SOLICITATION NOTICE
10 -- NSN: 1095-01-526-7860, FN303 FIRING DEVICE - Justification and Approval (J&A)
- Notice Date
- 3/29/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 332994
— Small Arms Manufacturing
- Contracting Office
- TACOM Contracting Center - Rock Island (TACOM-CC), ATTN: AMSTA-AQ-AR, Rock Island Arsenal, Rock Island, IL 61299-7630
- ZIP Code
- 61299-7630
- Solicitation Number
- W52H09-10-R-0011
- Archive Date
- 4/28/2010
- Point of Contact
- Cassi Haynes, 309-782-4580
- E-Mail Address
-
TACOM Contracting Center - Rock Island (TACOM-CC)
(cassi.haynes@us.army.mil)
- Small Business Set-Aside
- N/A
- Award Number
- W52H09-10-D-0125
- Award Date
- 3/3/2010
- Description
- W52H0910D0125 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CONCURRENCE SHEET CMO # 10-010 CONTROL No. ACA100004 Program/Equipment: FN 303 Firing Device End Item Authority: Far 6.302-1(a)(2) Amount $3,815,000.00 Prepared by: Typed Name: Susan Legner DSN: 793-2810 Title: Contract Specialist Date:22 OCT 2009 PCO: Typed Name: Elyse E. Ruefer DSN: 793-5789 Title: Contracting Officer Date:23 OCT 2009 Technical: Typed Name: Jeff Windham DSN: 793-8162 Title: Ch, Small Cal Sys Br Date: 22 OCT 2009 Requirements:Typed Name: Thomas J. Tkatch DSN: 793-7616 Title: Ch, Wpns Spt Group Date: 22 Oct 09 COORDINATION: AMSTA LR Caridad Ramos//s//_____22OCT09____ (concur) (signature) (date) JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 10-010 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, 5-year, Indefinite Delivery, Indefinite Quantity (IDIQ) type contract with FN Manufacturing LLC (FN). Award is projected for the 2nd Quarter FY 10 and Army Working Capital Funds (AWCF) 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: FN303 Firing Device, NSN: 1095-01-526-7860, Minimum Guaranteed Quantity is 1,500 each; Maximum Contract Quantity is 5,000 each. The estimated value is $3,815,000.00. 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 as FN is the developer and sole manufacturer of the FN303. The FN303 is a non-lethal weapon utilized for crowd/riot control. A Government TDP is not available. No qualification procedures are available. According to ARDEC Engineering, to establish qualification procedures as required by the FAR to compete this item would result in an estimated engineering cost of approximately $50,000 and consume approximately 18 months of effort. Additionally, reverse engineering would consume approximately 48 months and cost approximately $4,000,000. In order to maintain functionality and interchangeability with existing assets, sole source procurement for FN is necessary. Failure to maintain interchangeability and functionality may result in failure of function of the FN303, thus resulting in harm to the user. 6. Efforts to Obtain Competition: This procurement action was synopsized on October 22, 2009 in the FedBizOpps to alert interested contractors and subcontractors. 7. Actions to Increase Competition: Due to prohibitive cost to develop a competitive Technical Data Package, no further actions are being taken. Future requirements will be publicized via FedBizOps. 8. Market Research: Market research was conducted on May 12, 2009 by the Government Engineer specifically assigned to this project. The resources included colleagues who are experts in the small arms manufacturing, design and acquisition. The research resulted in a determination that these items are Commercial Off-The-Shelf (COTS) involving proprietary technology unique to FN and no other product(s) meets the same need to maintain interchangeability. 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: W52H0908C0089 Contractor: FN MANUFACTURING Award Date: 02 MAY 2008 Competitive Status: Sole Source Authority: FAR 6.302 1(a)(2) Control No.: ACB070096 Contract: W52H0906P0639 Contractor: FN MANUFACTURING Award Date: 29 SEP 2006 Competitive Status: Sole Source Authority: FAR 13.106 1(B) 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: 22 October 2009 Title: ActCh, Small Caliber Sys Br 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: 22 October 2009 Title: Chief, Wpns Supt Grp 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 commercial price lists and price analysis. Certified cost or pricing data will not be required IAW FAR 15.403-1(b)(3). Name: ____Elyse E. Ruefer___ ___ Date: 23 October 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 October 2009 Title: __Contracting Officer__ ___ Signature: APPROVAL CMO # 10-010 Based on the foregoing justification, I hereby approve the procurement of the FN303 Firing Device End Item with a total estimated value of $3,815,000.00, 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: 26 October 2009_ SIGNATURE:_//signed//_______________ LA RUTH SHEPHERD Competition Advocate
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