JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CONCURRENCE SHEET CMO # 09-548 CONTROL No. ACA090132 Program/Equipment: AN/PEQ-2 and AN/PEQ-2A Authority: 10 USC 2304(c)(1) IAW FAR 6.302-1 Amount: $2,321,936 Prepared by: Typed Name: Joelle Donovan DSN: 793-5332 Title: Contract Specialist Date: 3 Sep 2009 PCO: Typed Name: Elyse E. Ruefer DSN: 793-5789 Title: Contracting Officer Date: 9 Sep 2009 Technical: Typed Name: Erin McCarter DSN: 793-1678 Title: Site Manager, SAMD Date: 9 Sep 2009 Requirements:Typed Name: Erin McCarter DSN: 793-1678 Title: Site Manager, SAMD Date: 9 Sep 2009 COORDINATION: AMSTA LR Concur Caridad Ramos//s// 09SEP09_____ (concur/nonconcur) (signature) (date) JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 09-548 1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a purchase order with Insight Technology, Inc., Londonderry, New Hampshire. Award is projected for FY09 and US appropriated funds (pseudo FMS) 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: 2657 each AN/PEQ-2A and 252 each AN/PEQ-2. These are non-NSN'd commercial items. These items are also referred to as Infrared Target Pointer Illuminator Aiming Lights. The estimated value is $2,321,936.00. The proposed contract will not include an option provision. 4. Authority Cited: 10 USC 2304(c)(1), Only One Responsible Source, as implemented 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 the Government does not own the Technical Data Package (TDP). The Government is currently attempting to obtain estimates for reverse engineering of each item (time and money) or the cost to procure the TDP from Insight. As the funds to be utilized for this effort expire on 30 September 2009, this office estimates the average costs associated with reverse engineering to be approximately XXXX and XXXX months. Funds are not available at this time to undertake this effort and the Government believes it would not be cost effective to spend money on items that are no longer utilized by US Forces and that are considered commercial items. The time associated with undertaking a reverse engineering effort is not acceptable to Foreign Military Sales customers. Insight developed the AN/PEQ-2 in 1995 which was later selected and utilized by the Navy. The AN/PEQ-2A is 2nd generation which includes additional safety features. These are considered to be "terminal" items by the US Army. However, FMS customers still have requirements for the AN/PEQ-2 and 2A. 6. Efforts to Obtain Competition: This procurement action was synopsized in the FedBizOpps to alert interested contractors and subcontractors. 7. Actions to Increase Competition: We have chosen not to pursue data rights because the commercially available items change so quickly. Additionally, this is an interim fix to satisfy immediate requirements for FMS countries pending releasability of the US Army Standard AN/PEQ-15. Insight Technology Inc. is the developer and sole producer of the AN/PEQ-2 and AN/PEQ-2A. The U.S. Government does not own or have rights to Insight's TDP. We are currently attempting to obtain estimates for reverse engineering of each item (time and money) or the cost to procure the TDP from Insight. The average costs associated with reverse engineering is estimated at XXXX and XXXX months. 8. Market Research: Market research was conducted in September 2009 by members of the Integrated Product Team. Internet inquiries did not identify any alternate producers of the AN/PEQ-2 and AN/PEQ-2A. Insight Technology is the developer and sole producer of the AN/PEQ-2 and AN/PEQ-2A. This was also verified with SOCOM, the US Navy and PM Sensors and Lasers. 9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 have been published and any proposals received shall be considered. 10. Other Factors: Procurement History: Contract: W91CRB-05-D-0028 Contractor: Insight Technology Inc. Award Date: 13 September 2005 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: 9 Sep 2009 Title: Site Manager, SAMD 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: XXXX Date: 9 Sep 2009 Title: Site Manager, SAMD 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 history and price analysis. As part of this basis, certified cost and pricing data is not required for these commercial items in accordance with FAR 15.403-1(b)(3). Available marketplace information will be used to support determination of fair and reasonable. Name: Elyse E. Ruefer__________ Date: 9 Sep 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: 9 Sep 2009 Title: Contracting Officer______ Signature: APPROVAL CMO # 09-548 Based on the foregoing justification, I hereby approve the procurement of AN/PEQ-2 and AN/PEQ-2A, at a total estimated value of $2,321,936.00, on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(1) and 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: 18 Sep 2009 SIGNATURE: __//signed//________________ DORENE E. MORRIS Alternate Competition Advocate
