Redacted_JA_DSESTS_2nd_Bridge_2016-091.pdf

CMO Control Number: 2016-091

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command–Warren (ACC-WRN) Michigan 48397-5000 is the contracting activity for this action.

2. Description of Action: ACC-WRN proposes to award a modification to contract W56HZV-12-C-0199 with DRS Network & Imaging Systems, LLC (DRS-NIS), Huntsville, Alabama, for services necessary to support the Abrams, M1A2 System Enhancement Program (SEP), Abrams M1A1 Situational Awareness (SA) and Bradley Fighting Vehicles under the Ground Combat Services Program Executive Office for the Abrams and Bradley platform for the United States Army, and the United States Marine Corps and Foreign Military Sales (FMS) customers. This will be a Cost-Plus-Fixed-Fee (CPFF) Term Contract modification managed under Level of Effort (LOE) work directives. Procurement Appropriations Army, Operations and Maintenance, Army, and FMS funding will be used. This contract modification award is projected for the 4th quarter of Fiscal Year 2016.

3. Description of Supplies/Services: The Contractor shall provide System Technical Support (STS) services, System Sustainment Technical Support (SSTS) services, and Post Production Software Support (PPSS) services for the Direct Support Electrical System Test Set (DSESTS), Embedded Diagnostics (ED), Software Loader/Verifier (SL/V), and Chassis Modernization Embedded Diagnostics (CM/ED). This contract action is for the purchase of 78,197 additional option hours for the 1,000 to 9000 series of CLINs currently incorporated into this contract (see table below). Additional CLINs for the Morocco Program Office will be added to this contract via CLINs 1010-1014.

The hours support DSESTS, ED, CM/ED software and hardware, and repair of CM/ED components necessary to support the Abrams, M1A2 SEP, Abrams M1A1 SA and Bradley Fighting Vehicles for the United States Army and the United States Marine Corps. The estimated dollar value of this action, as shown in the table below, is $11,673,132.95. The new estimated total contract value after this action is awarded is $87,472,145.05.

The support services provided by the Contractor consist of the following:

CLIN

Nomenclature

Estimate of Hours

Composite Labor Rate

Total Funding

1001-1007 Egypt CPFF LOE 2,210 $195.00 $ 430,950.00

DSESTS/ED Travel Cost No Fee (Eqypt)

$ 30,336.86

DSESTS V2/Abrams STS CPFF

LOE

28,148 $135.15

$ 3,804,202.20

DSESTS ODS Bradley A3 PPSS

CPFF LOE

8,835 $149.75

$ 1,323,041.25

M1A1 PPSS Abrams CPFF LOE 2,800 $139.27

$ 389,956.00

6011 DSESTS ODS SA SSTS 6,000 $135.19 $ 811,140.00

7000 DSESTS STS Support CPFF LOE 3,080 $160.51 $ 494,370.80

Task Length of Time Requirements Development, RFP, Source Selection Evaluation and Award 12 months Qualification of New Supplier (Prime Contractor) 7 months Development of Technical Drawings and Logistics Data 18 months

Validation / Verification of Technical Documents 6 months Manpower Ramp Up (full rate production) 12 months TOTAL 4.5 years

*NOTE: The time estimates outlined above and explained below are based on actual durations incurred and MBTS Logistics Division Subject Matter Expert experience with On and Off-board Diagnostics Equipment. It ignores the fact that the Government lacks a complete technical data package sufficient for competition of this effort (see paragraph 5b below).

(i) Requirements Development, Request for Proposal, Source Selection Evaluation (SSE) and Award (12 months): Based on an aggressive scope development timeline (2 months) and customary RFP development and issuance (90 days), proposal receipt (30-45 days), and SSE board (6 months) planning timelines.

(ii) Qualification of a New Prime Contractor (7 months): During the proposal evaluation phase of a new competition, the Government would perform a pre-award survey to assess whether the new contractor could meet contractual requirements (7 days), including manufacturing and software processes (4-6 months), qualification of the new contractor’s quality systems (International Standards Organization 9001:2008, Quality Management Systems) compliance (2 weeks), as well as contractor familiarization with Government Production Quality Deficiency Reports.

(iii) Technical Data and Logistics (18 months): Development and delivery of technical drawings and logistics data by a new contractor would require approximately 18 months including all performance requirements and drawings necessary to ensure software compatibility with the vehicle variant.

(iv) Validation and Verification (6 months): It would take approximately 6 months for a new contractor to learn the validation and verification process. Additionally, a new source would have to validate and verify its Technical Data Package and logistics documentation against the specific vehicle variant.

(v) Manpower (12 months): A new source would have to obtain security clearances, training on DSESTS, ED, CM/ED, SL/V programs, and training on Abrams and Bradley vehicles. Additional time would be needed to gain the expertise and experience with DSESTS, ED, CM/ED, troubleshooting, repair, configuration management, and production. There is no reason to believe that a new contractor would be able to establish the organizational relationships, assemble a pool of technical experts with sufficient experience and knowledge of the DSESTS, ED, and CM/ED for the customers listed in paragraph 3, and develop the processes necessary to accomplish the tasks listed above without duplicating DRS-NIS’ efforts to date. It is highly unlikely this amount of time would be recovered through competition.

c. The Government does not own a complete TDP suitable for full and open competition. Key component designs and manufacturing process are owned by DRS- NIS. In an email response from DRS-NIS to the Contract Specialist, dated 19 January 2016, the Contractor stated that they were “not interested in selling the intellectual property rights or data rights for the Abrams and Bradley platforms diagnostic equipment.”

6. Efforts to Obtain Competition:

a. Effective competition: There is no plan to obtain competition for this contractual action on the prime contractor level for the reasons stated above in paragraph 5.

b. Subcontracting competition: The Government will require DRS-NIS to submit a subcontracting plan IAW FAR 19.704 in order to achieve small business subcontracting opportunities. To ensure DRS-NIS competitively subcontracts to the maximum extent possible, this contract contains FAR Clause 52.244-5 titled Competition in Subcontracting.

7. Actions to Increase Competition: There are no anticipated actions to increase competition for subsequent procurements. The U.S. Government is currently in the process of replacing DSESTS with the Next Generation Automated Test Sets. It would not be cost effective for the Government to qualify a new vendor at this time.

8. Market Research: Pursuant to FAR 10.002(b)(2), a sources sought questionnaire was publicly posted to FedBizOpps on 29 Sep 2015 and closed on 14 Oct 2015. No responses were received. Throughout January 2016, The Procurement Analyst performed market research in the form of internet web searches to include: Google, Bing, HIS Haystack Gold and the review of other recent market research done on similar service requirements (DSESTS and ED support and repair). As of 25 January 2016, results from the market research produced no companies that were capable of immediately satisfying these requirements.

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

Notices required by FAR 5.201 shall be published and any proposals received shall be considered.

10. Other Facts:

a. Procurement History

(1) Contract: W56HZV-12-C-0199

Contractor: DRS-NIS Requirement: FMS M1 Abrams diagnostic requirements, SL/Vs, DSESTS etc.

Basic Award Date: 2012 APR 13 Total amount: $86,792,261.00 Competitive Status: Sole Source Authority: FAR 6.302-1

Contract: W52H09-06-G-0001 Contractor: DRS-NIS Requirement: Support United States Government and FMS M1 Abrams diagnostic requirements, SL/Vs, DSESTS etc.

Delivery Orders: 0004, 07, 08, 09, 13, 43, 82, and 98 Basic Award Date: 2006 JUN 08 Total amount: $84.5M Competitive Status: Sole Source Authority: FAR 6.302-1

Contract: W56HZV-11-C-0364 Contractor: DRS-NIS Requirement: Support CMED STS diagnostic requirements, SL/Vs, DSESTS etc.

Award Date: 2011 JUL 28 Total amount: $2.3M Competitive Status: Sole Source Authority: FAR 6.302-1

Contract: W56HZV-11-C-0167 Contractor: DRS-NIS Requirement: Armored Breacher Vehicle ED STS Abrams Award Date: 2011 FEB 22 Total amount: $1.5M Competitive Status: Sole Source Authority: FAR 6.302-1

Contract: W56HVZ-11-C-0219 Contractor: DRS-NIS Requirement: ED STS Abrams Award Date: 2011 MAR 25 Total amount: $198,783.44 Competitive Status: Sole Source Authority: FAR 6.302-1

Contract: W56HVZ-11-C-0383 Contractor: DRS-NIS Requirement: DSESTS Upgrades Award Date: 2011 SEP 16 Total amount: $8.7M Competitive Status: Sole Source Authority: FAR 6.302-1

(2) Competitive Status of the previous contracts was Sole Source.

(3) The Justification and Approvals for the previous procurements were based on 10 USC 2304(c)(1), “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements as authorized by FAR 6.302-1.”

(4) The previous Justification and Approval stated that the Contractor was not going to sell the rights to its software or hardware. The previous Justification and Approval also mentioned that it was cost prohibitive at that time to pursue the development of a TDP and it would result in “unacceptable delays in fulfilling the agency’s requirements.”

(5) No prior contract for this requirement was accomplished using full and open competition.

(6) No unusual patterns were revealed by the procurement history.

(7) The previous contracts were Sole Source contracts that were issued under the authority of FAR 6.302-1. There have been no significant changes to the need for this support contract.

11/12. 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.

CONSTANCE M. TUCKER Date: __7 April 2016___ Deputy Project Director, Main Battle Tank Systems Signature:

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 based on Cost Analysis. Certified Cost or Pricing Data will be required in accordance with FAR 15.403-4.

LISA BEHNKE: Date: __09 April 2016_____

Contracting Officer Signature:

//signed CMT//

//S//LB

14. Contracting Officer Certification:

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

LISA BEHNKE: Date: _09 April 2016_____

Contracting Officer Signature:

//S//LB