SOLICITATION NOTICE
J -- NSN: 4230-01-508-7228, KARCHER MULTI-PURPOSE DECONTAMINATION SYSTEM (MPDS) - Justification and Approval (J&A)
- Notice Date
- 3/29/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 541614
— Process, Physical Distribution, and Logistics Consulting Services
- 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
- W52H0909TKK01
- 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
- W52H0909P0352
- Award Date
- 9/15/2009
- Description
- W52H0909P0352 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 09-514 1. Contracting Activity: U.S. Army Contracting Command, TACOM Contracting Center, Rock Island, IL 61299-7630 2. Description of Action: This action will result in a firm fixed price contract with DRS Sustainment Systems (DRS) for a 12 month period of performance. Award is projected for fourth quarter FY 2009 and FY 2009 OMA funds will be used. An acquisition plan is not required because this effort does not meet the dollar threshold for an acquisition plan. 3. Description of Supplies/Services: The contractor is to provide Contractor Logistics Support (CLS), which includes at a minimum; maintenance, logistics and training support to the United States Army units located in Southwest Asia (SWA), Korea, Germany and the Continental United States (CONUS) on the K rcher Multi-Purpose Decontamination System (MPDS) NSN 4230-01-508-7228. Specifically, the contractor shall provide maintenance and logistics services for one-hundred-thirty (130) MPDS units under the United States Pacific Command (PACOM), twenty-five (25) units in SWA, one-hundred-twenty (120) in the CONUS and twenty (20) systems under the U.S. European Command (EURCOM), as well as provide training in the use of the MPDS. This proposed one year follow-on contract by TACOM-RI is to maintain continued field support during transition of contract support to TACOM-Warren. The total estimated cost for a one year period of performance on this effort is $900,000.00. 4. Authority Cited: 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: As authorized by FAR 6.302 1, specifically FAR 6.302-1(a)(2)(iii) which states "services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B) Unacceptable delays in fulfilling the agency's requirements," procurement by Other Than Full and Open Competition is necessary. This proposed effort is a follow-on effort to contract M67004-04-P-1524. The spare/repair parts are an integral piece of the CLS effort to ensure that the warfighter in the field has the ability to successfully carry out decontamination missions in the event of a Chemical/Nuclear/Biological attack. K rcher Futuretech is the manufacturer of the MPDS and all parts required for assembly and repair and DRS has an exclusive distribution agreement with K rcher. Neither K rcher nor DRS provide a supply catalog to the Government or the public that identifies the part number. No other source would have the ability to provide the parts necessary to maintain the fielded MPDS's. DRS is the only source with the technical knowledge of the system to provide maintenance and logistics, which is defined as the distribution of all spare and repair parts needed for preventive maintenance and repair of MPDS systems, technical repair of systems, parts distribution and technical support. The Government does not own any technical data rights, technical manuals or have access to the technical specifications associated with the system. Edgewood Chemical and Biological Center (ECBC) Engineers estimate that development of like parts necessary to train additional sources to perform this CLS service would take approximately 3.5 years and cost $4,000,000.00. This would be an unacceptable delay in fulfilling the requirements. DRS currently has a Field Service Representative in Korea, which allows for uninterrupted service to the soldier. Furthermore, the estimated $4,000,000.00 to create like parts necessary for training additional sources to perform the CLS service would not be expected to be recouped through competition. Based on the above factors, DRS is the only responsible source capable of meeting the requirements of this follow-on CLS effort. 6. Efforts to Obtain Competition: In preparation for a follow-on contract a sources sought notice was issued via FBO in April 2007. In accordance with FAR part 12, this effort will be performed as a combined solicitation/synopsis under commercial acquisition procedures in Federal Business Opportunities (FBO). Any information received will be considered to determine if a competitive acquisition should be conducted. 7. Actions to Increase Competition: No further formal action to increase competition is contemplated at this time. DRS holds exclusive access to replacement parts for the MPDS pursuant to its agreement with the manufacturer, K rcher Futuretech. The Original Equipment Manufacturer (OEM) will not authorize any other distributor access to these spares to perform the system maintenance required to meet the expectations of the Performance Work Statement. 8. Market Research: Market research for this proposed action began in April 2007 with a sources sought notice and has been on-going process since this time. Stephen LeFebvre, previously the Contracting Officer Representative (COR) until May 2009, and David Franing, ILS Manager, contacted both K rcher and DRS multiple times between 2007 and 2009 requesting access to the parts and manuals. The most recent contact was on 16 July 2009 to a Mr. Wolfgang Kliem from K rcher Futuretech GmbH (located in Winnenden, Germany). When asked about the availability of MPDS parts, he responded "DRS is the exclusive distributor for MPDS in the USA. Kindly contact: Mr. Jim Fritts at DRS in Florence KY." Mr. Franing also monitors the internet to stay abreast of any new partnerships with K rcher or DRS. In the August 3, 2009 edition of the DefenseNews, K rcher reaffirms their partnership with DRS. 9. Interested Sources: A sources sought notice was issued via FedBizOpps in 2007, solicitation #W52H0907R0316, seeking companies who could provide the CLS requirement for support of the MPDS. In response to the sources sought notice the Government received responses from MTC Technologies, Inc. and Patchin Soluble Integrated, Inc. Both companies responded stating that they could provide the required services in the PWS. A technical follow-up with both companies, conducted by ECBC Engineering and the TACOM Equipment Specialist, revealed that neither company was familiar with the MPDS system nor did they have access to the spare/repair parts needed to complete the services in the PWS. Both contractors stated that they had contacted the manufacturer, K rcher, and had been told that DRS was the exclusive distributor of the MPDS, and therefore the only company which had access to replacement parts for that unit. DRS refused to provide these companies with access to the spare and repair parts that would be needed to complete the services under the contract. The responding companies stated that they would need to reverse engineer the MPDS in order to develop spare parts which could be used for the maintenance of the units. As previously noted reverse engineering would neither be timely or cost effective in provided the proposed CLS service contract. 10. Other Facts: Procurement History: The previous contract, M67004-04-P-1521, was awarded to Engineered Air Systems, Inc. (EASI) on September 29, 2004. The previous contract included 2 base years with three 12-month option periods. EASI was subsequently purchased by DRS Sustainment Systems on January 17, 2007. All three option periods have been exercised and DRS remains the current contractor for the previous effort until September 30, 2009. 11. Technical Certification: I certify that the supporting data under my cognizance, which is included in the justification, is accurate and complete to the best of my knowledge and belief: NAME: (Redacted)DATE: 26 August 2009 TITLE: Logistics Management SpecialistSIGNATURE: //s// 12. Requirements Certification: I certify that the supporting data under my cognizance which is included in the justification is accurate and complete to the best of my knowledge and belief: NAME: (Redacted)DATE: 26 August 2009 TITLE: Group Leader, SIGNATURE: //s// Chem/Bio PSID 13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. The contractor's proposal will be reviewed using cost/price analysis to determine whether the costs are reasonable. Certified cost or pricing data will not be required based on FAR 15.403-1(b)(3). NAME: Donna L. WebbDATE: 26 August 2009 TITLE: Procuring Contracting OfficerSIGNATURE: //s// 14. Procuring Contracting Officer's Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief: NAME: Donna L. WebbDATE: 26 August 2009 TITLE: Procuring Contracting OfficerSIGNATURE: //s// APPROVAL OF JUSTIFICATION FOR OTHER THAN FULL AN OPEN COMPETITION CMO # 09-514 Based on the foregoing justification, I hereby approve the procurement of this 'Contractor Logistics Support for the Multi-Purpose Decontamination System' follow-on effort on an other than full and open competition basis pursuant to the authority of 10 USC 2304 (c) (1) and FAR 6.302-1, at an estimated value of $900,000.00, subject to the availability of funds, and provided that the services herein have otherwise been authorized for acquisition. DATE: 27 August 2009SIGNATURE: __//signed//_________ LA RUTH SHEPHERD Competition Advocate
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