10--Guns, through 30 mm

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CONCURRENCE SHEET CMO # 09-525 CONTROL No. ACA090124 Program/Equipment: Non-Standard Tripod Mount Authority: 10 USC 2304(c)(1) IAW FAR 6.302-1 Amount:$736,746.43 Prepared by: Typed Name: Joelle Donovan DSN: 782-5332 Title: Contract Specialist Date: 27 Aug 2009 PCO: Typed Name: Elyse E. Ruefer DSN: 782-5789 Title: Contracting Officer Date: 2 Sep 2009 Technical: Typed Name: Erin McCarter DSN: 782-1678 Title: Site Manager, SAMD Date: 1 Sep 2009 Requirements:Typed Name: Erin McCarter DSN: 782-1678 Title: Site Manager, SAMD Date: 1 Sep 2009 COORDINATION: AMSTA LR Concur Caridad Ramos//s// 01SEP09 (concur/nonconcur) (signature) (date) JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 09-525 1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a sole source, firm fixed price single award with US Ordnance. Award is projected for the 4th quarter and U.S. 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: This procurement is for the purchase of 417 each of the US Ordnance (USO) Non-Standard Tripod Mount (in support of USO Non-Standard M2 Machine Gun) and a Contractor Spare Parts Package (CSP) to support the mounts. Each CSP package consists of the following and supports 10 mounts: Handle with - 13 Threaded Rod (X2) Spring Pin's 1/8 Dia. X Long SS (X5) Spring Pin's 1/8 Dia. X Long SS (X5) Set's arm serrated plate (X2) Screw and Nut for Leg Mount (X3) Lanyard and Detent Pin (X3) Right Leg (1) Left Leg (1) Center Leg (1) Slotted screw for serrated washer (X10) Nut body insert (X4) Clearance nut arm insert (X4) The total estimated dollar value of this procurement is $736,746.43. 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 as only one responsible source and no other suppliers or services will satisfy agency requirements. A procurement as listed herein is required to provide the requested items to supply the Afghanistan National Army (ANA) in accordance with signed Letter of Offer and Agreement (LOA). a. The U.S. Army Standard M3 Tripod Mount, NSN 1005-00-322-9716, is used with the U.S. Army Standard .50 Caliber Machine Gun. Due to non-availability of the Army Standard .50 Caliber Machine Gun, ANA has procured the Non-Standard M2HB Machine Gun from US Ordnance. A Non-Standard (commercial) Tripod Mount has been developed and is available from US Ordnance that is guaranteed by the contractor to be compatible with the Non-Standard M2 Machine Gun they are providing to the ANA. The U.S. Government does not own the Technical Data Package for the Non-Standard Tripod Mount; it is proprietary to US Ordnance. US Ordnance is the only known vendor that can adequately satisfy the ANA's immediate requirement for the Non-Standard Tripod Mount. b. The current contractor for the Army Standard M3 Tripod Mounts cannot meet the required delivery schedule beginning December 2009. The earliest delivery for the U.S. Army Standard M3 Tripod Mount is 2nd quarter FY12. A competitive award of the U.S. Army Standard M3 Tripod would require a minimum of 120 days and would require first article testing. Delivery could not occur in less than 286 days after award. Therefore, it is not possible to provide the Army Standard M3 Tripod Mount on a delivery schedule compatible with the Non-Standard M2HB Machine Guns currently on contract for the ANA. The Non-Standard M3 Tripod Mount will fill the gap until the Standard M3 Tripod Mount is available in FY12. The CSP's are needed for sustainment of the Non-Standard Tripod Mounts and to ensure interchangeability if a part was worn, lost, or destroyed. In order to maintain the Non-Standard Tripod Mounts in the field, replacement/repair parts must be compatible. As the Government does not have a competitive TDP for these parts, consequently they are also restricted to US Ordnance. 6. Efforts to Obtain Competition: The procurement action will be synopsized in FedBizOpps to alert interested contractors and subcontractors. 7. Actions to Increase Competition: A competitive TDP exists for the Standard M3 Tripod Mount, and a competitive long term contract was awarded to Sigmatec Inc. in January 2008. However, U.S. Army demand is significant and the current contractor, as of May 09 was behind in deliveries. According to the most recent delivery schedule, the earliest possible delivery of this requirement would be January 2012. Again, a competitive award of the U.S. Army Standard M3 Tripod would require a minimum of 120 days and would require first article testing. Delivery could not occur in less than XXX days after award. 8. Market Research: Market research was performed by the Security Assistance Management Directorate in September 2009. Federal procurement history was searched for successful producers of .50 caliber machine guns and for successful producers of machine gun tripod mounts. Security Assistance personnel then conducted extensive internet searches for tripod machine gun mounts and reviews of internet sites for the identified manufacturers of both machine guns and other types of mounts. No manufacturer was found to assert that they produced a tripod mount that would work with the standard US Army M2 Machine gun. In fact, no other tripod mount for a .50 caliber machine gun was found. Market research did not identify any other source of a Machine Gun Tripod Mount that would be interchangeable with the Standard M2 Machine Gun or the US Ordnance Non-Standard .50 caliber machine gun. US Ordnance has asserted that their commercial non-standard tripod mount, produced for use with their commercial .50 caliber machine gun, will also work with the standard M2 .50 caliber machine gun produced by General Dynamics. 9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 will be published any proposals received shall be considered. 10. Other Factors: Procurement History: Contract: W52H09-09-P-0329 Contractor: US Ordnance, Inc. Award Date: August 24, 2009 Competitive Status: Sole Source Authority: FAR 6.302 1 Control No.: ACA090081 Contract: W52H09-09-D-0270 Contractor: US Ordnance, Inc. Award Date: August 27, 2009 Competitive Status: Sole Source Authority: FAR 6.302-4 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: XXXXX Date: 1 September 2009 Title: Site Manager, SAMD 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: 1 September 2009 Title: Site Manager, SAMD Signature: //signed// 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. Certified cost and pricing data is not required for these commercial items in accordance with FAR 15.403-1(c)(3). Name: Elyse E. Ruefer Date: 2 September 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: 2 September 2009 Title: Contracting Officer Signature: APPROVAL CMO # 09-525 Based on the foregoing justification, I hereby approve the procurement of 417 each M3 Tripod Mount and 36 packages Contractor Spare Parts, at a total estimated value of $736,746.43, 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:__14 September 2009 Signature:___//signed//________________ LA RUTH SHEPHERD Competition Advocate