RedactedACC13C0240.pdf

Program/Item: Test Set, Interface (Kiowa Helicopter)

Est. Dollar Value: $518,520

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Army Contracting Command-Warren (ACC-

WRN)

2. Description of Action: ACC-WRN intends to award a firm-fixed price contract, at an estimated value of $518,520, to

INTERTEK LABORATORIES, Inc. (INTERTEK). AWCF funds will be used. PRON M111V115M1 will be used with an estimated unit price of $6,913.60 for 75 units acquired.

3. Description of Supplies/Services: Current requirements are for 75 each Test Set, Interface, NSN: 6625-01-590-8565, part no.

7310010.

4. Authority Cited: 10 USC 2304(c)(1), as implemented by FAR

6.302-1, Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: INTERTEK is the original equipment manufacturer (OEM) and the Government does not own the

Technical Data Package (TDP) for this item. The test set was specifically designed by INTERTEK, at private expense, to check for

In addition, INTERTEK is the OEM for the fuse itself. As a result, INTERTEK’s Test Set is constructed of design, configuration and exacting interface requirements that only their item satisfies.

The time and cost to reverse engineer is estimated over 2 years and $525,000. The design would also have to go through product verification testing, at a cost of approximately $150,000. The cost for reverse engineering and product verification testing make this a prohibitive option. Based on the relatively few number of test sets for this requirement, the reverse engineering and test costs are not expected to be recouped through competition.

6. Efforts to Obtain Competition: This procurement action will be synopsized in FedBizOpps per FAR 5.201 to alert interested contractors and subcontractors.

7. Actions to Increase Competition: The Government does not own or intend to purchase the TDP. As noted above, costs of reverse engineering and testing are not expected to be recouped through competition.

8. Market Research: The Government conducted Market Research in April 2012. Based on internet research of search engines

ThomasNet and Yahoo, using terms such as “fuse test set”, “rocket test set” and “HYDRA-70 test set”, it is determined no other item currently exists that can satisfy the Government’s requirement. Market research also confirms the market for building and testing fuses for the HYDRA70 rocket is very small.

The previous supplier, BEI Inc., is no longer in business.

Market Research revealed one other contractor, Cantine Armament

Inc, that currently builds a rocket system test set. However, Cantine Armament’s test set has less capability than the

INTERTEK system, and does not meet the Government’s requirement because it could not troubleshoot .

INTERTEK is the only known supplier of fuses and the related

Test Set that properly diagnoses .

9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 will be published and any proposals received shall be considered.

10. Other Factors: Previous acquisition was Sole Source to

INTERTEK as a result of accepting an unsolicited proposal under

Contract Number W58RGZ-10-C-0093 for 75 items on 16-Apr-2010.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: Elias Pizano Date: 10 Apr 2012

Title: Acting Med Cal Branch Chief Signature: //signed//

12. Requirement Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: John M. Naughton Date: 13 April 2012

Title: Ldr, Acft Armt Gp Signature://signed//

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on price analysis in accordance with FAR

15.404-1(b)(1). Certified cost or pricing data will not be required pursuant to FAR 15.403-1(b)(1).

Name: Matthew R. Jewell Date: 20 April 2012

Title: Contracting Officer Signature: //MRJ//

14. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Matthew R. Jewell _____ Date: 20 April 2012

Title: Contracting Officer Signature: //MRJ//

APPROVAL OF JUSTIFIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing justification, I hereby approve the procurement of the Test Set, Interface (Kiowa Helicopter) with the current requirements of 75 each, NSN: 6625-01-590-8565, part

no. 7310010, at a total estimated value of $518,520.00, on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(1) as implemented by FAR 6.302-1 and TACOM HCA Delegation of Authority No. 10-04 dated 1 December

2010, subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition.

DATE: 04 May 2012 SIGNATURE: //MRJ//

Matthew R. Jewell

Contracting Officer