

Source Approval Program – What is it?

https://www.tacom.army.mil/cmo/sap_what.html

Source Approval Request (SAR) Package Requirements https://www.tacom.army.mil/cmo/sap_sar.html

Point of Contact:

Title: Source Approval Officer

Email: usarmy.detroit.tacom.mbx.lcmc-market-surveys@mail.mil https://www.tacom.army.mil/cmo/sap.html https://www.tacom.army.mil/cmo/sap_what.html https://www.tacom.army.mil/cmo/sap_sar.html image2.emf

Sources Sought.png