SPRDL119R0194 - reviewed_Redacted.pdf

J&A SPRDL1-19-R-0194

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: The Defense Logistics Agency – Warren (DLA – Warren) is the procuring activity for this action.

2. Description of Action: This request is for approval of a new firm fixed price three year Long Term Contract (LTC). Funding for this contract will be under Army Working Capital Funds (AWCF).

3. Description of Supplies/Services

a. NOUN: Touchscreen, Data Entry

b. MINIMUM QUANTITY: 18 each MAXIMUM QUANTITY: 393 each

c. NSN: 7025-20-002-0039

d. MPN: 918717-001 (CAGE: 05257)

e. VEHICLE SYSTEM: Bradley Fighting Vehicle System

(BFVS)

f. ESTIMATED UNIT PRICE:

g. ESTIMATED MINIMUM VALUE:

ESTIMATED MAXIMUM VALUE:

h. PRON NUMBER: EH81L297EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

k. AMC/AMSC: 3R

AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer, whether or not the prime contractor is the actual manufacturer.

AMSC R. The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them. Valid AMCs: 1, 2, 3, 4, and 5.

4. Authority Cited: 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.

5. Reason for Authority Cited: The U.S. Army TACOM LCMC requires the acquisition of Data Entry Touchscreen, manufacturer’s P/N 918717-001. The only production source for this item is:

General Dynamics Mission Systems-Canada (GDMS-C) 1941 Robertson Road Ottawa, Ontario K2H 5B7 CAGE Code: 05257

There is no U.S. Government owned technical data available at this time that can be used to support a competitive purchase of Data Entry Touchscreen, GDMS-C P/N 918717-001.

6. Efforts to Obtain Competition: General Dynamics Mission Systems-Canada is the designer and producer of this item, and has proprietary rights to the design as well as the proper test equipment needed to assure that the items produced will not introduce problems with other subsystems within the Bradley Fighting Vehicle upon installation. It is not cost effective for the Government to consider competition of this spares requirement because of the lack of funding for developing competitive technical data (TDP), the length of time to qualify new technical data, and the absence of any future cost savings due to low purchase quantities.

7. Actions to Increase Competition: To date the government has not purchased the data from GDMS-C regarding the present proprietary design by which competition of this item may be accomplished. At this time, funding to purchase or develop competitive data is not available.

It is estimated that to develop a competitive TDP would take 12 months and $1,000,000 to reverse engineer this item after which it would then take an additional $2,000,000 and 24 months in order to qualify a new vendor.

8. Market Research: conducted an internet search on 1 May 2019 for the words Data Entry Touchscreen and Bradley Vehicle. This search did not yield any information about new production sources for this item. There are no other commercial or non developmental items available to meet the U.S. Government's needs or that could be modified to meet the Government's needs that interfaces and functions with the hardware (Tactical Displays, GDMS-C P/Ns 305987-701 and 360558-901) and software in the A3, A3 BFIST, M7-SA BFIST & ODS-SA configured BFVS.

Sources Sought Notice 2019-356 was posted in Fed Biz Opps on 11 April 2019 Component: Touchscreen, Data Entry

NSN: 7025-20-002-0039

Part Number: 918717-001 End Item: Bradley Fighting Vehicle (A3, A3 BFIST, M7-SA BFIST & ODS-SA)

Sources Sought Notice 2019-356.pdf

9. Interested Sources: To date, no other sources have been identified. Interested sources should contact the Source Approval Program with the Competition Advocate’s Office.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history: Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

Contract: SPRDL116P0179 Award Date: 04/06/2016 Contractor: Canadian Commercial Value: $ 143,195.92 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL115P0293 Award Date: 08/04/2015 Contractor: Canadian Commercial Value: $ 143,956.35 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL112C0162 Award Date: 09/25/2012 Contractor: Canadian Commercial Value: $ 143,956.35 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

b. Acquisition data availability: To date the government has not purchased the data from GDMS-C regarding the present proprietary design by which competition of this item may be accomplished. At this time funding to purchase or develop competitive data is not available. It is estimated that to develop competitive tech data that it would take 12 months and $1,000,000 to reverse engineer this item after which it would then take an additional $2,000,000 and 24 months in order to qualify a new vendor.

c. Unusual and compelling: N/A

11. Technical Certification: Include the following statement:

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: _1 May 2019_____________________ Title: Medium Caliber Systems Branch Chief Signature: _____

12. Requirements Certification: Include the following statement:

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: 5/2/2019

Approver:

Typed Name:

Date: 2 May 2019 Title: Director, Fires and Infantry Support PSID Signature:

13. Fair and Reasonable Cost Determination: Information other than cost and pricing data:

DLAD 15.403-1(c)(4)(C)(S-90) states that the integrity of prices offered by the Government of Canada (CCC) can normally be assumed fair and reasonable. Although, DoD has waived the requirement for submission of cost or pricing data for CCC and its subcontractors (DFARS 215.403-1(c)(4)(C)), this does not; however, preclude the submission of information other than cost or pricing data.

Typed Name: Robert T. Harris M.S. Date: May 23, 2019 Title: Contracting Officer Signature:

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: Robert T. Harris M.S. Date: May 23, 2019

Title: Contracting Officer Signature:

15. Legal Concurrence:

Typed Name:

Date: 5/23/19 Title: Legal Advisor Signature: //

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: Touchscreen, Data Entry

b. MINIMUM QUANTITY: 18 each MAXIMUM QUANTITY: 393 each

c. NSN: 7025-20-002-0039

d. MPN: 918717-001 (CAGE: 05257)

e. VEHICLE SYSTEM: Bradley Fighting Vehicle System

(BFVS)

f. ESTIMATED UNIT PRICE:

g. ESTIMATED MINIMUM VALUE:

ESTIMATED MAXIMUM VALUE:

h. PRON NUMBER: EH81L297EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

k. AMC/AMSC: 3R

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.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.05.24 11:58:08 -04'00'