10--Miscellaneous Weapons

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CONCURRENCE SHEET CONTROL No. ACA090088 Program/Equipment: M134 Minigun Authority: 10 USC 2304(c)(1) Amount $8,500,000 Prepared by: Typed Name: Amy Samberg DSN: 782-2735 Title: Contract Specialist Date: 22 APR 2009 PCO: Typed Name: Tim Donohoe DSN: 782-5875 Title: Contracting Officer Date: Technical: Typed Name: Mary L. Crosson DSN: 782-5277 Title: Chief, Configuration Date: Management Requirements: Typed Name: John M. Naughton DSN: 782-5547 Title: Leader, Aircraft Armament Date:20 May 09 Group COORDINATION: AMSTA LR Andrew M. Telschow (concur/nonconcur) (signature//S// Andrew Telschow 29 MAY 09) date) JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Agency: U.S. Army TACOM LCMC (RI) Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a three (3) year firm fixed-price indefinite delivery/indefinite quantity (IDIQ) contract with Nobles Manufacturing, Inc (Nobles), Saint Croix Falls, Wisconsin. Award is projected for the 4th QTR 2009 and FY 2009 Army Working Capital Funds (AWCF) will be used. An acquisition plan is not required because this action does not meet the dollar threshold for an acquisition plan. 3. Description of Supplies/Services: This requirement is for a total estimated quantity of 900 each, 7.62mm x 9ft Ammunition Chute, Nobles P/N 55316; 900 each Ammo Can Conversion Kit, Nobles P/N 55221; 900 each .50 Cal Ammunition Chute, Nobles P/N 55091 and associated spare down parts, End Use: M134 Minigun, M296, M3M and M3P guns, in support of various helicopter platforms to include the Kiowa OH-58D. The total estimated dollar value of this procurement is $8,500,000.00. 4. Authority Cited: 10 USC 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: Procurement by other than full and open competition is necessary because Nobles is the sole designer and manufacturer of the ammunition feed chutes and the ammunition can conversion kits, as a Government owned competitive technical data package (TDP) does not exist. There is no other qualified hardware that can satisfy the Government's needs that reduces weight, decreases friction and improves reliability as does the Nobles hardware. Also, the Government's schedule requires the fielding and installation of ammunition feed chutes and ammunition can conversion kits starting in August 2009, and no other contractor has the essential qualifications to meet the Government's requirements in a timely manner. There would be significant delay and duplicated cost to qualify another source for this requirement. Nobles has proven to have the technical expertise, facilities, and manufacturing experience necessary for this item. It would take approximately 2 years to reverse engineer and re-qualify another source at an estimated cost of $1.0 million. The anticipated production lead time for the ammunition feed chutes and ammunition can conversion kits is 2 months. Based on the preceding, the cost to reverse engineer is not anticipated to be recovered through competition, nor can the Government afford any delay in fulfilling these requirements due to the combat essential nature of the 7.62mm x 9ft Chute, P/N 55316, Ammo Can Conversion Kit, P/N 55221 & .50 Cal Ammunition chute, P/N 55091, in support of the Kiowa Warrior Product Office. 6. Efforts to Obtain Competition: This procurement action was synopsized in the FedBizOpps to alert interested contractors and subcontractors. 7. Actions to Increase Competition: Actions to increase competition are not presently feasible for the following reasons: 1) It is possible that the dollar value of this procurement will be significantly less than $8,500,000; 2) the cost toCompetition will not increase because the cost to acquire the a TDP is estimated at $1,000,000; and 3) no funds are currently available to reverse engineer or otherwise acquire the TDP.. Finally, this procurement action is an IDIQ because the future requirements for this item are not certain. Furthermore, iIt would take 2 years to reverse engineer these requirements, including all re-qualifications, and the Government is unable to predict what its requirements will be at that time.. 8. Market Research: Market Research was conducted for the basic requirement in March 2009 by the Armed Scout Helicopter Project Office. The market research included personal knowledge of similar products and contact with knowledgeable persons in Government and industry. There are other manufacturers of similar products; however, it was determined that none of the alternative products met the weight and material requirements of the Kiowa OH-58D aircraft. Due to the time it would take to qualify other hardware, it was concluded that it is unlikely that any other contractor would be capable of providing the required hardware within the required time frame. Nobles is the only known responsive and responsible source that can provide the ammunition feed chutes and ammunition can conversion kits in a timely manner. 9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 will be released in FedBizOpps and any proposals received will get due consideration under the law. 10. Other Factors: Procurement History: Contract Number W31P4Q-06-C-R190, modification number 381, to Science and Engineering Services, Inc. was used to procure the 12 ammunition feed chutes and ammunition can conversion kits for testing and evaluation. Purchase order SESI #PO9P00783 was awarded on 6 February 2009 from SESI to Nobles at a firm-fixed price of $47,200 for 12 ammunition feed chutes and ammunition can conversion kits. A sole source award of this contract was made to Nobles Manufacturing, Inc. 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: XXXXXXX __________________________Date: __15 May 09___ Title: __Chief, Med Cal, Demo & Trng System______________ Signature: _//Signed//____ 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: _____________________________ Date: ______ //signed// Title: ___Leader, Aircraft Armament Group_______________Signature: 13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on cost/price analysis in accordance with FAR 15.4, as certified cost/pricing is required. Name: _Tim Donohoe___________________________Date: _______ 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: _Tim Donohoe___________________________Date: _______ Title: _Contracting Officer________________________Signature: _________________ APPROVAL Based on the foregoing justification, I hereby approve the procurement of 900 each, 7.62mm x 9ft Ammunition Chute, Nobles P/N 55316; 900 each Ammo Can Conversion Kit, Nobles P/N 55221; & 900 each .50 Cal Ammunition Chute, Nobles P/N 55091, and associated spare down parts, End Use: M134 Minigun under a 3-year IDIQ contract at a total estimated value of $8,500,000, 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: ________________ SIGNATURE: _____________________