redcatedJ AZoltek.pdf

Control No: 12-05

Justification and Approval for Other than Full and

Open Competition Justification

1. Contracting Activity: U.S. Anny, Anny Contracting Command Warren (ACC-WRN) (WV A), 1 Buffington Street, Watervliet, NY 12189-4000

2. Description of Action: Approval for Other than Full and Open Competition is requested for a new Finn Fixed Price contract with Entec Composite Machines, Inc. A ward using Anny Working Capital Funds (AWCF).

3. Description of Supplies/Services: This requirement is for the retrofitting and rebuilding (3) Composite Filament Winding machines WV12320, WV12726 & WV11422, all equipment manufactured by ENTEC Composite Machines. Software package Fiber GrafiX Pro Winder Pattern Generation Software. The estimated value of this action is $ _, with no options.

4. Authority Cited: 10 USC 2304(c)(1), Only One Responsible Source as authorized by FAR 6.302-1.

5. Reason for Authority Cited: As described in FAR 6.302-1, procurement by other than full and open competition is necessary because Entec, the original equipment manufacturer (OEM) has the design base, drawings, schematics, technical knowledge, capability and proprietary software to coordinate and achieve the interfaces in a correct and safe manner and to successfully meet the Government's needs ..The OEM has sole ownership of the source code in their software and does not provide it to other manufactures or service finns. The Required Delivery Date (RDD) is 31 Jan 2013 and the lead-time is 140 days after receipt of award.

6. Efforts to Obtain Competition: This procurement action is being synopsized through FedBizOps however the only source capable ofproviding this service is the OEM. They are the only source with the schematics, drawings, technical knowledge and rights to the software necessary to accomplish the retrofit/rebuild of the equipment to the required capacity.

7. Actions to Increase Competition: Due to the need for system compatibility and the proprietary rights of the original equipment manufacturer, this procurement cannot be competed.

Until such time as the OEM releases their proprietary rights, no further action can be taken to increase competition

8. Market Research: Market research was conducted in May 2012 and it was detennined at that time that there were no other sources capable of providing these services except the OEM.

The Market Research consisted of discussions with other Government users, review of publications (Thomas register, Industry papers, and articles in trade magazines).

9. Interested Sources: To date, no other sources have written to express interest. The notices required by FAR 5.201 shall be published, and any bids or proposals received shall be considered.

10. Other Facts:

a. Procurement History: There is no previous procurement history for the rebuild/retrofit of these machines. The purchase of these machines was competed as set forth below.

Previous Contract: DAAA22-85-C-9006

Award Date: 1985

Contractor: ENTEC Composite Machines Inc.

Competitive Status: Competed

- Previous Contract: W911PT-03-C-3021

Award Date: 2003

- Previous Contract:W911PT-04-P-0406

Award Date: 8/31/2004

b. Acquisition data availability. Technical data packages, specifications, engineering descriptions, statements of work have been developed and are available however there are no other known sources other than the original equipment manufacturer are capable of providing these services.

c. Subcontracting competition. There are no known sources capable of performing these services other than the original equipment manufacturer.

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 ofmy knowledge and belief.

Typed Name: James Donnelly Date: _16 August 2012 Title: Equipment Specialist Signature: IISIIJames G.Donnelly

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 ofmy knowledge and belief.

Typed Name: James Kardas Date: _16 August 2012 Title: Lead Industrial Engineer Signature: IISllJames Kardas t

13. Fair and Reasonable Cost Detennination: I hereby detennine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on price analysis. Certified cost or pricing data will not be obtained lAW FAR 15.403-1 (c) (3). In addition it is anticipated the award amount will be considerably below the threshold for submission of certified cost and pricing data.

Typed Name: James A. Denison Date: August 17,2012 Title: Contracting Officer Signature: IISignedll

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

Typed Name: James A. Denison Title: Contracting Officer

Date:

Signature:

August 17,2012· IISignedll

Approval

Based on the foregoing justification, I hereby approve the procurement of retrofitting and rebuilding three filament winding machines on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(1), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: August 17,2012 Signature: IISignedil

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

Legal Counsel Typed Name: J. E. Purcell Marchese DSN: 374-4312 Signature: IISIGNEDII Date: 17 August 2012