JA REDACTED SPRDL118R0335.pdf

J&A SPRDL1-18-R-0335

DEFENSE LOGISTCS AGENCY

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of Action: This request is for approval of a new firm fixed price contract for 379 each tactical displays, with a 100% option. Funding for this contract will be under Army Working Capital Funds (AWCF).

3. Description of Supplies/Services:

a. NOUN: Tactical Display

b. QUANTITY: 379 each

OPTION QTY: 379 each

c. NSN: 5999-01-568-6545

d. MPN: 12466033-4

e. VEHICLE SYSTEM: Bradley (BFVS) - MM

f. ESTIMATED UNIT PRICE:

g. ESTIMATED VALUE:

ESTIMATED OPTION VALUE:

ESTIMATED TOTAL VALUE:

h. PRON NUMBER: EH8E0444EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm-Fixed Price (FFP)

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

Acquisition Method Suffix Code (AMSC): R - The Government does not own the data or the rights to the data needed to purchase this part from additional sources.

4. Authority Cited: Per 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 supplies to be acquired in Paragraph 3 above are from prime contractor General Dynamics Canada (Tactical Display, U.S. Army P/N 12466033-4).

General Dynamics Canada (GDC) CAGE 05257 is the only source for this proprietary item. As a Canadian company, the procurement is made though the Canadian Commercial Corporation (CCC) CAGE 98247 and subcontracted to GDC.

This component is for the Bradley Fighting Vehicle, of which the systems Original Equipment Manufacturer (BAE), designated GDC as the source for this particular component. GDC is the designer of this circuit card assembly, and has designed and manufactured all of these items in existence and is the sole owner of all of the technical data for the cicuit card. Therefore, the Government does not have any additional information at this time that can be used to compete this requirement, and there is no process underway, or funding by which competition can be technically supported in a responsible time frame.

It is estimated that to obtain competitive technical data that it would take an additional year and $500,000 after which a breakout contractor would need a 12 months and $1,000,000 to qualify, and an additional 12 months for production. It should be noted that during this process, there is no guarantee that a breakout contractor’s process would successfully yield suitable production items, or that the follow-on production would meet any deadlines. Additionally, qualification of another contractor would not recover the various costs incurred in the processes of competition given the small quanitties being produced. At this time there are no alternative responsible contractors for this item.

6. Efforts to Obtain Competition: As addressed above, GDC owns all technical data rights for this component. Reverse Engineering is the only recourse the USG could entertain. No efforts to obtain competition for this acquisition will be taken for the reasons stated above.

Complete Level III TDPs, suitable for competition, are not available for purchase. Further, there is no funding to qualify a new vendor.

There are no vendors currently in the process of being qualified. There are no current or planned efforts to qualify any additional sources for the reasons listed above, including the fact that there is no funding for this effort. The USG would not be able to conduct reverse engineering efforts at this time. Although this procurement will be restricted to the above source, every effort will be made to obtain potential sources by synopsis and posting to the FedBizOpps website. Interested sources can obtain approval via the Source Approval Program with the TACOM Competition Management Office (CMO).

7. Actions to Increase Competition: As indicated in paragraph 5 above, the Government does not have a means of obtaining adequate information in a responsible time frame, and it should also be noted that funding for such an effort is not presently available. Additionally if funding were to become available it would take an additional 12 months and $500,000 for a competitive TDP to be developed, and another 24 months and $1,000,000 to qualify and obtain spares from a breakout vendor. It should be noted that no cost savings would be realized as the fielded quantities are very small.

8. Market Research: Market Research was conducted by the U.S. Army Futures Command, CCDC Armaments Center at Rock Island on 03/20/2019, utilizing computer based market research for this commodity did not yield any information about new production sources for Tactical Display, P/N 12466033-4. Even if additional tactical displays were identified, none but the GDC display have been tested or shown to work properly with this military system.

Any new souce would be referred to the Source Approval Program though the competition advocate’s office for information on becoming a new source of supply.

A sources sought synopsis for this item was posted to FED BIZ OPPS on 03/20/2019, via Sources Sought Notice 2019-294. To date, no other sources of supply have expressed an interest in reponse.

9. Interested Sources: To date no other known source has expressed interest in writing regarding the manufacture of this item. Interested contractors should contact the Source Approval Program though the Competition Advocate’s Office to become qualified for future procurements.

10. Other Facts:

a. Procurement history: Contract SPRDL1-12-C-0131 was awarded on 06/19/2012 for NSN 5999-01-568-6545 to Canadian Commercial Corporation, CAGE 98247, on behalf of General Dynamics Canada LTD CAGE 05257. NSN 5999-01-568-6545 is sole sourced to CAGE 05257.

(1) Contract numbers and dates of the last several awards: SPRDL1-12-C-0131 dated 06/19/2012 is the only award on record.

(2) Competitive status of these actions: The past award was not competitive and the past J&A is attached.

(3) Authority previously used for less than full and open competition: FAR 6.302-1 (a)(1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: The previously prepared justification is included as an attachment.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances: The prior awardee was not accomplished by full and open competition.

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys: No unusual patterns were noticed by the current buyer of record.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes: The technical data for the top level assembly, the Bradley Fighting Vehicle, is

Sources Sought Notice 2019-294.pdf proprietary to BAE Systems & Armaments DBA Ground Systems Division. Per BAE Systems production contract, General Dynamics Land Systems, Canada is the OEM for the tactical display unit NSN 5999015686545, tactical display unit, and is the only source with the technical and engineering knowledge, production facility expertise, internal configuration control, and quality testing processes necessary to manufacture and supply this part. No additional sources have been qualified in addition to GDC since the approval of the original J&A.

c. Unusual and compelling urgency: N/A

d. Subcontracting competition: In single source situations, address efforts to be taken by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting. In accordance with FAR 19.702(a)(1), the Government will require the prime contractor to submit a subcontracting plan unless an exception applies in accordance with FAR 19.702(b), however, the sole source of supply for NSN 5999015686545 is a Canadian company and FAR 19.702(b)(3) will apply and a subcontracting plan may not be required if the contract performance will be outside the United States.

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: Date: _21March 2019_____ Title: Acting Chief, Configuration Management Division :

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.

Item Manager:

Date: 3/22/2019

Approver:

Typed Name:

Date: 3/25/2019 Title: Director, GCS R&S Directorate Signature: //S//

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. Proposal evaluations will be conducted in accordance with FAR 15.404-1.

The sole source is a Canadian contractor and DFARS 225.870 Contracting with Canadian contractors will apply. Individual contracts will be awarded to the Canadian Commercial Corporation (CCC) using the guidance provided in DFARS 225.870-4, Contract Procedures.

Per DFARS 225.870-4(c) (1) and DFARS 215.403-1(c)(4)(C) submission of certified cost or pricing data is waived by the DoD for CCC and its subcontractors. Thus, this data will not be required. However, DFARS 225.870-4(c)(2) allows for submission of other than certified cost or pricing data in accordance with FAR 15.403-3(a)(1)(ii). If other than certified cost or pricing data is needed for determination of the price as fair and reasonable, approval will be sought (DFARS 225.870-4(c)(2)(i)) and this data requested from CCC who will submit on behalf of the Canadian contractor. The Canadian Commercial Corporation guarantees contract performance and certifies price though its endorsement, which is expected to be the case for this procurement.

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

Typed Name: Eric E. Tucker Date: 4/15/2019 Title: Contracting Officer

Signature: //EET//

14. Legal Concurrence:

Concur: //

Date: 04/26/2019

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: Tactical Display

b. NSN: 5999-01-568-6545

c. Basic Quantity: 379 each

d. Basic Estimated Value:

e. Option Percent: 100%

f. Quantity with Option: 658 each

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.

MARK A. BROWN, SES

Acquisition Executive

BROWN.MA

RK.ALBERT.

1041175032

Digitally signed by

BROWN.MARK.ALBE

RT.1041175032

Date: 2019.05.31 12:53:49 -04'00'