W91ZLK19P0086-_MARS_FAR-Part13-5-Sole-Source-JA_ACC__20190417_Redacted.pdf

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – November 2015

Supply/Service: Provide an annual calibration and emergency support service for signal conditioner and data acquisition equipment owned by Aberdeen Test Center.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5 and Class Deviation – 2015-O00004.

Amount:

Prepared by:

Officer:

Technical:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name:

DSN:

Signature:

4/18/2019

X

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – March 2017 FOR OFFICIAL USE ONLY

1. Contracting Activity: Tenant Division, 6001 Combat Drive, Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: U.S. Army Aberdeen Test Center (ATC) . The Government projects award for

September 2019 and fiscal year 2019, X An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: contractor shall provide a NIST traceable calibration report after performing a calibration procedure for the following equipment part numbers:

1.

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – March 2017 FOR OFFICIAL USE ONLY

The quantity of items calibrated with this contract are as follows:

The contractor shall provide next day emergency service for technical issues related to the items specified in the list in Task 1. The emergency service program shall include a guaranteed response time of less than 48 hours. It shall also include emergency replacement parts and maintenance materials as needed, as well as labor

Period of Performance: 9/07/2019 to 9/06/2022 or 36 months Total Value:

For Actions with Options*:

Total:

for Authority Cited:

(a) The purchase order will provide annual calibration, on-call repair and on-call technical support of signal conditioners and data acquisition systems designed and fabricated by

. These are proprietary systems and are vital to support Aberdeen Test Center (ATC) test mission. The annual calibration is required in order to trace the accuracy of the acquired data to a National Institute of Standards and Technology (NIST) standards. Other agencies cannot perform this service because they do not have access to the proprietary software to adjust calibration factors. The on-call repair and on-call technical support are required if a data acquisition system fails and impacts the test

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – March 2017 FOR OFFICIAL USE ONLY mission. The annual calibration will also provide software and firmware updates to the data acquisition systems.

provide specific capabilities which have been used by the ATC for an extended period of time to support the acquisition of engineering data during automotive performance and endurance testing. The signal conditioners and data acquisition systems interface with and are integrated into ATC’s ADMAS systems to provide a modular, scalable and powerful data acquisition system.

with proprietary hardware and software that limit the calibration and maintenance to the one source.

o because they met the technical requirements and provided a significant value to the government. The items purchase are and thereby can only be serviced is uniquely qualified to service the equipment it designed, fabricated and programmed because only has the intellectual property associated with the equipment.

o No other contractor can perform the calibration and repair services because no other contractor has the hardware design or software to operate, adjust, repair and calibrate the .

o Technical data packages are not available to the government because they are proprietary to . The only possible action to remedy the situation is to purchase the company and the associated intellectual property.

(b) Alternatives: sole developer of the hardware and software and employs the only experienced, trained personnel qualified to provide traceable calibration of their systems, technical assistance for troubling shooting problems and priority maintenance. The inability to have access to the , developmental information restricts the ability of any other source to offer the capability to perform the required services. At this point there are no alternatives available.

(c) The minimum requirements of the government are that there be at least 100 data acquisition systems designed for automotive testing that have a traceable NIST calibration. This is required in order to accomplish the Test and Evaluation mission with certainty that the engineering values recorded are accurate. This requirement has been in place for every data recorder ATC has purchased to perform its mission. As data recorders become more specialized and proprietary (due to software) the requirement to have the intellectual property owner service the items will exist. is the designer, fabricator and developed all the operating software for the signal conditioners and data acquisition systems covered by this service contract. No other source has the ability to repair, replace or service the equipment.

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – March 2017 FOR OFFICIAL USE ONLY

6. Efforts to Obtain Competition: In accordance with FAR 5.201, this action will be synopsized.

7. Actions to Increase Competition: Locating alternate sources is impossible because the items being calibrated and repaired are There are no known alternatives to provide the services required since the recommended source has the intellectual property associated with the product requiring service. The past service and support has been excellent. At this point there are no other vendors that can perform the services needed, however continuous market research will be conducted to every 12-18 months to try to find competition.

8. Market Research: The brand name hardware and software sufficiently meets the Army’s needs. ATC will continue to conduct market research to determine if there are new sources that can better suit the Army requirements. If a new source is discovered, research will be conducted to determine if it cost effective to procure from the other source.

9. Interested Sources:

Quoted Cost of item: Quote was not provided, items not supported.

10. Other Facts:

a. Procurement History

Contract: W91ZLK-12-P-0794

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – March 2017 FOR OFFICIAL USE ONLY

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 of my knowledge and belief.

Typed Name: Date:

Title: Signature:

4/18/2019

X Right-Click "Signature Setup"

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 of my knowledge and belief.

Typed Name: Date:

Title: Signature:

4/18/2019

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Control No:

Contractor:

Supply/Service: Annual Calibration and Emergency Repair Support

Version – March 2017 FOR OFFICIAL USE ONLY

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.

The Government does not possess schematics or proprietary statistics to provide an annual calibration and emergency support service for signal conditioner and data acquisition equipment owned by Aberdeen Test Center. The Government only possess a performance specification provided by to insure all equipment is running efficiently. The performance and functionally of all equipment will be needed to be maintained and fixed, as appropriate during 24/7 operations.

This determination will be made using the following: price analysis cost analysis X IGCE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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

Typed Name: Date:

Title: