10--Guns, through 30 mm

AMENDMENT NO. 01 TO CMO # 09-440 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CONCURRENCE SHEET CONTROL No. ACA190101 Program/Equipment: Aluminum Chassis Stock with Telescoping butt-stock, adjustable cheek rest and butt pad for the M14 Enhanced Battle Rifle - Rock Island (M14 EBR-RI) Authority: FAR 6.302-1 Amount $630,000.00 Prepared by: Typed Name: John M Knizner DSN: 793-1864 Title: Contract Specialist Date: 04 AUG 2009 PCO: Typed Name: Elyse E. Ruefer DSN: 793-5789 Title: Contracting Officer Date: Technical: Typed Name: Christopher Lehner DSN: 880-4695 Title: LTC, SF PM-Ind. Weapons Date: 12 Aug 2009 Requirements: Typed Name: Christopher Lehner DSN: 880-4695 Title: LTC, SF PM-Ind. Weapons Date: 12 Aug 2009 COORDINATION: AMSTA LR Concur Caridad Ramos 12AUG09__ (concur/nonconcur) (signature) (date) Note: J&A amendment is legally sufficient. Since the changes/updates are significant, the legal office recomended that a new J&A be processed rather than this amendment. AMENDMENT NO. 01 TO JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a firm-fixed price contract with Sage International Ltd., 3991 East Eberhardt, Oscoda, Michigan, 48750. Award is projected for the 4th Quarter FY09 and FY07 Weapons and Tracked Combat Vehicle (WTCV) funds 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: a. Original - Proposed contract action is to procure 1,075 each, Aluminum Chassis Stock with telescoping butt stock with adjustable cheek rest and butt pad (butt-stock) for use on the M14 Enhanced Battle Rifle-Rock Island (EBR-RI), - Manufacturer Part Number B009042. The estimated value is $967,500.00. The proposed contract will not include an option provision. b. Revised - Proposed contract action is to procure 700 each, Aluminum Chassis Stock with telescoping butt stock with adjustable cheek rest and butt pad (butt-stock) for use on the M14 Enhanced Battle Rifle-Rock Island (EBR-RI), - Manufacturer Part Number B009042. The estimated value is $630,000.00. The proposed contract will not include an option provision. 4. Authority Cited: No Change 5. Reason for Authority Cited: As authorized by FAR 6.302 1, procurement by other than full and open competition is necessary as only one responsible source can satisfy agency requirements. a. Sage International Ltd. is the only manufacturer able to produce and deliver production quantities within the time frame required. Under their current contract, Sage International Ltd. is in production of and delivering production quantities of the M14 EBR-RI butt-stock. Sage International Ltd is scheduled to complete deliveries under their current contract by the end of July 2009 and is the only source that would not require verification testing to ensure the butt-stock meets current requirements for the M14 EBR-RI. Sage has a patent license for the design of the EBR butt-stock. However, while the Government has a right to use the existing Navy patent, the Government does not have a manufacturing technical data package. Sage created the drawing and technical data for the design and the Government does not have these drawings. Currently a small arms team produces the M14 EBR-RI at TACOM-Rock Island. The quantity of 700 each butt stocks are required to be delivered before October 2009 in order to avoid a break in production of the M14 EBR-RI. b. This procurement will be utilized to address a lack of operational capability of deployed forces in the field in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) and is in support of various "Operational Needs Statements," (ONSs), which were submitted per various memorandums from Combatant Commanders in the field. Due to the classified nature of these documents a majority of the memorandums as well as actual ONS cannot be attached; however, these memorandums are available via SIPERNET given the proper security clearance. The current ONSs authorizes a total quantity of 5,000 each M14 EBR-RI; each M14 EBR-RI requires one butt-stock. A majority of the ONS requirement for butt-stocks have been satisfied utilizing an existing Navy Contract awarded to Sage International Ltd. (see paragraph 10 below). The Navy contract has since been exhausted requiring the balance of 700 each butt-stocks to be procured from Sage International to avoid a break in production. c. The Government does not currently possess a Technical Data Package (TDP) for the butt-stock. The Government is currently developing a competitive TDP which is scheduled to be completed 30 September 2009. In February 2009, while development of a competitive TDP was in process, notification that the original Operational Needs Statement (ONS) quantity for the M14 EBR-RI had increased. The requirement increase was not anticipated at time of award for contracts listed in section 10 of original Justification and Approval. d. The Government must receive production quantities by October 2009 in order to avoid a break in production of the M14 EBR-RI. The time associated with conducting a competitive procurement requires the Government to pursue a sole-source purchase to Sage International for the remaining authorized ONS quantities. Based on the below Milestone chart the Government estimates receipt of production deliveries from a competitive proposal awarded to a non-incumbent contractor of May 2010. This date far exceeds the requirement of receipt of production quantities by October 2009 to avoid a break in production. Any requirements in excess of the 5,000 authorized ONS, if authorized, will be competed utilizing the Government TDP. e. The Competitive Milestone Chart is revised to reflect availability of Technical Data in September 2009. The time associated with undertaking a competitive or brand name or equal procurement would lead to unacceptable delays in the production of the M14 Enhanced Battle Rifle-Rock Island (EBR-RI). Additionally, in order to maintain functionality and interchangeability of assets sole-source procurement to Sage International is recommended. COMPETITIVE MILESTONE CHART COMPLETION DATE Receipt of Technical Data 30 Sep 2009 Development of Solicitation Package 30 Nov 2009 Issuance of Solicitation 07 Dec 2009 Closing of Solicitation 07 Jan 2010 Completion of proposal analysis 22 Jan 2010 Award of Contract 05 Feb 2010 First Article Test Completion 14 May 2010 Receipt of initial production quantities 15 Jun 2010 6. Efforts to Obtain Competition: No change 7. Actions to Increase Competition: Availability of Technical Data Package has changed from June 2009 to 30 September 2009. Technical Data is available for the EBR Butt-stock but has not been certified and has not completed verification and performance testing. A proven technical data package will not be completed and available until 30 September 2009. This procurement will be a one-time purchase of production quantity. Any future requirements will be procured utilizing full and open competition procedures utilizing the Government TDP. 8. Market Research: No Change 9. Interested Sources: Troy Industries is a possible source of supply for the M14 EBR-RI butt-stock however has not been in production of the butt-stock. Troy, along with any other possible source of supply, would be required to pass stringent first article testing and acceptance requirements. As previously stated production quantities must be received by October 2009 in order to avoid a break in production of the M14-EBR. Critical Dimensions LLC has expressed interest in writing via electronic mail in July 2009. The notices required by FAR 5.201 have been published and any proposals received shall be considered. 10. Other Factors: This Amendment is processed based on additional historical information gathered regarding technical data of the M14 EBR-RI butt-stock. Specifically that Sage International Ltd. has a license agreement and utilized this agreement to develop drawings for the M14 EBR butt-stock based off of a US Navy Patent. Additional information regarding the development of a competitive TDP has been added for informational purposes. 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: Date: 12 August 2009 Title: LTC, SF-PM-Ind. Weapons Signature: //s// 12. Requirement Certification: Name: Date: 12 August 2009 Title: LTC, SF-PM-Ind. Weapons 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 on price analysis. Cost and Pricing data will not be pursued based on FAR 15.403-1(b)(3). Name: Elyse E. Ruefer Date: 18 August 2009 Title: Contracting Officer Signature: 14. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief. Name: Elyse E. Ruefer Date: 18 August 2009 Title: Contracting Officer Signature: APPROVAL Amendment 01 to CMO # 09-440 Based on the foregoing justification, I hereby approve the procurement of 700 each Aluminum Chassis Stock with telescoping butt stock, adjustable cheek rest and butt pad - Manufacturer Part Number B009042 at a total estimated value of $630,000.00 on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(1)as implemented by FAR 6.302-1, subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition. DATE: _20 Aug 2009__________ SIGNATURE: //signed// LA RUTH SHEPHERD Competition Advocate