A03_Justification_and_Approval_for_Other_Than_Full_and_Open_Competition_-_Aerial_MAWC.pdf

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Abbreviated Justification and Approval Document

For Other Than Full and Open Competition of Requirements Greater than $150,000 Not Exceeding $650,000

(IAW FAR 6.304)

1. CONTRACTING ACTIVITY

Army Contracting Command-Aberdeen Proving Ground, Natick Contracting Division, ATTN: CCAP-SCN, Kansas Street, Natick, MA 01760

2. DESCRIPTION OF ACTION

Requirement: ✔ New Repeat

Pricing: ✔ Firm-Fixed Price Time & Materials Cost

Funds: ✔ OMA Other Funds:

Name of Proposed Contractor: Capewell Aerial Systems, LLC.

Street Address: 4298 JEB Stuart Hwy.

City, State, Zip: Meadows of Dan, VA Phone: (276) 952 - 3101

3. DESCRIPTION OF SERVICES AND SUPPLIES

(Describe the services or supplies. Including make & model number to be acquired below.)

The estimated value of the proposed action is: $649,740.00

This contract will consist of the fabrication and shipment of 1,911 Modular Airborne Weapons Case (MAWC), size small (NSN 1670-01-618-5844) (Part number 11-1-9083).

4. AUTHORITY CITED

(Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition.)

The statutory authority permitting other than full and open competition is 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:

PM-SCIE has an immediate requirement for 1,911 small Modular Airborne Weapons Cases to complete fielding. Original estimates for fielding have increased substantially due to additional training asset requirements and originally unidentified units in the fielding plan requiring the MAWC. The MAWC is a complex, critical safety item that only Capewell Aerial Systems (formally Aerial Machine and Tool, Inc.), the Original Equipment Manufacturer (OEM) of the MAWC, is capable of manufacturing at this time. The Government procured the data rights to the MAWC and received the Technical Data Package (TDP) in January 2016. Once the TDP is received it will take the Government approximately 9 months to compete and award a contract to produce the MAWC, which will not meet the MAWC fielding requirements for the Army. As such, Capewell Aerial Systems is the only source of the MAWC capable of delivering the items when needed.

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6. ADDITIONAL INFORMATION:

(i) What harm will come to the Government if desired supplies/services are not provided on time?

If this action is not approved, it would negatively impact the fielding schedule for a minimum of nine months, thus making remaining receiving units non-mission capable with the MAWC.

Airborne Soldiers with varying types of equipment would adversely impact the Soldiers ability to complete mission specific operations.

(ii) What harm will come to the Government if desired contractor doesn’t receive the award?

Because the Government TDP is not yet in place, not using the Original Equipment Manufacturer would jeopardize the current configuration management of the MAWC providing the possibility that different versions of the MAWC would be fielded. This would create a safety issue, and if not properly manufactured pose risk of possible damage to equipment or injury or death to the Soldier. Subsequently, for any equipment other than the original configuration, additional safety releases would be required before Soldiers would be allow to jump.

7. ACTIONS TO INCREASE COMPETITION:

State what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required.

The Government has procured the data rights and took delivery of the TDP in January 2016.

Once the TDP is verified, it will enable the Government to publish an RFI, RFP and compete the contract within the next 9 months.

8. MARKET RESEARCH

(Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts made to ascertain whether other qualified sources exist. Research of the market place may consists of written, telephonic, or world wide web inquires.)

A Market Research was conducted in December 2014 by Darrin Fredrickson, MAWC project lead. As a result of the world wide web research, trade-show reviews and industry publications it was determined no other manufacturer is currently producing or could produce the current configuration of the MAWC since Capewell Aerial Systems, at that time, still owned the data rights. The previous contract with Capewell Aerial Systems was awarded as full and open. The possibility of additional manufacturers making the MAWC in the future is likely once the TDP is complete, and the Government competes for future procurements.

9. PROCUREMENT HISTORY:

Previous Contract or Purchase Order Number: W911QY-12-D-0018 or N/A

Previously Competed? N/A No ✔ Yes

Previous authority for other than Full & Open Competition:

There have been no other contracts utilizing other than full and open competition.

10. TECHNICAL / REQUIREMENTS CERTIFICATION:

I certify that the support data under my best cognizance which is included in this abbreviated-J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Darrin Fredrickson

Position Title: PM SCIE - MAWC Project Lead

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Email Address: darrin.j.fredrickson.civ@mail.mil

Date: 3 November, 2015

11. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The techniques to be used to determine fair and reasonable prices are: price analysis.

As part of the basis, certified cost or pricing data will not be required.

If one of the exceptions in FAR 15.403 applies, please indicate.

FAR 15.403-4(a)(1): below threshold of $750,000 for requiring certified cost or pricing data

Typed Name: Darrin Fredrickson

Date: 24 November, Title: Project Lead, Modular Airborne Weapons Case

Signature:

12. CONTRACTINR OFFICER'S APPROVAL

Based on the foregoing justification, I hereby approve the procurement of: MAWC, size small ordered under the descriptionaboveon another thanfull andopencompetitionbasispursuant to theauthorityof10USC 2304(c) (1) , subject to availabilityof funds, andprovided that servicesandpropertyherein describedhaveotherwisebeenauthorizedforacquisition.

Signature:

Contracting Officer Date: 6 January, 2016

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Abbreviated Justification and Approval Document For Other Than Full and Open Competition of Requirements Greater than $150,000 Not Exceeding $650,000

(IAW FAR 6.304)

1. CONTRACTING ACTIVITY

Army Contracting Command-Aberdeen Proving Ground, Natick Contracting Division, ATTN: CCAP-SCN, Kansas Street, Natick, MA 01760

2. DESCRIPTION OF ACTION

Requirement:

New Repeat Pricing:

Firm-Fixed Price Time & Materials Cost Funds:

OMA

Other Funds:

3. DESCRIPTION OF SERVICES AND SUPPLIES

(Describe the services or supplies. Including make & model number to be acquired below.)

4. AUTHORITY CITED

(Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition.)

5. REASON FOR AUTHORITY CITED:

6. ADDITIONAL INFORMATION:

(i) What harm will come to the Government if desired supplies/services are not provided on time?

(ii) What harm will come to the Government if desired contractor doesn’t receive the award?

7. ACTIONS TO INCREASE COMPETITION:

State what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required.

8. MARKET RESEARCH

(Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts made to ascertain whether other qualified sources exist. Research of the market place may consists of written, telephonic, or world wide web inquires.)

9. PROCUREMENT HISTORY:

Previous Contract or Purchase Order Number:

or N/A Previously Competed?

N/A No Yes Previous authority for other than Full & Open Competition:

10. TECHNICAL / REQUIREMENTS CERTIFICATION:

I certify that the support data under my best cognizance which is included in this abbreviated-J&A is accurate and complete to the best of my knowledge and belief.

11. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The techniques to be used to determine fair and reasonable prices are:

As part of the basis, certified cost or pricing data If one of the exceptions in FAR 15.403 applies, please indicate.

12. CONTRACTINR OFFICER'S APPROVAL

Based on the foregoing justification, I hereby approve the procurement of:

ordered under the description above on an other than full and open competition basis pursuant to the authority of

USC

2304(c) subject to availability of funds, and provided that services and property herein described have otherwise been authorized for acquisition.

Contracting Officer 8.2.1.4029.1.523496.503679