RedactedACC1789.pdf

CMO Control No#:13-125

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Army Contracting Command - Warren (ACC-WRN) is the procuring activity for this action.

2. Description of Action: The Program Management Office for Sets Kits Outfits and Tools (PM SKOT) has a requirement for Urban Operations Platoon Sets (UOpPS). The procurement will be competed as a Small Business Set Aside. This J&A is for the authority to use Brand Name Description for a portion of this acquisition. The UOpPS contains a total of 63 components; 47 components will be described as “Brand Name” in accordance with (IAW) FAR 6.302-1(c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements-Application for Brand Name Descriptions”. The remaining 16 components are new to the kit, therefore will be described as “Brand Name or Equal” IAW FAR 11.104 and FAR Provision 52.211-6 “Brand Name or Equal”, and therefore do not require justifications and approvals.

The solicitation will result in a firm fixed price, three-year requirements contract with an estimated total quantity of 265 UOpPS. The anticipated award date is projected for FY14/second quarter and Army Procurement Appropriation FY14 funding is anticipated for the initial order.

3. Description of Supplies/Services: The UOpPS contains 63 components which are placed in chests. The UOpPS consist of high technology equipment, which provides military personnel with enhanced capabilities to perform missions on complex or urbanized terrain. The components include explosives detectors, chemical gas detector, and various other rescue and hand tools. Table 1 below identifies the complete listing of the 47 components that are being described as brand-name components. The total estimated dollar value for the 47 brand name components over the life of the contract is $35,122,055.

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 Federal Acquisition Regulation (FAR) 6.302-1(c)(1), “Only One Responsible Source and no other supplies or services will satisfy agency requirements - Application for brand name descriptions.”

5. Reason for Authority Cited: The use of such brand name descriptions in this acquisition are essential to the Government’s requirements, thereby precluding consideration of products manufactured by other companies.

The required brand-name-only components listed in Table 1 are being fielded to

National Guard (NG) and Active Component (AC) units in the Army. The Technical Manual (TM), New Equipment Training materials, and the Supply Catalog (SC) / Hand Receipt are based on these specific brand name components. The brand-name-only components are essential to this effort to ensure continued standardization of equipment in the field. The contract resulting from this effort will provide the means necessary to continue fielding the UOpPS. There are two main factors which further justify the need to procure the brand name items listed in Table 1. The two factors are

(1) the ability to maintain continuity and standardization between the fielded and new sets and (2) avoiding substantial costs and logistical support associated with introducing additional new equipment into the UOpPS. Procuring items other than those listed in Table 1 will cause the following major disruptions in the fielding and training of the UOpPS: obtaining new safety certifications, testing of the new equipment, the creation of a new TM and SC, and the adjusting of all training/fielding documentation concerning the new equipment.

The cost impacts to the Urban Ops Program by not utilizing the brand-name-only items are outlined below.

COST GROWTH TO THE UOpPS PROGRAM Supply Catalog: A new SC requires data review, technical description creation and formatting, digital image formatting, and data entry for all 63 components (and their subcomponents) into the Set, Kit, and Outfit (SKO) section of the Logistics Information Warehouse. The new supply catalog would be assembled by a General Schedule (GS) 12 Logistics Management Specialist and would take approximately four to six months to complete. The estimated cost of this effort is $24,931 to $37,379, which was determined by multiplying the GS 12 annual salary of $74,794 by 1/3 and 1/2, respectively.

Technical Manual: A new TM would need to be created. Average cost per page: $750.

Number of pages: 488. Estimated cost of this effort: $366,000.

Training/Fielding Documentation: A new program of instruction, as well as Tool Guide/Hand Receipt, would need to be created for fielding/training purposes. This process takes approximately two months and is done by a GS 12 Logistics Management Specialist. Estimated cost of this effort: $12,466 (1/6 x GS 12 annual salary of $74,794).

Testing: A change in the components of the UOpPS would require the new tool load/components to be tested and safety certified by the Army Test and Evaluation Command. Estimated cost for this effort: $497,000.

Training: A change in the components of the UOpPS would require a retraining (training the trainer) of Government New Equipment Training (NET) personnel by the respective manufacturers of the new components. This effort is estimated to cost $40,000, according to the previous contract price paid in 2010.

Development Costs (salary): A change in the components of the UOpPS would require all personnel associated with the UOpPS program to participate in activities and the creation of documents associated with component testing, provisioning, the logistics demonstration and the verification of the new technical manuals. Estimated cost for this effort: $278,464.

Duplication of Cost to UOpPS Program: The total duplication of cost to the UOpPS program ($1,218,861) represents 3.5% of the estimated total cost of the 47 brand name items in the set over three years ($35,122,055). Award to a source other than the brand name source would result in substantial duplication of cost to the UOpPS program which is not likely to be recovered

Program Delay: Competitive acquisition of the components contained in the Urban Ops Platoon Set would result in an unacceptable delay to the program. The minimum program delay expected due to testing, training, re-creation of the supply catalog, technical manual and training/field documentation would be at least an additional one year. The lack of Urban Ops Platoon Sets past the required delivery date of March 2014 will impact force readiness and its ablility to actively support Coalition efforts in theater.

Total Duplication of Cost:

Supply Catalog: $24,931 Technical Manual: $366,000 Training/Fielding Documentation: $12,466 Testing: $497,000 Training: $40,000 Development Cost (salary): $278,464 Total Cost to UOpPS Program: $1,218,861

Table 1 lists the 47 brand name components essential to the Government’s requirements, thereby precluding consideration of products manufactured by other companies.

TABLE 1

ITEM# DESCRIPTION MFG PART NUMBER

3.16.1 BAG, DEPLOYMENT & STORAGE ESTEX 2180-R648-2ACU

3.16.2.1 BIT, DRILL MASONRY 1/4" GALAXY SDS2506

3.16.2.2 BIT, DRILL MASONRY 3/8" GALAXY SDS37510

3.16.2.3 BIT, DRILL MASONRY 1/2" GALAXY SDS50012

3.16.2.4 BIT, DRILL MASONRY 5/8" GALAXY SDS62512

3.16.2.5 BIT, DRILL MASONRY 3/4" GALAXY SDS75012

3.16.2.6 BIT, DRILL MASONRY 1" GALAXY SDS100010

3.16.2.7 BIT, CHISEL BULL PT. AJAX 5705-14

3.16.2.8 BIT, CHISEL FLAT AJAX 5701-14

3.16.2.9 BIT, CHISEL SCALING AJAX 5708-14

3.16.3 CONTAINER, FUEL, OIL, COMB. SCEPTER 05088

3.16.3.1 CARRIER, CONTAINER, FUEL OIL, COMB. ESTEX 1192-GS-ACU

3.16.5 DETECTOR, EXPLOSIVE/NARCOTIC ICX TECHNOLOGIES FIDO NXT

3.16.7.1 RAE Systems Detector, Multi-Gas, Hand-Held LEL/O2/H2S-

CO/CL 10.6V YELLOW BOOT

FEDERAL RESOURCES SUPPLY

CO.

RDC21560U-Y-1110-0-127-1G2C

3.16.7.2 RAE Systems Detector, Multi-Gas, Hand-Held

LEL/O2/NH3/NO2 10.6V BLACK BOOT

FEDERAL RESOURCES SUPPLY

CO.

RDC21560U-B-2220-0-1269-

1G3C

3.16.7.3 RAE Systems Detector, Multi-Gas, Hand-Held

LEL/O2/HCN/PH3 10.6V GREEN BOOT

FEDERAL RESOURCES SUPPLY

CO.

RDC21560U-G-3330-0-1289-

1G3C

3.16.7.4 RAE Systems Detector, Multi-Gas, Hand-Held

LEL/O2/NO/SO2 10.6V TAN BOOT

FEDERAL RESOURCES SUPPLY

CO.

RDC21560U-T-3330-0-1245-

1G3C

3.16.8 HAMMER, ROTARY SDS 36VT RECHARGEABLE DEWALT DC233KL

3.16.10 KIT, TOOL, RESCUE POWER HAWK PHT-UO3-P16

3.16.11.2 PULLEY, BLOCK POWER HAWK W10000PB

3.16.11.3 SHACKLE, ANCHOR POWER HAWK WM465

3.16.11.4 STRAP, NYLON POWER HAWK W2X6NS

3.16.11.5 BAG, ACCESSORY POWER HAWK WBAG-2

3.16.11.7 ANCHOR GROUND PULL PAL RW6000

3.16.11.8 BLOCK SNATCH PULLEY W/ SWIVEL HOOK APEX TOOL GROUP 7336624

3.16.11.9 CLAMP CABLE PULLING KLEIN 1604-20L

3.16.11.10 EXTENSION CABLE 1/4" DIA X 50'LG W/HOOK ASHLEY SLING SO1124648/125-10

3.16.12.1 FAN, VENTILATION FORCED AIR ELECTRIC POWER HAWK FAN8-12V

3.16.12.2 CANISTER DUCT, 25 FEET, 8” DIAMETER POWER HAWK FAN-7004CL

3.16.13 SAW, CONCRETE AND METAL HUSQVARNA K970 Ring

3.16.13.1 BLADE, CIRCULAR HUSQVARNA ELR20

3.16.13.2 BLADE, CIRCULAR HUSQVARNA ELR45

3.16.14 SAW, RECIPROCATING, CORDLESS DEWALT DC305K

3.16.14.1 BLADE, CARBIDE GRIT BOSCH RCB6G-2

3.16.14.2 BLADE CARBIDE GRIT DEWALT DW4844

3.16.14.3 BLADE, METAL, CUTTING 6" 5 PER PACK DEWALT DW4808

3.16.14.4 BLADE, METAL, CUTTING 12" 5 PER PACK DEWALT DW4838

3.16.14.5 BLADE WOOD 12" LG 5 PER PACK DEWALT DW4849

3.16.14.6 BLADE WOOD 6" LG 5 PER PACK DEWALT DW4847

3.16.15 TORCH KIT, CUTTING TACTICAL BROCO PC/TACMOD1

3.16.15.1 SHIELD FACE #5 SELLSTORM 39150

3.16.16 KIT, WELDING BROCO GOWELDUSMC

3.16.16.1 HELMET MQT INDUSTRIAL MW71004

3.16.16.2 HAMMER WELDING LENCO LHC-1

3.16.16.3 APRON WELDING GUARD LINE FS302

3.16.16.4 PLIERS STANLEY PROTO J226G

3.16.18 GLASSES, SAFETY SELLSTORM 73921

6. Efforts to Obtain Competition: This procurement action will be synopsized in FedBizOpps as required by FAR Subpart 5.2, to alert interested contractors and subcontractors of this procurement. A copy of the solicitation and any pertinent documents will be provided to any interested sources.

7. Actions to Increase Competition: Sixteen of the 63 components contained in the Urban Operations Platoon Sets will be described as Brand name or Equal, thus utilizing full and open competition IAW FAR 6.302-1(c)(2). The acquisition for the UOpPS will be competed as a Small Business Set Aside, but will require the 47components listed in table 1 to be brand-name-only.

8. Market Research: Market research was conducted via the internet, phone inquiries and symposiums. Research was performed on all components in the UOpPS to determine if equivalent components existed in the market place that could provide the means of maintaining interoperability between the current and new sets, and meet all component requirements called out in the Capabilities Production Document (CPD).

Research showed that no components, other than those listed in table 1, fully met all government requirements. The most recent market research was conducted by the lead engineer and the System Acquisition Manager for the Urban Operations Program in January 2013.

To utilize components other than those currently contained in the UPoPS set and authorized through the supply catalog would create serious, long term logistical and training issues as explained in paragraph 5. The particular products listed in Table 1 are essential to Government requirements, and market research indicates these other companies’ similar products do not meet Government needs of standardization. In addition, there would be substantial duplication of cost if the brand name items were not procured.

9. Interested Sources: There were various other sources interested in providing components for the Urban Operations Sets: General Electric, Smiths Detection, and Hurst. Market research cited above showed that the components from the alternate sources do not meet CPD requirements.

10. Other Factors:

a. Procurement History.

(1) The previous Urban Ops Platoon Contract was awarded on 13 January 2009 under contract W52H09-09-D-0079.

(2) It was awarded to Kipper Tool Company under full and open competition.

(3) To date, a total of 155 UOpPS have been procured and fielded to AC and NG Army units.

b. Acquisition data availability. The brand name descriptions included in the justification are commercial products, and therefore acquisition of technical data packages are cost prohibitive. While salient characteristics exist for “brand name or equal” descriptions, the reasons cited in section 5 preclude their use.

c. Unusual and compelling urgency. N/A

d. Subcontracting competition. To encourage competition at the subcontractor level, the contract will contain the following subcontracting clause: FAR 52.244-5, "Competition in Subcontracting”.

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.

Tuesday, 19 March, 2013

NANNETTE M. RAMSEY

Associate Director, Engineering, Edgewood Chemical Biological Center (ECBC)

DATE

12. Requirement 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.

Wednesday, 03 April, 2013

ROBERT E. FLETCHER

Colonel, IN Project Manager, Force Projection

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 a price analysis. In accordance with FAR 15.403-1(b)(3) when a Commercial Item is being purchased, certified cost or pricing data is not required.

//Signed sld// 14 Feb 2013

Sarah L. Davis Contracting Officer

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

//Signed sld// 14 Feb 2013

Sarah L. Davis Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the 47 brand-name-only components to be utilized in the Urban Ops Platoon Sets as listed in Table 1 at a total estimated value of $35,122,055 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(c)(1) and HCA Delegation of Authority 13-01, subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition.

Date:_10 May 13______ Signature:______________________

HARRY P. HALLOCK

Principal Assistant Responsible for Contracting