22Q0054_NONCOMP_Redacted.pdf

J&A Number: CR-21266 Code: 0233

PR Number: N0016422Q0054

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Crane Division, Expeditionary Integration Contracting Branch, Code 0233.

2. Description of the Action Being Approved

The use of other than full and open competition to award a five (5) Year Firm-Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) supply contract for parts and components of the Ultra-Light Tactical Vehicle (ULTV) MRZR-Alpha 4. The IDIQ contract will be solicited on a brand name only basis and award will be made to Polaris Sales, 2100 Highway 55, Medina, MN 55340 CAGE Code 3FP69 or one (1) of their authorized distributers.

3. Description of Supplies/Services

This procurement is for the purchase of parts and components in support of the United States Marine Corps (USMC) Program Manager Light Tactical Vehicle (PM LTV) ULTV program.

The parts and components are MRZR4-Alpha spare parts, component replacement parts, and hardware to support sustainment. The parts and components that will be procured include but are not limited to to parts: Tiedown Provision 5k Will, Seat Release Passenger, ASM Seatbelt MNT BLK, Control Arm Rear Left Hand.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The estimated dollar value of this action is $2,000,000 as tabulated below. The estimate is 100% supplies.

Estimated Dollar Value

FY 22 FY23 FY24 FY25 FY26 Total O&M, N

PMC

Total

IN REPLY REFER TO:

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

NCH 53.6-2

NSWC Crane is also tasked with developing classroom and range training curriculum, training aids, repair/maintenance curriculum, and quick reference cards used by Field Service Representatives to train in operation and repair of the MRZR-Alpha 4. If parts other than those from OEM were used in the MRZR-Alpha 4, all published training and classroom material would need to be revised and updated to include the new parts and then be redistributed to the Fleet. The new training and classroom material would also have to go back through the review process and be evaluated and approved by

r. also utilizes several inventory databases to track inventory and repair history that would have to be updated to include nomenclature and part numbers of the substituted parts. The Government estimates an additional cost of and months of time to develop, revise, and approve all training curriculum, training aids, repair/maintenance curriculum, and quick reference cards.

The following table is the estimated cost and length of time required to complete the certification and testing requirements, safety testing, and revise/update the training curriculum, if another source is selected.

Description Dollar Months Transportation Test Aircraft Certification Safety Analysis Training Curriculum

Total

The estimated cost above is so significantly high that it will not be recouped through competition from any source other than Polaris or an authorized distributor. In addition, the length of time to perform the certification and testing requirements for alternate parts for the vehicles are unacceptable, as a -month delay would negatively impact program schedules.

No other type of supplies will satisfy agency requirements because the MRZR-Alpha 4 vehicles were specifically designed and tested with Polaris OEM parts. In addition, there is additional risk to the program, recognized by the possible infiltration of aftermarket parts in meeting the agency’s requirements. The use of aftermarket parts will void any remaining warranty from the original vehicle purchase and require additional in-depth engineering analysis, evaluation, and testing regime of all parts and components of the MRZR-Alpha 4 prior to fielding. The use of aftermarket parts other than those from the OEM, will increase potential systemic failure of other OEM parts, which would significantly increase failure rates and cost to maintain MRZR-Alpha 4 vehicles.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

A Request For Information (RFI)/Sources Sought was issued on 26 May 2021. There was one

(1) response to the RFI by inquired about a requirement unrelated to the subject action. The Government provided no response.

NCH 53.6-2

Additionally, the proposed contract was synopsized on sam.gov on 6 June 2021 as required by FAR 5.201. The Government received no response. Polaris, Inc. is the OEM of the MRZR- Alpha 4. The Brand Name only acquisition strategy used allows both OEM and authorized distributors of OEM parts to compete on the requirement. Market research indicates that both large and small business providers of these parts are available and will allow competition between those sources. It is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Polaris, Inc. or authorized distributors of Polaris parts to provide the required supplies.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. The contracting office will use commercial price analysis, including the use of historical pricing for similar items and the published commercial price list for the MRZR-Alpha 4 to determine a fair and reasonable price. This information should be sufficient to support the fair and reasonable cost determination of this procurement.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC Crane has no plans at this time to compete future contract for the types of supplies covered by this document. If another potential source emerges, NSWC Crane will assess whether competition for future requirements is feasible.

The following document is an attachment to this J&A.

Enclosure 1: Master Parts List

NCH 53.6-2

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE

Phone No. Date

REQUIREMENTS COGNIZANCE

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Kelly Siffin Date