RedactedACC13R0028.pdf

CMO Control#: 2013-033 JSGPM M50/M51 Voice Projection Units (VPU)

Est. Dollar Value: $22.5 M

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of Action: The proposed action will result in a new four-year, Firm Fixed Price Indefinite Quantity Indefinite Delivery (IDIQ) contract with Avon Protection Systems, Incorporated (Avon), 503 8th Street, Cadillac, Michigan 49601-9282 (CAGE:

1LEW5). The award will be on a sole-source basis and is projected for the 1st Quarter of FY13 using Army Working Capital Funds (AWCF). An acquisition plan is not required because the value of this procurement does not meet the dollar threshold.

3. Description of Supplies/Services: The proposed contract is for the procurement of Voice Projection Units (VPUs) which consist of the Amplifier, Audio Frequency, NSN:

4240-01-528-9294, and Adapter, Amplifier Audio, NSN: 4240-01-543-0981. These two items are components of the M50/M51, Joint Services General Purpose Mask (JSGPM). The components are listed below with minimum guaranteed quantities and maximum allowable quantities for a four year period. The total estimated dollar value is $22,500,087.93.

a. Amplifier, Audio Frequency, NSN: 4240-01-528-9294, Part Number: 71009/2.

The guaranteed minimum quantity is 7,377 at $88.93 each valued at $656,036.61, and the maximum contract quantity is for 181,449 each with an estimated dollar value of $16,136,259.57.

b. Adapter, Audio Frequency, NSN: 4240-01-543-0981, Part Number: 71009/6.

The guaranteed minimum quantity is 8,499 at $37.56 each valued at $319,222.44, and the maximum contract quantity is for 169,431 each with an estimated dollar value of $6,363,828.36.

4. Authority Cited: 10 U.S.C. 2304(c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, as implemented by FAR 6.302-1. The FAR states “When the supplies or services required by the agency are available from only one responsible source… and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

(See FAR 6.302-1(a)(2)(ii))

5. Reason for Authority Cited: As authorized by FAR 6.302-1, procurement by other than full and open competition is necessary because the Government lacks the technical data needed for a competitive procurement of the Amplifier, Audio Frequency and Adapter, Audio Frequency components of the M50/M51 JSGPM.

Contract DAAD13-00-C-0021 for the development of the M50/M51 JSGPM was awarded competitively to Avon in March 2000. The contract did not purchase or require

Contract: DAAD13-00-C-0021 Contractor: Avon Protection Systems, Inc.

Awarded: April 2000 Competitive Status: Competed

Sustainment Contract – Contract: W911SR-05-D-0011 Contractor: Avon Protections Systems, Inc.

Awarded: July 2005 Competitive Status: Sole Source

b. Acquisition data availability: Avon owns the drawings for the mask and spare parts; they are proprietary and Avon has indicated it is not interested in selling its technical data.

c. Unusual and compelling urgency: N/A.

d. Subcontracting competition: Avon will be required to submit a Small Business Subcontracting Plan. FAR 52.219-9, “Small Business Subcontracting Plan (JAN 2011), Alternate II (Oct 2001),” will be included in the contract.

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.

Name: Nannette M. Ramsey Date: 10/16/12

Title: ECBC Assoc Dir of Engineering Signature: /s/ (see email chain in PCF)

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.

Name: Kent E. Schmitz Date: 10/16/2012

Title: Director, Chem/Bio PSID, TACOM Signature: //s//Kent E. Schmitz (see email chain in PCF)

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. The contractor’s proposal will be reviewed using both cost/price analysis and DCAA audit recommendations to discern whether the costs proposed are current and justifiable.

The final agreement will give full consideration to all contractual requirements to support the determination of fair and reasonable price for this effort. Certified cost or pricing data is required.

Name: Dorothy Y. Riese Date: 07 November 2012

Title: Contracting Officer Signature: //s// Dorothy Y. Riese

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

Name: Dorothy Y. Riese Date: 07 November 2012

Title: Contracting Officer Signature: //s// Dorothy Y. Riese

Approval

Based on the foregoing justification, I hereby approve the procurement of Amplifier, Audio Frequency, NSN: 4240-01-528-9294 and Adapter, Audio Frequency, NSN: 4240- 01-543-0981 for spare parts to the Joint Service General Service Mask (JSGPM) at a total estimated value of $22,500,087.93, on an other than full and open competition basis pursuant to Delegation of Authority 10-04, the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(ii) and subject to the availability of funds, provided that the services and property described herein have otherwise been authorized for acquisition.

DATE: _6 Dec 2012_________ SIGNATURE ___________________________

HARRY P. HALLOCK

Principal Assistant Responsible for Contracting