J AW31P4Q-11-C-0307.docx

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR THE TOW MISSILE WEAPON SYSTEM

1. Contracting Agency – U.S. Army Contracting Command-Redstone, Missile Logistics Directorate, CCAM-AL-L, Redstone Arsenal, AL 35898-5000.

2. Description of Action – Approval is requested for a new firm-fixed price contract for the procurement of TOW Missile System from Ridge Instruments, Decatur, AL (Vendor Code 7D457). Army Working Capital Funds (AWCF) will be utilized.

3. Description of Supplies/Services - AMCOM proposes to acquire the following item on an other than full and open competitive basis in support of the TOW missile system. Existing unique design capability, engineering skills and manufacturing knowledge by the qualified source require acquisition of the part from the approved source.

NOUN: BLANKET PROTECTIVE

NSN: 1450-01-298-7383

P/N: 13327601 Quantity: 250 each Total Estimated Price: $ 202,000.00

PRON: D11N5004D1

4. Authority Cited – The statutory authority permitting other than full and open competition is 10 United States Code (USC) 2304(c) (1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” For DOD supplies, this authority is extended to include, only one or a limited number of responsible sources.

5. Reasons for Authority Cited - The proposed acquisition requires use of the cited statutory authority because the supplies are available only from one responsible source. The approved manufacturer of this item is:

Ridge Instruments Company 4603 US Highway 31 South Decatur, AL 35603-5048 Cage Code: 7D457

Only Ridge Instruments, Inc. possesses the unique skills, production techniques, and quality control disciplines required for fulfilling the proposed contract requirement for equipment whose reliable operation is essential to the proper functioning of the TOW-2 Missile system. Required delivery anticipated is 250 each, 199 Days after Contract Award (DACA).

6. Efforts to Obtain Competition - The proposed acquisition was published 23 May 2011 in the Fed Biz Ops (FBO) pursuant to FAR 5.201 as a synopsis. The extent of effective competition anticipated is limited to the approved sources. Future procurements may identify new sources through publication in the FBO and the Competition Advocates Shopping List (CASL). To date, no responses have been received. Any sources identified through the FBO will receive due consideration as required by law.

7. Actions to Increase Competition – The plan for improving and enhancing the competitive status of this item includes publication in the FBO in accordance with FAR 5.201. Limited screening has been completed and engineering has concluded that the Government does not have adequate data and that competition cannot be improved at this time because of missing data. Based on the technical review, there is reasonable technical basis to conclude the item required by the agency is currently available only from the following source identified by their Contractor and Government Entity (Cage): CODE: 7D457. In addition, review and screening under the procedures of the DoD Spare Parts Breakout Program, Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 217.75 was conducted. The Acquisition Method Suffix Codes (AMSC) is coupled with Acquisition Method Codes (AMC) to form the Acquisition Method Reason Code. Breakout Engineering has assigned an AMRC of “3H” to this effort. Acquisition Method Code (AMC) “3” states, “Acquire for the second or subsequent time, directly from the actual manufacturer. Acquisition Method Suffix Code (AMSC) “H” states, “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.

8. Market Research - AMCOM conducted a technical and commerciality review (see attached Spares Market Research Report/Commerciality Determination) in accordance with FAR 10.001. This item has not been published in the CASL, a continuous program/method of market research because it was an unplanned requirement. This item was synopsized in FBO as stated in paragraph 6 above. It has been determined that the Government’s needs cannot be met by an item available in the commercial marketplace; therefore, FAR Part 12 will not be used.

9. Interested Sources - This item was submitted for publication in the FBO in accordance with FAR 5.201 as stated in Paragraph 6 above. Interested sources identified through synopsis will receive due consideration as required by law. Any potential sources, which request the solicitation, will receive RFPs and will be encouraged to submit Source Approval Request (SAR) packages. Procedures for submission of SARs are included in the web site identified in the FBO release. According to the Program Manager, there are no source approvals pending on this item.

10. Other Factors:

a. Procurement history is as follows:

DATE

TOTAL

QTY

TOTAL

COST

CONTR

ID

CONTRACTOR

NAME

AMRC

The three previous contracts were based on full and open competition. ECP D-2274-002 was incorporated thereby restricting this new requirement to a sole source. Another ECP is being prepared to change the tolerances for the various dimensions of the blanket.

b. A subcontracting plan is not required and cost and pricing data is not required.

c. Acquisition data availability: See Paragraph 7 above. This part is defined on a source control or specification control drawing.

11. Technical Certification - "I certify that the supporting data under my cognizance which are included in this justification are accurate and complete to the best of my knowledge and belief."

Name: Freddie R. Porter Date: 20 April 2011

Title: Technical Loop Representative Signature: see Tech J&C_

12. Requirements Certification - "I certify that the supporting data under my cognizance which are included in this justification are accurate and complete to the best of my knowledge and belief."

Name: _Edgar Richey___________ Date: 20 September 2010

Title: AWCF & Acq Mgmt Team_ Signature: See MFR_____

13. Fair and Reasonable Determination - I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on use of techniques, which will include negotiation and cost/price analysis. Certified cost and pricing data will not be required per FAR 403-4(a)(i).

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

Name: ______________________________________ Date: ______________ Laurie A. Hewitt, CONTRACTING OFFICER