JA_SPRDL1-18-R-0496_Redacted.pdf

J&A SPRDL1-18-R-0496

(Previous J&A: N/A, No procurement history)

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

SPRDL1-18-R-0496

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

2. Description of Action: The proposed action is to award a new contract for the Subcaliber Adapter for the M3 MAAWS. Competition will be limited to Saab Dynamics AB (CAGE:

SF413). This action will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services:

The contractor shall provide the Subcaliber Adapter (SCA) for the M3 Muli-Role Anti-Armor Anti-Personnel Weapon System (MAAWS) per the part numbers listed in Table 1. The Subcaliber Adapter unit value is and the minimum quantity of this contract is 90 units each. The maximum quantity for the five year period is 469 units each The value of the contract is

The MAAWS is a system consisting of the 84 mm Carl Gustaf Recoilless Rifle and a suite of ammunition. The Carl Gustaf Recoilless Rifle is a man-portable, air-jumpable, swimmable, breach loaded, direct fire weapon. The subcaliber adapter is a training weapon for the Carl Gustaf with a simulated backblast.

Table 1 – Part Number

NSN NOMENCLATURE P/N CAGE

1005-01-319-8997 Subcaliber Adapter 553B F1312-360690 SF413

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

Acquisition Method Suffix Code: (AMSC): H. 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 other than full and open competition is 10 USC 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:

Subcaliber Adapter, NSN: 1005-01-319-8997, is for the M3 MAAWS and manufactured by Saab Dynamics AB. Saab Dynamics AB designed and tested the Subcaliber Adapter for the M3 MAAWS at its own expense.

The Government does not own technical data rights to these items. No technical data exists that would define production specifications for the Subcaliber Adapter since the item was developed and tested at private expense of Saab Dynamics AB, such data are considered proprietary to the supplier. The non-availability of technical data requires that this item be procured on a non-competitive basis from the listed manufacturers for the replenishment of spare parts. The acquisition data and technical data for NSN: 1005-01-319-8997 are owned and controlled by Saab.

The Government does not own the patent rights or any other proprietary rights to the technical data that would be required to produce a competitive TDP.

Saab Dynamics AB has design/technical rights to this system. Saab Dynamics AB manufactures the component. They passed the requirements of the government qualification tests, to include performance, reliability and durability tests. Saab Dynamics AB is the owner of the TDP for the Subcaliber Adapter. Saab Dynamics AB has the unique and proven qualities and capabilities, facilities, resources, and manufacturing and development experience, to produce and procure the item identified.

The Government did not buy the proprietary rights to produce a competitive TDP. No vendors other than Saab Dynamics AB can meet the required performance standards. Saab Dynamics AB has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. The authorized source tested the item in the gun to the gun specifications.

This is the only known source for the Subcaliber Adapter for M3 MAAWS to have the proper form, fit, and function for this application.

Saab Dynamics AB has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. If another possible source of supply for this item is identified, qualification testing would be required to prove out the item. Without performing qualification testing, the government risks premature failure of this item.

6. Efforts to Obtain Competition: This action is limited to Saab Dynamics AB. Saab Dynamics AB is the owner of the intellectual property and sole qualified manufacturer of this item. There are no known funding efforts in progress at this time to qualify other suppliers of this item nor will there be prior to the contract award due to funding constraints – no funds are available to qualify additional sources given the cost and time involved. At this time, there has not been any expressed interest by any known vendor to become a qualified source to produce this item. Interested contractors can seek qualification through the Source Approval Program with the Competition Management Office.

7. Actions to Increase Competition: There are no known funding efforts in progress at this time to acquire the commercially controlled data needed to competitively procure a Subcaliber Adapter, NSN: 1005-01-319-8997.

At least 12 months will be required to reverse engineer the Subcaliber Adapter from Saab Dynamics AB. The time estimate includes developing and testing a prototype and creating a complete and accurate TDP. The estimated cost for the effort would be at least . Reverse engineering is not justified given the low demand quantity. This expense could not be recovered through subsequent competitive procurements and the time required to award a contract is unacceptable to meet Government requirements. Funds have not been allocated for a reverse engineering effort on this item.

Qualification Testing to include material, form, fit, function, performance and durability testing is estimated to require an additional six months and . This expense could not be recouped through additional competition. Funds have not been allocated for qualifing new sources.

Neglecting qualification testing would create a serious risk to the operator, harm the mission and would have a significant impact on TACOM’s ability to support the soldier in the field.

8. Market Research: As 22 May 2018, general market research using available online information resulted in no additional suppliers being idenfied as sources for the Subcaliber Adapter. This research included searching for published material on new replacement units and other product information. The results of this search did not produce any new information or product catalogs on any company that provides a direct replacement Subcaliber Adapter for the M3 MAAWS. Therefore, there are no other commercial or non-developmental items available to meet the Government's need or that could be economically modified to provide the required part.

9. Interested Sources: A Sources Sought Synopsis for this NSN was posted to FedBizOpps on 28 February 2018. To date, the engineer has not been told of any sources expressing an interest, nor has the Government identified any other source possessing an interest in being an alternate source for this NSN. Notices required by FAR 5.201 will be published and any other proposals received will be considered:

Sources Sought Notice was submitted to Fed Biz Opps on 28 February 2018

Component: Subcaliber Adapter; NSN: 1005-01-319-8997; Part number: F1312-360690

End item: M3 MAAWS

To date, no other sources have expressed an interest in writing or otherwise.

Name: Jamal M. Brooks Date: __07/25/2018_________________ Title: Contracting Officer Signature: ___//s//____________

15. Legal Concurrence:

Concur:

Date: 07/27/2018

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: GUN,SUBCALIBER,7.62

b. NSN: 1005-01-319-8997

c. Minimum Quantity: 90 Ea

Maximum Qauntity: 469 Ea

d. MPN: 401008629 (F1312-360690/SF413/5/2)

e. END ITEM: M3 Muli-Role Anti-Armor Anti-Personnel Weapon System (MAAWS)

f. Minimum Estimated Value:

Maximum Estimated value:

g. PRON NUMBER: EH81L160EH

h. TYPE OF FUNDS: AWCF

i. TYPE OF CONTRACT: FIRM FIXED PRICE