Brand Name JA FAR 6 ELECTRONIC UNIT CONTROLS_Redacted.pdf

AUG 2022

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: The Joint Munitions Command (JMC), Letterkenny Munitions Center (LEMC) procurement of 10 Electronic Unit Controls

Authority:10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

Amount: The total estimated value of this contract to include all options is

Prepared by:

Typed Name: DSN: 717-2

Title: Contract Specialist Date:

E-mail:

Contracting Officer:

Typed Name: Thomas C. Hall DSN: 717

Title: Contracting Officer Date Reviewed:

E-Mail: thomas.c.hall111.civ@army.mil

Technical And Requirements Representative:

Typed

Signatu _____

Reviews

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

Legal Co

Typed Na S

Signature ate:

upon award because of their historical success and performance in the past.

Any delays of the Electronic Unit Controls will negatively impact the Government’s production line by increasing the shortage of Electronic Unit Controls causing the Army Tactical Missile System program to fall below the Army readiness standards and be unable to support required long range precision fire missions. The Electronic Unit Controls is a required component of MFOM, and no other hardware or equipment can satisfy the Government’s minimum needs without unreasonable delay. The financial impact of not acquiring the supply projects to a production line revenue loss for LEMC.

6. Efforts to Obtain Competition: Market Research shows that competition may be possible.

The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. As this is a brand name action, effective competition may apply; however, Small Business Manufacturing Rule do not at this time allow for a SB Set-Aside and instead require release as unrestricted to verify compliance to certification requirements upon delivery. There is no nonmanufacturer class waiver for this NAICS.

However, all responses to the posting will receive due consideration.

a. Effective competition. As this is an anticipated brand name procurement, competition will be limited to either the OEM or those offerors who can obtain the product with a certificate of conformance from the OEM.

b. Subcontracting competition. This requirement will not require subcontracting as it does not meet the threshold for a subcontracting plan.

7. Actions to Increase Competition: There are currently no actions the Government can take to meet this urgent requirement while simultaneously increase competition. However, awarding this proposed award for 10 units will enable the Government to adequately meet its minimum needs current and future while allowing the Government to qualify additional contractors, if interested, for future competitive procurement efforts moving forward.

8. Market Research: Market research was conducted in 2023 and in January, February, March, April, May, June, July and August 2024 by LEMC and RSA LEAD personnel; including Contracts Acquisition Advocate and Agreements Manager (CAAAM), Letterkenny Munitions Center (LEMC) and LEMC Contract Specialist. Market Research shows there are no other manufacturers that can meet this requirement. Jason Straley reached out to several small businesses with two capable of providing the requirement. TYONEK FABRICATION CORPORATION - 229 PALMER RD Madison, AL Phone NAICS - 334419:

CAGE - 1XPL6 UEI - CH54C6K257N9 and ASAP SEMICONDUCTOR, LLC 1341 S

SUNKIST ST. ANAHEIM, CA 92806-5614 NAICS - 423860

Cage - 6RE77 UEI - NLF6QY4T5N44.

The Contracting Officer shall publish the notices required by FAR 5.2 and any bids or proposals received shall be considered. As this is a brand name action, a brand name Simmonds, effective competition will be utilized to the fullest extent possible; and all responses to the posting will receive due consideration and LEMC and ACC-RSA will stay apprised of any developments in this area. In accordance with FAR Part 10, market research was conducted to identify potential vendors and services capable of supporting the Government's requirement. The techniques utilized were: (1) personal knowledge in procuring supplies/services of this type, (2) discussions with knowledgeable persons, in Government and/or industry regarding the commercial nature, (3) results of market research review for similar supplies, and (4) review of Government databases for relevant information. Once this contract is successfully completed, efforts to promote competition may be able to be increased.

a. Personal knowledge in procuring supplies/services of this type. This Electronic Unit Control has been attempted to be purchased multiple times in the past as described in the table in section 10. The acquisitions were requested only after DLA was unable to supply the Electronic Unit Control.

b. Review of government and/or commercial databases for relevant information and the

System for Award Management (SAM).

9. Interested Sources: To date, three (3) vendors responded to the Market Research conducted and one to the Sources Sought; which was interested in reviewing the drawings of the unit which LEMC does not have access to and is proprietary in nature.

TYONEK FABRICATION CORPORATION - 229 PALMER RD Madison, AL NAICS - 334419:

CAGE - 1XPL6 UEI - CH54C6K257N9

ASAP SEMICONDUCTOR, LLC 1341 S SUNKIST ST. ANAHEIM, CA 92806-5614 NAICS -

423860 Cage - 6RE77 UEI - NLF6QY4T5N44

Simmonds Precision Products, Inc DBA Collins Aerospace 100 Panton RD Vergennes, VT 05491, CAGE 12511 and 89305, Unique Entity ID (UEI) XABLLJ8N8UQ3 and

SYALZ4FMVK93

10. Other Facts: Other factors affecting this effort are as follows:

A. Procurement history. N/A

Based on the foregoing justification, I hereby approve the procurement of Electronic Unit Controls for on another than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: Signature