SOLICITATION NOTICE
10 -- NSN: 4820-01-209-8415, P/N: 9376467 - Justification and Approval (J&A)
- Notice Date
- 3/29/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 332912
— Fluid Power Valve and Hose Fitting Manufacturing
- Contracting Office
- TACOM Contracting Center - Rock Island (TACOM-CC), ATTN: AMSTA-AQ-AR, Rock Island Arsenal, Rock Island, IL 61299-7630
- ZIP Code
- 61299-7630
- Solicitation Number
- W52H09-09-R-0044
- Archive Date
- 4/28/2010
- Point of Contact
- Cassi Haynes, 309-782-4580
- E-Mail Address
-
TACOM Contracting Center - Rock Island (TACOM-CC)
(cassi.haynes@us.army.mil)
- Small Business Set-Aside
- N/A
- Award Number
- W52H09-09-C-0098
- Award Date
- 8/11/2009
- Description
- W52H0909C0098 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 09-271 1. Contracting Agency: U.S. Army TACOM Contracting Center (RI) Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a Firm Fixed Price Service contract with Real-Time Laboratories, LLC. Award is projected for the 3rd quarter of FY 09 and FY 09 Army Working Capital Funds (AWCF) will be used. An acquisition plan is not required because it does not meet the dollar threshold for an acquisition plan. 3. Description of Supplies/Services: The contractor shall provide the supplies and services necessary to repair and upgrade the Valve Linear, Direct. The contractor shall upgrade and rework the following: NSN: 4820-01-209-8415, P/N: 9376467 NSN: 4820-01-304-9943, P/N: 9376467-2 NSN: 4820-01-367-7564, P/N: 9376467-3 NSN: 4810-01-306-6406, P/N: 12273262-3 The repair and or upgrade will meet NSN: 4820-01-308-1858, P/N: 9376467-1 configuration. The estimated value is $750,000.00 for the initial repair and upgrade 500 each. The proposed contract will include two (2) 100 percent options, for an overall total of 1,500 each at an estimated dollar value of $2,250,000.00. 4. Authority Cited: 10 USC 2304(c) (1), "Only one responsible source and no other supplies will satisfy agency requirements as authorized by FAR 6.302-1". 5. Reason for Authority Cited: As authorized by FAR 6.302 1, procurement by other than full and open competition is necessary because Real-Time Laboratories is the only source that can satisfy the army's requirements. The Government's technical data for the Valve Linear Direct is source controlled to three manufacturers, Real-Time Labs, Kelsey-Hayes Company and Teledyne Fluid Systems. Neither, Kelsey-Hayes or Teledyne is currently registered in any of the Government's registration systems. However, the only qualified and approved current source is Real-Time Laboratories. To qualify a previous or a new source would take approximately six (6) months up to a year and a half, if not more and cost the Government an estimated $1,000,000.00. Neither, Kelsey-Hayes or Teledyne is qualified due to ARDEC's understanding that approved sources are sources that were qualified at one point and they were listed as such on the drawing when their products met full requirements of TDP 9376467. Sources that had been acquired, relocated, ceased production for a period of one year or more (some exception may apply), or restructured in a manner that had altered their process of producing the Valve, would have to re-qualify to prove their newly produced product. The process of qualification is tedious, costly, and time consuming. A team composed of engineering and quality assurance would have to participate in the product evaluation at the contractor's designated facility. Examples of required tests are to be in accordance with specification 01417-SC-X17727 which include functional, environmental, performance, etc. and other requirements listed on the drawing. Once the product successfully meets all requirements of the TDP, then the source would be qualified as an approved source of supply and an engineering action would be initiated to list the source on the drawing. The time required to qualify a source is not a warrantee of its success, therefore the time utilized to qualify a source may deem fruitless at the end and hence back to the starting point and repeat the process. The qualification process may take roughly from 6 months up to a year and a half if not more, provided that all goes well. The source would have to be either funded, if the Government wished to follow through in pursuing this avenue, or have the source voluntarily fund and accommodate the qualification process if interested. Requalification of these sources or qualification of a new source can not be accomplished within the required timeframe necessary for continued spares availability for tank support in Iraq.The Government cannot wait for a source to become qualified and there are no funds available to fund this effort. Real-Time has indicated that they can meet the required turnaround time 90 days and with the estimated quantities of 17 each per month, needed to be repaired and or upgraded. Due to the impact that pursuit for qualification may have to the continued readiness and sustainment of the Army's war efforts, it is logical and prudent to pursue a source that is already producing the valve successfully (or had produced it in the not too distant past with no; alteration to the process). It is ARDEC's recommendation that the Government pursue efforts to utilize Real Time Laboratories as the current remaining approved source of supply that may meet immediate and expedient war effort requirements. Based on the above facts, these units can only be repaired within 90 days after award and at a rate of 17 each per month, by the approved source/previous producer Real-Times Laboratory, of these units and no other source can get qualified in the necessary timeframe to meet the requirements. 6. Efforts to Obtain Competition: This requirement will be synopsized to further increase both contracting and subcontracting opportunities IAW FAR 5.201 (c). 7. Actions to Increase Competition: NSN: 4820-01-308-1858, P/N: 9376467-1 will be listed on the Competition Advocates Shopping List. Interested sources will be able to become a qualified vendor by participating in the Source Approval Program. Once qualified a new source can compete for future repair and or upgrade efforts. 8. Market Research: FEDBIZOPPS - Sources sought was issued by TACOM Contracting Center Rock Island, AMSCC-TAC-ARVA (Heavy/Light Contracting Group on 10 Mar 2009, in the attempt to alert potential contractors to inform the Government of their interest in this requirement. 9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 will be published and any proposals received shall be considered. 10. Other Factors: Procurement History: The items identified in paragraph 3, have been purchased before as Sole Source Items to Real-Time Laboratories: Contract: W52H09-05-D-0277 Contractor: Real-Time Laboratories LLC Award Date: 2 Aug 2005Competitive Status: Sole Source Authority: FAR 6.302 1 Control No.: Unknown *11. Technical Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief. Name: XXXX Date: 3 March 2009 Title: APO Abrams Matrix Support, ARDEC-RI Signature://s// *12. Requirement Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief. Name: XXXXXX Date: 3 March 2009 Title: Supr Logistics Mgt Specialist Signature:/s/ 13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Based upon a cost analysis, certified costs or pricing data will be required. Name: Dave Elliott Date: 09 MAR 2009 Title: Contracting Officer Signature: //signed// 14. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief. Name: Dave Elliott Date: 09 MAR 2009 Title: Contracting Officer Signature: //signed// APPROVAL CMO # 09-271 Based on the foregoing justification, I hereby approve the rework of 500 each Valve Linear, Direct; NSN: 4820-01-209-8415, P/N: 9376467, M1A1/M1A2 Abrams Tank with two (2) 100 percent options, at a total estimated value of $2,250,000.00, on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(1), subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition. DATE: 11 Mar 2009 SIGNATURE: //signed// LA RUTH SHEPHERD Competition Advocate
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