JA_SPRDL1-19-R-0153_Redacted.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-19-R-0153

(No Previous J&A Is Available)

DLA Land Warren 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

2. Description of Action: The proposed action is to award a new contract with option for Artillery Portable Universal Battery Supply (APUBS) for the M119A3 Howitzer on a Sole Source basis. This action will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services:

Noun: Artillery Portable Universal Battery Supply (APUBS)

NSN: 6130-01-604-1361

Part Number: 13022799 Quantity: 61 Option Quantity: 61 Unit Price:

Estimated Total Value:

Vehicle system: M119A3 Howitzer PRON Number: EH9C0220EH

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.

4. Authority 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: The Acquisition Data is not fully defined. The Source Control Drawing format of this item does not contain sufficient technical data, is not fully defined, and not fully suitable for full and open competition. It only specifies the required mechanical interfaces and maximum envelope (including connectors and caps) while the performance requirements are specified in accordance with Performance Specification (PS) PRF13022799 per the drawing. The contractor does not own the rights to the data available, but they do own the rights to the data for the actual item produced per the PS. The Government owns the data on the drawing and the PS. The limitations or restrictions of these rights are not defined. Drawing 13022799 is not stamped with Licensed Rights even though it’s currently source controlled to Quasar Power & Technologies Inc., doing business as: Milpower Source (Cage 0B7R6).

6. Efforts to Obtain Competition: There are no current plans to develop a fully competitive TDP. There is sufficient data on the drawing to qualify a new source but it lacks the technical data for the hardware/circuit configuration contained within the envelope of the Battery Power Supply. ARDEC-RI estimates that the total cost to develop a fully competitive package for this item is estimated to be $300,000 based upon reverse engineering, qualification procedures and engineering analysis. Efforts to recover this cost through subsequent competition would depend on future demand.

Estimated costs associated with reverse engineering: $150,000.

Estimated time associated with reverse engineering: 6 months.

Estimated costs associated with the development of qualification procedures: $50,000.

Estimated time associated with the development of qualification procedures: 6 weeks.

Estimated costs associated with the conducting engineering analysis: $100,000.

Estimated time associated with the engineering analysis: 6 months

7. Actions to Increase Competition: Milpower Source is currently the approved source of supply for this part. Although this procurement will be restricted to the above source(s), every effort will be made to obtain potential sources by synopsis through the FedBizOpps system.

Any new vendor who decides to pursue the qualification process will be directed to the Competition Advocate’s Source Approval Program.

The Competition Management Office (CMP) will encourage interested parties to submit a Source Approval Request (SAR) at this time for future buys.

8. Market Research: The assigned engineering office, RDAR-EIS-CL, RDECOM-ARDEC reviewed catalogs and other generally available product literature published by manufacturers, distributors and dealers on-line for similar items on 11/27/2018. But due to its uniqueness, an item of an equivalent configuration for fit, form or function was/is not readily available as a possible substitute for the current source controlled one. As stated above, an effort will be made to obtain potential sources by synopsis through the FedBizOpps system. Should potential sources respond to the synopsis in FedBizOpps, they will be evaluated by the appropriate engineering office as an alternate source.

Sources Sought Notice 2019-108 Item Name: Artillery Portable Universal Battery Power Supply

NSN: 6130-01-604-1361

Part Number: 13022799 Quantity: 122

FedBizOpps Link:

https://www.fbo.gov/index.php?s=opportunity&mode=form&id=7195aa73cc0f37434bb1647038 7f75ec&tab=core&_cview=0

9. Interested Sources: There has not been any expressed interest by any known contractors to become a qualified source to produce the Artillery Portable Universal Battery Supply (APUBS) (PN: 13022799). The notices required by FAR 5.201 shall be or have been published, and any bids or proposals received shall be considered.

10. Other Facts:

a. Procurement history:

Contract: W15QKN-14-D-0084 Award Date: 21 July 2014 Contractor: Quasar Power & Technologies, Inc. (Cage 0B7R6)

Doing Business As: Milpower Source Value: 4 Year Long Term Contract Valued at $6,603,592.50 Max Qty: 450 EA at $14,674.65 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source To date, the Picatinny Arsenal has not released the W15QKN-14-D-0084 J&A to

DLA.

b. Acquisition data availability: To date no other known source has expressed interest in writing regarding the manufacture of this item.

c. Unusual and compelling: N/A

d. Subcontracting competition: The Government will require the awarded contractor to submit a subcontracting plan, which will include the efforts to subcontract to small business IAW FAR19.704.

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.

: Date: _____28 Nov 2018___________ Actg Chief, Large Caliber Systems Branch: Signature:

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: Date: __2/1/19_ __ Title: Signature: _____/s/____ , Item Manager_____

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. This determination will be based on the results of a detailed cost and or price analysis. The contractor will be required to submit certified cost and pricing data as the expected value of this procurement is above the TINA threshold. This item is non-commercial.

Typed Name: Jeffrey J. Mahlmeister Title: Contracting Officer Signature: //JJM// Date: 03/14/2019

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Jeffrey J. Mahlmeister Title: Contracting Officer Signature: //JJM// Date: 03/14/2019

15. Legal Concurrence:

Concur: // // Date: 03/21/19

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: Artillery Portable Universal Battery Supply (APUBS)

b. NSN: 6130-01-604-1361

c. Basic Quantity: 61

d. Basic Estimated Value:

e. Option Percent: 100%

f. Quantity with Option: 122

g. 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: SHEARER.MARY.E.1250702449 Digitally signed by SHEARER.MARY.E.1250702449

Date: 2019.03.26 14:30:36 -04'00'