4.0 XK21042003 SPE7LX21RX046 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX21RX046

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

[ X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis, pursuant to FAR 13.5.

3. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N ADQ ADV AMSC

Retainer, Suppressor 1005-01-599-7048 P/N 100116-003 2793 5/D

The Federal Supply Code (FSC) for this NSN is 10 (Weapons) which represents the commodity class of this item. This item is part of Weapon System Code C7N – Navy Expeditionary Programs. This Navy Program supports the U.S. Navy fleet by developing, delivering, and sustaining affordable, lethal combat capability. They also support the fleet in all efforts relating to documenting capability requirements, keeping abreast of enabling technologies, developing sustainable materiel solutions to address capability gaps, developing acquisition plans to close gaps, while delivering total life cycle systems management. There are seven primary programs:

Expeditionary Basing, Tactical Vehicles, Mobile Mission Support, Construction Equipment, and Industrial Production & Handling.

This item is an accessory for the M16/M4 rifles in inventory. It threads on/attaches to the end of the rifle barrel. This would replace the existing flash hider on an issued rifle providing much better flash reduction when the rifle is fired. The design allows the Special Operations Command (SOCOM) issued sound suppressor to attach to the rifle. The sound suppressor(silencer) simply slides over the flash hider and secures to it. The flash hider and sound suppressor are all a part of “Signature Reduction”. It encompasses everything from sound and flash; to dust and vegetation movement created when firing, thermal emissions, IR reflectivity etc... The goal being to hide our forces as well as possible from enemy observation and targeting.

The proposed action is for the solicitation and award of a three (3) year base period, firm fixed price Indefinite Delivery Contract (IDC) with two (2) separately priced one year option periods.

The estimated contract values are listed below:

Total Annual Demand Value (ADV) 5-year value (Base + Options) Maximum Contract Value Minimum Contract Value

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

The supplies needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

NSN 1005-01-599-7048 Surefire, LLC (0BJZ8) P/N FH556RC-1/2-28

This NSN has an AMC/AMSC code of 5 / D

The use of the authority cited below:

AMC 5 - Acquire directly from the sole source contractor, who is not the manufacturer.

The use of the authority cited is based on:

AMSC D - The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid. Surefire, Inc. is the only source that has the complete and adequate technical data/data rights for this item. To ensure continued integrity of the item, procurement is restricted to SureFire, as they are known to have the required experience and capability.

Past contracts have been awarded to dealers who have provided this NSN from the approved source, Surefire. If the approved source should be awarded a contract for this NSN, the AMC/AMSC could be updated to 3 D (3 = Acquire, for the second or subsequent time, directly from the manufacturer).

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

The acquisition will be synopsized on or about 05/29/2021 with the solicitation posted for 14 days.

A Sources Sought notice was posted on betaSAM.org from 3/23/2021 to 3/30/2021 with no response received from an interested vendor(s).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. This will be a three (3) year, firm fixed price commercial Indefinite Delivery Contract (IDC), with two (2) separately priced one year option periods. There is no expectation of competition as there is only one approved source.

Certified Cost or pricing data will not be required since this is a commercial solicitation. A subcontracting plan will not be required as it is a Small Business Set-aside and no large business quotes are anticipated.

Other than certified cost or pricing data may be requested to determine price reasonableness. The Pricing office may be utilized to review commercial pricing at time of evaluation.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted between 2/11/2020 – 2/23/2021 and 3/10/21 -3/29/21.

Total number of vendors contacted: 4 Names of vendors contacted:

SureFire, LLC (0BKZ8) Small business, sole approved source Atlantic Diving (1CAY9) Small business dealer Quantico Tactical, Inc. (80MP4) Service-Disabled Veteran Owned Small Business dealer [is also listed In SAM as H-Squared (3E4Q7) (see screenshot) Tactical & Survival (0UWS0) SDVOSB dealer

Techniques used to conduct survey:

Each vendor was emailed a market survey, spreadsheet, and information about cost data.

Types of information requested:

Size of business; # of employees; Dealer vs. Manufacturer; interest in a long-term contract – and the length of contract; commerciality of item(s); participation in providing cost data; any production limitations – i.e., minimum delivery quantities, phased delivery etc.

Buyer of record sent out follow up emails to the vendors that did not return the original market surveys sent out in February.

Summary of information received:

SureFire, Inc (0BJZ8) A Small business manufacturer of 309 employees is interested in a LTC for this NSN.

. They stated that this item is not commercially available to the public. SureFire indicated that they would quote on this solicitation and provide pricing to their dealer to quote.

ADS, Inc. (1CAY9) A Small business dealer of 420 employees. They are a distributor for SureFire, Inc.

they indicated that they would be interested in pursuing a LTC for this item, ADS states this item is commercial and is willing to provide documentation. They provided two links to websites where this NSN was listed.

Quantico Tactical (80MP4) is a Service-Disabled Veteran Owned small business dealer, who was awarded the most recent AIDC for this item. Despite a phone call and numerous emails , with Quantico Tactical, they did not return the market survey. They are also listed in betaSAM as H-Squared (3E4Q7), who also has been awarded contracts in the past. They will be included in the bidders list to receive notification of the solicitation.

Information received regarding the commerciality of the item(s):

An internet search did not reveal this NSN for sale on any GSA schedule. DLA Value Management Operations (VE) verified that there are currently no projects for this NSN.

Based on the website information provided by ADS, Inc., the Contract Specialist contacted SureFire, Inc.

SureFire learned from Naval Surface Warfare Center (NSW), Crane Division; that the FH556RC-1/2-28 had been turned over to the DLA for procurement. In the past, SureFire only sold to SOCOM / NSW Crane. SureFire also sold these to OEM weapon manufacturers that had a requirement for the FH556RC-1/2-28, and SOCOM units directly. This item is attached to the muzzle of a gun to reduce the visible signature while firing by cooling or dispersing the gases that exit the muzzle. The primary use is to reduce the chances the shooter will be blinded in low-light shooting conditions. The secondary benefit is the reduction of flash visible to the enemy in military use. Competition shooters use this item to control weapon recoil, making it easier and faster to engage targets.

This increases their shooting efficiency. This item also reduces sound, offering hearing protection for the shooter. There are some states that do not allow suppressors on civilian weapons. Their newest price sheet and their website shows this item is now available to retail customers. At the time this writing, SureFire’ s website indicates to contact a dealer for this item. This indicates the item is out of stock, but it will be available to be ordered directly on the website. Per the Product Specialist, this item can be used on both commercial and military versions without modification. Using unapproved parts could potentially compromise the normal operation/function and safety of the item and the end user. Based on review of this information, the Contract Specialist, with concurrence from the Contracting Officer, has determined this item commercial of a type. The Product Specialist was contacted, and this information was updated in EBS.

9. Additional facts supporting other than full and open competition are:

Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is:

SureFire, LLC (0BKZ8) Small business, sole approved source Atlantic Diving (1CAY9) Small business dealer

11. The following actions are being taken to identify additional sources:

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items For NSN 1005-01-599-7048, the previous contracts were under Simplified Acquisition Procedures (SAP) and a J&A was not required and contract was not synopsized.

The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for this item to be competitive.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

Alicia Barrowman / Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

BARROWMA

N.ALICIA.A.1

368987251

Digitally signed by

BARROWMAN.ALICIA.

A.1368987251 Date: 2021.04.27 09:43:59 -04'00'

SHEARER.M

ARY.E.12507

02449

Digitally signed by

SHEARER.MARY.E.1

250702449 Date: 2021.04.27 14:56:34 -04'00'

[ X ] $750,000 to $15,000,000 Competition Advocate