PCF_Signed_JandA.pdf

ANAD CONTROL NO: 15-0011

Department of the Army

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Army Contracting Command – Warren (ACC-WRN) (ANAD)

2. Description of Action: ACC-WRN (ANAD) proposes to award a sole-source procurement contract to Pearson Engineering Ltd. of New Castle, England to provide repair parts of all Pearson Engineering manufactured products utilized on the XM-1150 Assault Breacher Vehicle (ABV). These repair parts are critical to the support of the ABV vehicle product line. This procurement will be a firm fixed price (FFP) using Army Working Capital Funds.

3. Description of the Supply or Service: The contractor shall provide repair parts which will be used on the M-1150 Assault Breacher Vehicle. Any devices included in this contract which are necessary for loading software, performing functional test or performing diagnostic should operate on United States standard commercial voltage and will utilize standard 60 Hz frequency alternating current.

4. Authority Cited: The statutory authority permitting “Other than Full and Open Competition” is 10 U.S.C. 2304 (c) (1) as cited by FAR 6.302-1(a) (2) “Only one Responsible Source, and no other supplies or services will satisfy agency requirements.” Specifically, FAR 6.302-1(a) (2)(iii)(A)…services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. Reason for Authority Cited: Pearson Engineering Ltd., the Original Equipment Manufacturer (OEM) is a private owned business specializing in the design and manufacture of unique equipment. Pearson Engineering will not provide technical design or manufacturing data to the Government. Total estimated value of this action is $250,000. Option years will not be utilized.

6. Efforts to Obtain Competition: This requirement will be synopsized in FedBizOpps.

7. Actions to Increase Competition: Pearson Engineering Ltd. is a private owned company that designs and manufacturers their own equipment. This equipment is sold as assemblies such as a plow or lane marker assembly and as individual parts that comprise these assembles.

The functional test stands are used to sustain the assemblies by identifying individual components which need replacement. The Government continues to pursue avenues as required for cost effective sustainment of Government owned equipment. One such method is to develop Government owned technical data for components* and functional test. Currently this course of action is cost prohibitive.

* Government owned technical data and component designs are intended to meet or exceed the original equipment manufacturer design.

8. Market Research: Pearson Engineering Ltd. was selected by USMC through competitive test to supply the plow and lane marker systems for the ABV. Market Research performed in June

2015 by the ANAD ABV Program Manager indicates there are no known suppliers/distributors of components for Pearson Manufactured equipment other than the OEM.

9. Interested Sources: To date, there are no other sources for these repair parts.

10. Other Facts:

(a) Procurement History:

(1) On May 8, 2015 Pearson Engineering was issued W911KF-15-C-0012 for several different type test stands to be used with the ABVs. The amount of the procurement was $577,369.84.

(2) The above contract was sole sourced to Pearson Engineering.

(3) Authority used for less than full and open competition was 10 U.S.C. 2304(c) (1) as cited by FAR 6.302-1 “Only one Responsible Source, and no other supplies or services will satisfy agency requirements.”

(4) Pearson Engineering Ltd is the Original Equipment Manufacturer (OEM) and is privately owned business specializing the design and manufacture of unique equipment.

(5) No prior award was issued as full and open competition.

(6) No unusual patterns revealed in history. This is the second procurement to Pearson

Engineering.

(7) There have been no changes. Pearson Engineering will not provide technical design or manufacturing data to the Government. Government owned technical data and component designs are intended to meet or exceed

(b) Acquisition Data Availability: Pearson Engineering will not provide or sell technical design or manufacturing data to the Government.

(c) No Unusual and Compelling Urgency.

(d) No Subcontracting Competition.

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

Name: Brian M Anderson Title: Manufacturing Engineer Assault Breacher Vehicle

Signature: //S// Brian M Anderson Date: 08/24/2015

12. Requirements Certification: I certify that the supporting data under my cognizance which is included in the justification is accurate and complete to the best of my knowledge and belief.

Name Scotty Arrington Signature: //S// Scotty Arrington Title: Director of Engineering and Quality

Date: 24 August 2015

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 based on results of cost and price analysis. Certified cost or price data will not be required in accordance with Federal Acquisition Regulation 15.403-4(a) (1).

Name: Elizabeth H. Howard Signature: //S//Elizabeth H. Howard Title: Contracting Officer Date: 31 August 2015

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

Name: Elizabeth H. Howard Signature: //S//Elizabeth H. Howard Title: Contracting Officer Date: 31 August 2015

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the repair parts supporting functional test of all Pearson Engineering manufactured products utilized on the XM- 1150 ABV for ANAD as described above, valued at $250,000 on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304 (c) (1) as cited by FAR 6.302-1, subject to availability of funds, and provided that the supplies or services herein described have otherwise been authorized for acquisition.

Date: 31 August 2015 Signature: ______________________

Elizabeth H. Howard Contracting Officer