ACC1908.pdf

CMO Control Number: 2014-097

DEPARTMENT OF THE ARMY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command – Warren (ACC-WRN).

2. Description of Action: The proposed contract action will authorize a firm fixed price modification to contract W56HZV-12-C-0190 with WFEL Limited (WFEL) of Stockport, United Kingdom. This modification will be to update the Dry Support Bridge (DSB) Technical Manuals, New Equipment Training and Logistics Data. Fiscal year 2013 Other Procurement funds will be used for this procurement.

3. Description of Supplies/Services: The DSB provides the United States Army with an enhanced Tactical Bridging gap crossing capability that replaces existing bridge systems currently in service with U.S. ground forces. The DSB system is a highly mobile, rapidly emplaced, modular bridging system that is mounted on a Palletized Load System truck and spans gaps up to 46 meters without the use of intermediate supports, piers, span junctions, or reinforcement sets. This action will update the DSB Technical Manuals (TMs), New Equipment Training (NET) and training materials, and provisioning data to incorporate all design and logistics changes that have occurred since the last Logistics Management Information (LMI) data revision including all Engineering Change Proposals, user comments and DA Form 2028. The TMs will be updated to maintain the current Four-Level Maintenance concept. This TM update action will incorporate newly established maintenance and operational procedures for the 46 meter DSB variant. The updated TM content will also be summarized in a quick-reference DSB Smart Book. The total estimated value for this effort is $2,000,000.

4. Authority Cited: The statutory authority permitting other than full and open competition for this action is 10 U.S.C. 2304 (c) (1) as implemented by FAR 6.302- 1(a)(2), “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.” Specifically, FAR 6.302-1(a)(2)(ii)(A) provides that supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- (A)Substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. Reason for Authority Cited: WFEL is the developer and manufacturer of the DSB system. Design data for the DSB is proprietary to WFEL, and WFEL has developed numerous engineering changes that have not been reflected in the TMs since the last update in 2010. The Government does not have technical data with adequate rights suitable to compete this action. WFEL is the only source with the knowledge and expertise to update the TMs, Logistics Data, and Training Materials to incorporate the changes to the maintenance and operational procedures for the DSB system. WFEL developed the DSB TMs under contract DAAE07-00-C-L032 and updated them under contracts W56HZV-05-C-0026 in 2005 and W56HZV-10-C-0399 in 2010. WFEL maintains the original master files of the TMs to include all figures, tables and drawings necessary to update LMI data and to develop the required quick-reference DSB Smart Book.

To competitively solicit the requirement would involve reverse engineering a DSB to obtain adequate knowledge of system functionality. There are no assets available from existing stock and taking one from a unit for this purpose would unacceptably reduce combat readiness. Therefore a new DSB would have to be procured for the reverse engineering effort. To procure one directly requires a production lead time of 16 months at a cost in excess of $5.5M based on the recent FY12 procurement of DSB systems.

Further, reverse engineering would take approximately two years at an estimated cost of $10M. This is based on the cost to tear down a complete DSB bridge and launcher to measure and scan every part of the system to recreate all the hydraulics and electrical schematics to create drawings which is then used to create the BOM, sub assemblies and full assemblies into CAD. Additionally, the re-creation of the actual TMs would be a duplication of effort at an additional cost estimated at $1.2M. This estimate is based on the requirement for three TMs with an estimated page count of 3,000 pages at $400 per page. In summary, the estimates listed result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

6. Efforts to Obtain Competition: This action will be synopsized in the Federal Business Opportunities (FedBizOpps) as required by FAR 5.201. Other offers submitted will be considered. However, for reasons stated in paragraph 5, effective competition is not anticipated for this acquisition. In response to a Government query, the contractor declined to sell rights to its technical data in a letter dated 10 June 2013.

7. Actions to Increase Competition: For the reasons cited in paragraph 5 the Government has no plans to increase competition beyond synopsizing the acquisition and encouraging subcontracting opportunities.

8. Market Research: A Request for Information questionnaire was posted on 06 Jun 2013 on the Federal Business Opportunities (FedBizOpps) and ACC-WRN Procurement Network web sites. Only WFEL responded. While other contractors are able to develop and prepare Technical Manuals and other materials to support Army systems, only WFEL has the complete knowledge of the present DSB configuration.

Additionally, no other contractor has the requisite proprietary information required to update the TMs, training materials or associated logistic data for the DSB.

9. Interested Sources: To date, no other sources have written to express an interest.

This action will be synopsized in the FedBizOpps web site in accordance with FAR

5.201 and any proposal received will be considered

10. Other Facts:

a. Procurement History: Procurement history for the technical documents being updated in this action is as follows:

i. Contract DAAE07-00-C-L032 was competitively awarded to WFEL in June 2000. WFEL developed and manufactured the DSB and related technical documents under this contract. The Government did not procure detailed technical data suitable for future competitive procurements of the DSB.

ii. A follow-on production contract W56HZV-05-C-0026 was awarded in Feb 2005 on a sole source basis in accordance with FAR 6.302-1(a)(2)(ii)(A), “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.” The reason for the authority cited was that WFEL is the developer and manufacturer and the only source with the knowledge and expertise on the DSB. At the time the J&A was approved there were no plans to take additional actions to increase competition beyond synopsizing and encouraging subcontracting opportunities.

iii. Contract W56HZV-09-D-0116 for the RESET of the DSB fleet was awarded on a sole source basis in accordance with FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services with Satisfy Agency Requirements.” The reason for the authority cited was that WFEL is the developer and manufacturer and the only known source possessing the requisite knowledge, facilities, tooling, and expertise to manufacture the required 11 additional DSBs within the required timeframe. At the time that J&A was approved there were no plans to take additional actions to increase competition beyond synopsizing and encouraging subcontracting opportunities.

iv. Contract W56HZV-10-C-0399 to update DSB technical manuals and provisioning data was awarded in Sep 2010 on a sole source basis in accordance with FAR 6.302-1(a)(2)(ii)(A), “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.”

WFEL is the developer and manufacturer of the DSB System and is the only source with the knowledge and expertise to perform efforts to update the DSB TMs, Logistics Data, Training Materials and Interactive Computer Based Training to incorporate the latest changes to the maintenance and operational procedures for the DSB system. There were no plans to take additional actions to increase competition beyond synopsizing and encouraging subcontracting opportunities.

v. Contract W56HZV-12-C-0190 for the production of DSBs was awarded on a sole source basis in accordance with FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.” The reason for the authority cited is because the Government did not acquire a TDP under the original competitive action therefore WFEL Limited is the only source with the knowledge and expertise to produce the DSB. Additionally, unacceptable delay was cited based on production lead time and fielding schedule. At the time the J&A was approved there were no plans to take additional actions to increase competition beyond synopsizing and encouraging subcontracting opportunities because the proposed procurement of the 12 additional DSBs represented a final buyout of the AAO quantity of 108 systems.

b. Acquisition Data Availability. The DSB was developed by and is manufactured by WFEL. The Government does not have technical data with adequate rights suitable for competitive procurement of the DSB or for development of technical documentation.

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition.: The contract will contain the following FAR clauses: FAR 52.219-8 “Utilization of Small Business Concerns,” 52.219-9 “Small Business Subcontracting Plan,” 52.219-16 “Liquidated Damages – Subcontracting Plan,” and DFARS 252.219-7003 “Small Business Subcontracting Plan (DoD Contracts)” for the promotion and utilization of subcontracting opportunities for Small Business, Small Disadvantaged Business and labor surplus area concerns.

11. Technical/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:

NAME: LTC Benny L. Shepard Sr.

TITLE: Product Manager Bridging

SIGNATURE:

Tuesday, 14 January, 2014

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contractor’s proposal will be reviewed using cost/price analysis based on the contractor’s submission of certified cost or pricing data and DCAA audit recommendations. All prices proposed by the contractor will be fully negotiated and the final agreement will consider all contractual requirements and will support a determination of a fair and reasonable price for this effort.

NAME: Suzanne Kay Doetsch TITLE: Procuring Contracting Officer

28 Mar 2014

13. Procuring Contracting Officer’s Certification:

I certify that this justification is accurate and compete to the best of my knowledge and belief:

NAME: Suzanne Kay Doetsch TITLE: Procuring Contracting Officer

28 Mar 2014

APPROVAL

Based on the foregoing justification, I hereby approve the modification to the existing contract, W56HZV-12-C-0190, to update Technical Manuals, Provide new Equipment training and training materials, and logistics data for the DSB on an other than full and open competition basis pursuant to the authority of 10 USC 2304 (c) (1), as implemented by FAR Part 6.302-1(a)(2)(ii)(A), at an estimated value of $2,000,000, subject to the availability of funds, and provided that the services and property herein have otherwise been authorized for acquisition.

DATE: __22 April 2014___ SIGNATURE:______________________

LA RUTH SHEPHERD

Competition Advocate