Redacted_-_Justification_and_Approval_Redacted.pdf

Control No: 16-12

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply: C-IED requests the purchase of 472 Percussion Actuated Non-Electric (PAN) Disrupter Kits for ANA, 200 PAN Disrupter Kits for ANP C-IED Branch, and 25 PAN Disrupter Kits for the ANA EOD Schools.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

USA,

Department of Army FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: RCC – Capital; 925th Contracting Battalion

2. Description of Action: C-IED Directorate requests a Firm Fixed Price contract with Ideal Blasting Supply, P.O. Box 15397, Asheville, NC, 28813-0397, phone: 828-274- 0144, fax: 828-274-0140, email: sales@idealblasting.com. The Government projects award for June 2016 and fiscal year 2016, NATO funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to FMS Case J8-P-LAC. This did not result from a contract since DLA purchased the PAN disrupters directly from Ideal Blasting Supply.

3. Description of Supplies: This purchase is for 472 K998EB Percussion Actuated Non-Electric (PAN) Disrupter Kits for ANA, 200 K998EB PAN Disrupter Kits for ANP C- IED Branch, and 25 K998EB PAN Disrupter Kits for ANA EOD Schools. Each disrupter kit contains the following components: barrel (ACME thread), electric breech with Acme Threads, seating tool, shell extractor, red laser sight & adapter, 50 red plastic plugs, 50 black plastic plugs, 16oz water bottle, SBS-T electric initiator, gun bore cleaning kit, iM2700 storm case with foam, disrupter manual CD (English), and post stand. The kit must be capable of initiating AA62 PAN Ultra Velocity Slug MK274-0 (12-gauge shotgun shell), AA66 PAN Commercial Black Powder Blank MK278-0 (12-gauge shotgun shell), and commercial 12-gauge shotgun shell.

The anticipated award is end of May and delivery is 30 days after contract award.

4. Authority Cited: 10 U.S.C. 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: The K998EB PAN Disrupter Kits must be purchased through Ideal Blasting Supply due to existing PAN Disrupter Kits having been acquired from this source. If sole source justification is not supported, it could negatively impact mission needs because the new disrupter kits would not be able to be used interchangeably with the existing kits in the field. It would also require additional training for the end users, who might be unfamiliar with any disrupter kits that are not purchased from Ideal Blasting Supply. Ideal Blasting Supply is the only vendor authorized to sell this product.

(a) Identify the specific subparagraph of the authority cited and include the full text of the FAR for that subparagraph.

1) As described at FAR 6.302-1(a)(2)(ii), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Ideal Blasting Supply is the only vendor authorized to sell the K998EB

Disrupter Kit.

The K998EB Disrupter Kit can only be sold to EOD and Law Enforcement communities, requiring completion of an End User Certificate.

The product must be the Ideal Blasting Supply K998EB Disrupter Kit in order to ensure compatibility with existing disrupter kits being used in the field.

Additionally, the existing kits come with manufacturer warranties and lifetime warranties on the workmanship and material when approved ammunition is used. The new kits must be identical to the existing kits to ensure that the end user does not void the warranties when using parts interchangeably.

(b) Alternatives: There are no other vendors that are authorized to sell the K998EB Disrupter Kit.

(c) If the J&A is not approved and the disrupter kits are not purchased from Ideal Blasting Supply, the lives and safety of the end user could be placed in jeopardy. This could lead to mission failure as these new kits must be compatible with existing kits and end users must be familiar with the disrupter kits. Additionally, attempt to use kits other than the K998EB Disrupter Kits with the existing kits could potentially void the manufacturer warranty and lead to additional costs in the future.

6. Efforts to Obtain Competition: Because this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: Competition may occur in future acquisitions for new disrupter kits and for complete upgrades. However, any maintenance or repair of disrupter kits would have to be accomplished as a sole source to Ideal Blasting Supply so as not to void the manufacturer warranty.

8. Market Research: Market research was accomplished by the Requiring Office prior to the purchase of the existing K998EB Disrupter Kits and seven companies were identified. However, six of the seven companies were not able to provide a completely assembled kit and only sold certain parts of the kit. For example, certain kits would only include the barrel, shock tube initiator, and percussion actuator. The other parts would have had to be purchased separately. It was determined that Ideal Blasting Supply was the only vendor that could provide a complete disrupter kit with all necessary components required to meet mission needs.

For the purchase of additional K998EB Disrupter Kits, market research revealed that Ideal Blasting Supply is the only vendor that is authorized to sell these kits and that each kits comes with a manufacturer warranty.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information

(PGI) 206.302-1(d), a sources sought was posted to Federal Business Opportunities on 04 May 2016 for 6 days and the results of the sources sought are posted below:

Sources Sought Responses Company Response

The Sources Sought substantiated the Requiring Office’s claim that Ideal Supply was the only vendor capable of providing this model of Disruptor Kits. The K998EB Disruptor Kit can only be sold to EOD and Law Enforcement Communities and, therefore, it is determined that this requirement CANNOT be met by commercial items, commercial items with modifications or non-developmental items.

9. Interested Sources: There are interested parties to compete in future acquisition of Disruptor Kits, but to date, no sources other than Ideal Supply have the capability to provide the K998EB Disruptor Kit.

10. Other Facts:

a. Procurement History

FMS Case: J8-P-LAC Contractor: Ideal Blasting Supply Competitive Status: Sole Source

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.

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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost analysis price Analysis should cost X IGCE audit: X other: Past Procurement History

As a part of this basis, certified cost or pricing data:

X will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

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

Approval

Based on the foregoing justification, I hereby approve the procurement of Disruptor Kits on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Signature: