JA_control_No_13043.pdf

Control No. 13-043 Justification Review Document

For Other Than Full And Open Competition

1. Contracting Activity: U. S. Army Contracting Command, Aberdeen Contracting Division, 4118

Susquehanna Avenue, Aberdeen Proving Ground, MD 21005

2. Description of Action: Approval is requested to award a sole source contract to BAE Systems for procurement of two AN/PAS-13C(V) Thermal Weapon Sight (TWS) spare parts as follows:

Item Name NSN Part

Number PLL Buy Quantity

TRAY, BATTERY 6160-01-529-3096 8418730-2 155

TRAY, BATTERY 6160-01-529-3942 8418859-2 646

These parts are required to support future scheduled TWS fielding actions.

Requirement: X New Repeat Pricing: X Firm-Fixed Price Time & Materials Cost Funds: X OPA Other Funds:

$74,000.00

Name of Proposed Contractor: BAE Systems Street Address: 2 Forbes Road City, State, Zip: Lexington, MA 02421-7306 Phone: (603)885-1603

3. Description of Services: The estimated value of the proposed action is $ 74,000.00.

Describe the services or supplies, including make & model number, to be acquired below.

4. Authority Cited: 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: Each of the TWS vendors developed their own system design to meet the Government’s TWS Performance Specification. The system design and parts for each vendor’s TWS are unique. BAE was one of three vendors receiving an award in the June 2007 competition for a five year Indefinite Delivery Indefinite Quantity TWS contracts. Delivery orders were competed among the three

The TWS is a modular, battery operated, medium to high resolution thermal imaging system intended for surveillance and fire control of small arms weapons during daylight, darkness, inclement weather, and dirty battlefield conditions. There are three sizes of TWS systems for application on light, medium and heavy weapons.

The supplies to be purchased herein in 4QFY13 are as follows: 155 each AN/PAS-13C(V)1 Battery Trays and 646 each AN/PAS-13C(V)2,3 Battery Trays to support final fielding efforts for previously procured AN/PAS-13C(V)1,2,3 systems. National Stock Number (NSN) and Part Number information for each item are identified in paragraph 2 above.

vendors, with final TWS orders placed in FY12. A final Fair Opportunity competition was issued in FY12 and BAE did not receive a system order which allowed their contract to expire in June 2012. The spare parts required by the Army are unique because the system design and spare parts of the AN/PAS-13C(V) are proprietary to BAE Systems. The AN/PAS-13C(V) previously procured by the Army cannot be maintained without these spare parts and final fielding of the AN/PAS-13C(V) systems will be delayed if these parts are not available in the timeline requested.

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:

8. Market Research:

The spare battery trays are required to be provided as initial issue spare parts upon fielding of each TWS system.

These spare parts allow the TWS to remain operational if the original battery tray provided as part of the system fails. Without spare battery trays, the system would not be able to be powered in the event of a battery tray failure, therefore impacting TWS operational availability. If these spare parts are not available in the timeline requested, TWS fieldings will be impacted, delaying the availability of an essential capability to the Warfighter.

BAE Systems is the only company who has ever manufactured the required AN/PAS-13C(V) battery trays. The AN/PAS-13C(V) TWS design is proprietary to BAE Systems and they own the tooling for these items. Another contractor could not manufacture the trays without the complete BAE technical data package and development of new tooling. Negotiating the purchase of the data package would increase cost by an unpredictable amount, and would not support the required timeline for scheduled TWS fieldings.

Competition is not feasible for this order. Procurement of TWS systems and their respective spare parts have been routinely competed in the past, however each TWS design is proprietary to the individual manufacturer and only BAE can produce these parts in the timeline required. The final buy of TWS systems to fulfill Army requirements was placed in FY12. BAE Systems did not receive an order as part of the FY12 competitive awards, and their contract expired in Jun 2012. The battery trays requested under this action are to support re-distribution of previously procured BAE AN/PAS-13C(V) systems. Competing this order among other vendors would not be feasible as the Army requires these proprietary parts in order to complete AN/PAS-13C(V) fieldings for systems already procured.

For the three TWS II Bridge contracts awarded in Jun 2007, with subsequent delivery orders awarded annually under Fair Opportunity, market research was conducted on the internet during the Spring of 2007 prior to release of the solicitation. As a result, it was determined that the Government’s TWS requirement could not be met with a commercial item purchase, commercial item purchase with modifications, or non-developmental items. A re-evaluation of the initial market research was conducted by Sarah Coleman, TWS Team Leader, Soldier Target Acquisition Team, PM Soldier Maneuver Systems. The market research for this order was conducted in accordance with FAR 10.002(b). It was determined that the Government’s requirement for these parts cannot be modified in a way that will allow a commercial item to meet the Government’s needs due to the proprietary nature of the AN/PAS- 13C(V) system design. No further procurement of AN/PAS-13C(V) systems is planned. The parts required are to support final fielding efforts for previously procured AN/PAS-13C(V) systems. The market research further concluded that a direct award to BAE Systems would be the most suitable approach for acquiring and distributing the supplies required by the Government for this effort.

9. Procurement History:

Previous Contract or Purchase Order Number: Yes (W91CRB-07-D-0030) 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 cognizance which is included in this abbreviated-J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: MAJ Chester B. Keller Position Title: Asst. Product Manager Email address: chester.b.keller.mil@mail.mil

Date: 27 June 2012

11. Fair and Reasonable Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based on the utilization of prior negotiated contract prices and the Independent Government estimate.

12. Review (Required when action is valued at $100K or more) – N/A This action <$100K

Legal Counsel

Typed Name: David H. Scott

DSN: 298-1553

Signature: ____________________________

Date: __________________ ______

13. Contracting Officer’s Approval: Based on the foregoing, I approve award of a contract to BAE Systems for procurement of the spare parts described on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c) (FAR 6.302-1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

DATE: Victoria Watkins Procuring Contracting Officer