66--Optical Instruments, Test Equip, Comps & Accys

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CONCURRENCE SHEET CMO # 09-322 CONTROL No. ACA090100 Program/Equip.: Mini-Integrated Pointing Illumination Module (MIPIM)Spares Authority: 6.302-1 Amount: $4,500,000.00 Prepared by: Typed Name: David Burke DSN: 793-7532 Title: Contract Specialist Date: 10 June 2009 PCO: Typed Name: Elyse E. Ruefer DSN:_793-5789 Title: Contracting Officer Date:_23 June 2009 Technical: Typed Name:_Thomas Grover______ DSN:_312-654-3784 Title: Logistics Specialist____ Date:_16 June 2009 Requirements: Typed Name: Thomas J. Tkatch DSN:_793-7616 Title: Chief, Wpns Supt Group Date: 22 Jun 2009 COORDINATION: AMSTA LR Concur Caridad Ramos//s// 12JUN09_______ (concur/nonconcur) (signature) (date) JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 09-322 1. Contracting Agency: U.S. Army Contracting Command, TACOM, Contracting Center (RI) Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a firm-fixed price, three year, Indefinite Delivery Indefinite Quantity (IDIQ) Type contract with Insight Technology. Award is projected for the fourth quarter FY09 and AWCF type 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: This action is for various spare parts for the Mini-Integrated Pointing Illumination Module (MIPIM). The items to be procured are: ITEM NSN MAX QTY Reflector Assembly 1240-01-551-5418 22,000 White Light Cap Assembly 5855-01-550-5219 28,000 Kit, Pattern Generator 1240-01-551-3779 28,000 Battery Cap Assembly 6160-01-551-3780 18,000 Cap, Protective, Dust 5340-01-554-1587 28,000 The total estimated dollar value is $4,500,000.00 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 as Insight Technology is the sole manufacturer capable of delivering the above listed spare parts to support the MIPIM based on the following facts; a. A Solicitation was issued as a competitive best value based on a Government performance specification in response to a Government requirement for a commercial/non-developmental Mini-Integrated Pointing Illumination Module(MIPIM) in June 2005. Award was directed by Department of Army and PEO Soldier, Sensors, and Lasers to be a dual source award with a minimum order of 2,000 systems to be procured from the companies whose proposals were determined to be a best-value to the Government. The Government received nine samples from six offerors in response to the Government's solicitation. After evaluation of each offeror's product and based on the best value evaluation criteria, the Government selected the MIPIM produced by Insight Technology as one of the items best suited to meet the Government's requirement. Contract W91CRB-05-D-0028 was awarded to Insight Technology on 13 September 2005 as a Firm-Fixed Price, Indefinite Delivery, Indefinite Quantity type contract for initial production quantities. b. Procurement of above listed spare parts will be used to support purchases of the MIPIM system from Insight Technology. The current proposed procurement action for spare parts to support the MIPIM is restricted to Insight Technology in order to maintain interchangeability and functionality of the MIPIM. The MIPIM is proprietary to Insight Technology and Insight Technology is the sole manufacturer of the MIPIM and the spare parts required to maintain the MIPIM. c. The Government possesses no rights to the Technical Data Package (TDP) for the end item or its components. Development of a competitive TDP would require extensive qualification testing, complete disassembly, and gauging and material determination of each component part. Generation of new drawings, design analysis and prototypes will have to be manufactured and tested to ensure comparability, reliability, and operability within the main item assembly. Cost estimates to develop a competitive MIPIM TDP, inclusive of spare-parts, totals $15,000,000; $9,000,000.00 and 12 months for TDP development and $6,000,000 and 9-12 months for engineering costs. The cost for purchasing the MIPIM data rights from Insight Technology is $20,000,000.00. d. The Government has determined it is not in the best interest to acquire or develop a competitive TDP package based on the cost associated with developing/acquiring a competitive TDP and due to rapid evolution of Aiming Light technology. The manufacturer of other like end items, and parts do not meet compatibility and interchangeability requirements to support fielded systems of the MIPIM. 6. Efforts to Obtain Competition: This requirement was synopsized in FedBizOpps on June 9th, 2009 to alert interested contractors and subcontractors. 7. Actions to Increase Competition: There are currently no efforts to increase competition as the cost of either developing or acquiring TDP is cost prohibitive and not in the best interest of the Government. 8. Market Research: Market research for the end item MIPIM from Insight Technology was conducted in June 2005 by PM Soldier, Sensors, and Lasers. Source lists were obtained of similar commercial/non-developmental items from other contracting activities and agencies. As stated in paragraph 5 above, in order to maintain interchangeability and functionality of the MIPIM it is recommended that a sole-source award to Insight Technology be pursued. 9. Interested Sources: To date, no other sources have expressed interest in this procurement. The notices required by FAR 5.201 have been published and any proposals received shall be considered. 10. Other Factors: Procurement History: W91CRB-05-D-0028 Insight Technology Inc. (CAGE 0B107) 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: XXXXXX______ Date: _16 June 2009______ Title: Logistics Specialist _ 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: XXXX______ Date: _22 Jun 2009_______ Title: Chief, Wpns Supt 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 a price analysis. According to FAR 15.403-1(c)(3), certified cost and pricing data is not required. Name: _Elyse E. Ruefer_________ Date:_23 June 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:_23 June 2009_______ Title: Contracting Officer_____ Signature:_ APPROVAL CMO # 09-322 Based on the foregoing justification, I hereby approve the procurement of the aforementioned spare parts for the MIPIM listed in paragraph three at a total estimated value of $4,500,000 on an other than full and open competition basis pursuant to the authority of FAR 6.302-1, subject to the availability of funds, and provided that the services have otherwise been authorized for acquisition. SIGNATURE:_//signed//________ DATE:__25 June 2009_ LA RUTH SHEPHERD Competition Ad