JAamendedredactedrev2.pdf

SOURCE SELECTION INFORMATION – SEE FAR 3.104

LIMITED SOURCES JUSTIFICATION AND APPROVAL

Talon Forward Looking Infrared (FLIR)

1. Contracting Agency: The contracting agency for this effort is the Army Contracting Command-Redstone, (ACC-RSA), CCAM-BHC, Redstone Arsenal, Alabama 35898-5000.

2. Description of Action: This proposed action is for the procurement of Talon FLIR Systems in support of requirements for the Utility Helicopters Project Office.

A new firm-fixed price order with options through General Services Administration (GSA) Federal Supply Services, Authorized Federal Supply Schedule Price List for Communications Equipment and Thermal Imaging Systems, Contract GS-03F-5051C, dated 20 January 2011, is anticipated. The GSA Federal Supply Schedule was awarded utilizing Federal Acquisition Regulation (FAR) requirements. GSA has determined prices under Schedule contracts to be fair and reasonable. It would not be advantageous for ACC-RSA to negotiate a new contract and there is no expectation that any cost savings will be realized. The ordering period will cover 32 months from the contractual date of award. It is anticipated that Aircraft Procurement Army (APA), other Department of Defense funds, and other Government agency funds may be utilized for acquisition of the FLIR. APA funds are available for the initial order for the minimum quantity of 66 Talon FLIR systems. The maximum quantity to be bought under this order and option periods is 281.

3. Description of Supplies/Services:

a. The ACC-RSA proposes to acquire, utilizing an acquisition method other than full and open competition, Talon FLIR Systems, Part Number (PN) 26279-

200. The proposed contractor for this effort is FLIR Systems Inc, 25 Esquire Rd, North Billerica, MA 01862, CAGE Code 3UVR3. The Talon FLIR is a replacement for the STAR SAFIRE II FLIR currently operating on aircraft in the US Army BLACK HAWK fleet. The STAR SAFIRE II is nearing end of production due to obsolescence issues with parts in the design. To continue fielding the FLIR systems to meet the full Army acquisition objective, the Talon FLIR must be purchased. These FLIRs will be used to support Operation Enduring Freedom, the HH-60M production line and other Army MEDEVAC Black Hawks.

b. The minimum quantity purchase purchased will be 66 each. The ordering period will cover 32 months from the contractual award date. The estimated quantities are below:

Ordering Period 1

Ordering Period 2

Ordering Period 3 Total

Estimated Qty 101 100 80 281

4. Authority Cited: Title III of the Federal Property and Administrative Services Act of 1949 (41 United States Code (U.S.C.) 251, et. Seq) and Title 40 U.S.C.

501, Services for Executive Agencies, as implemented by FAR 8.405-6; 10 U.S.C 2304(c)(1) and 41 U.S.C. 253(c)(1); as implemented by FAR 8.405-6.

5. Reason for Authority Cited:

a. The contractor’s unique characteristics are as follows:

FLIR Systems, Inc developed the Talon FLIR as a Non-Developmental Item (NDI) between years 2007 and 2009. The Talon FLIR replaces the STAR SAFIRE II FLIR that is currently fielded on the UH/HH-60A/L/M platform. The STAR SAFIRE II FLIR is obsolete and must be replaced in order to ensure readiness of the UH/HH-60 A/L/M aircraft throughout the world. The Talon FLIR is considered unique and highly specialized and is the only FLIR approved by the Army as a replacement for the UH/HH-60 A/L/M Aircraft. An Airworthiness Release (AWR) is being developed by Aviation Engineering Directorate (AED).

The Government does not have adequate data and lacks the rights to data needed to purchase this part from additional sources. FLIR Inc owns the technical data which contains proprietary information and this data is not available to any other source. As a result, this item should be bought directly from the actual manufacturer. Further development and qualification of additional sources would result in unacceptable delays in fulfilling Army requirements. The SAFIRE II is becoming obsolete and it is anticipated that the U.S. Army will field the last of the army stock in early CY 2013 to the MEDEVAC Fleet. Embarking on a second source qualification effort would add 36 months to our delivery schedule causing a gap of deliveries from early CY 2013 to May 2015. This gap will cause a delay in fielding of the FLIR equipment on the MEDEVAC fleet, which will impact their ability to complete their MEDEVAC mission.

6. Efforts to Obtain Competition: IAW FAR 5.201, the estimated date for the synopsis of this requirement in the Federal Business Opportunity (FedBizOpps) is on or before 31 May 2012. This requirement was added to the AMCOM Competition Advocate’s Shopping List (CASL) on 8 February 2012 and revised 22 May 2012. All proposals submitted will receive due consideration as required by law.

7. Actions to Increase Competition: No action will be taken at this time to promote future competition. The technical data that is required to competively procure the Talon FLIR is proprietary to FLIR Inc. The Government is unable to develop a competitive Technical Data Package (TDP) without the proprietary data. There are no plans to purchase this TDP due to substantial duplication of cost to the Government that is not realistically expected to be recovered through further competition. Further development and qualification of additional sources would result in unacceptable delays in fulfilling Army requirements. The SAFIRE II is becoming obsolete and it is anticipated that the U.S. Army will field the last of the army stock in early CY 2013 to the MEDEVAC Fleet. Embarking on a second source qualification effort would add 36 months to our delivery schedule causing a gap of deliveries from early CY 2013 to May 2015. This gap will cause a delay in fielding of the FLIR equipment on the MEDEVAC fleet, which will impact their ability to complete their MEDEVAC mission.

8. Market Research: Market Research has been performed IAW FAR Part 10 by placing this requirement into the AMCOM Competition Advocate’s Shopping List (CASL) on 8 February 2012 and revised on 20 Mar 2012. The conclusions reached for this acquisition are based upon the knowledge of UHPO personnel, Andrew Ksepka, APM Modifications, UHPO and Monica Southerland, Nonstandard Programs Manager for Modifications, UHPO who maintain cognizance of the current market condition. Contact with knowledgeable persons in Government and industry regarding the commercial nature of this requirement and standard industry practices was conducted in January 2012. From January 2011 to January 2012, surveillance of the market place included regular review of current technical literature such as Aviation Week and Technology, Rotor and Wing and Army Aviation Association America (AAAA) publications and participation in conferences such as the AAAA Symposium, Heli Expo, and BLACK HAWK Users Conference both with industry and other Government technical agencies. FAR Part 12 will not be utilized.

9. Interested sources: Any source expressing an interest in this requirement will receive due consideration as required by law. To date no other sources have written to express an interest. The notices required by FAR 5.201 shall be published as indicated in paragraph 6 above.

10. Other Factors:

a. Procurement History – Part Number 26279-200

Contract Number: W58RGZ-09-D-0130 Delivery Order 149 Date of Award: 30 December 11 Contractor: Science and Engineering Services, Inc.

Quantities: 1 Talon FLIR Systems purchased as part of the UH-60A/L Talon FLIR Integration program

Competitive Status: Other than Full and Open Competition, Logistics Support Facility Contract Authority Cited: Title III of the Federal Property and Administrative Services Act, Title 40 USC 501, services for Executive Agencies; 10 USC Code 2304(c)(1) and 41 USC 253(c)(1)

b. For this requirement, the complete system, Part Number 26279-200 is being procured. FLIR Systems is the actual manufacturer and the only source for the full-up Talon FLIR System.

c. Acquisition Data Availability: The Government does not own the technical data necessary to compete this item, there are no plans or funding to procure the TDP. The technical data that is required is proprietary to FLIR Inc. The Government is procuring the Talon FLIR as an NDI that meets the Government’s requirements and performance specifications. Requirements for these items are received sporadically and there is no avenue to determine a predictable schedule for requirements. FLIR Inc owns 100% of the TDP.

d. Subcontracting Competition - The contractor will be instructed to assure maximum subcontracting competition in accordance with FAR 52.219-8, with FAR 52.219-8, Utilization of Small Business Concerns, and FAR 52.244-5, Competition in Subcontracting, in the execution of this acquisition.

e. There are no unusual patterns revealed through the procurement history.

f. Dates of first knowledge of this procurement: January 2012

g. This amended J&A is required to revise the Authority to reflect the use of

Title III of the Federal Property and Administrative Services Act of 1949 (41 United States Code (U.S.C.) 251, et. Seq) and Title 40 U.S.C. 501, Services for Executive Agencies, as implemented by FAR 8.405-6; 10 U.S.C 2304(c)(1) and 41 U.S.C. 253(c)(1); as implemented by FAR 8.405-6. This office was advised that the items being procured under this effort are on GSA schedule GS-03F- 5051C, dated 20 January 2011. It will be in the best interest of the Government to award this effort as an order with options under the existing GSA schedule.

The maximum quantity is being increased from 218 to 281. The anticipated date for completion of the AWR has been updated to January 2013 in paragraph 5.b.

11. Technical/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.

NAME: Thomas H. Todd __ SIGNATURE: ___________________

TITLE: _Colonel, US Army_______ DATE: ______________________ _

Project Manager, Utility Helicopter

12. Fair and Reasonable Costs Determination: I hereby determine that the anticipated cost for this contract will be fair and reasonable. The determination is based upon the use of techniques such as cost analysis, fact-finding, audit, comparison with other historical data from prior procurements and/or similar requirements. Certified Cost and Pricing data will be obtained IAW FAR 15.403- 1(b)(3), or other than certified Cost and Pricing data as necessary to make the required determination will be obtained.

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

NAME: _LeChara Fletcher__ SIGNATURE: _______________

TITLE: _Contracting Officer_ DATE: _______________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of a minimum of 66 each Talon FLIR Systems, PN 26279-200 The contract contemplated under this action will be a new FFP IDIQ contract which covers a 36 month period as described in paragraph 3 of this Justification and Approval, on an other than full and open competition basis to FLIR Systems, Inc., 25 Esquire Rd, North Billerica, MA 01862, CAGE Code 3UVR3, pursuant to the statutory authority of 10 U.S.C. 2304(c)(1), as implemented by paragraph 6.302- 1 of the FAR, Only One Responsible source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to the availability of funds and provided that the services and property described herein have otherwise been authorized for acquisition.

Date:______________________ _______________________

MARY C. DICKENS

Principle Assistant Responsible for

Contracting