4.1 J&A Redacted ~ 5772.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L3-18-R-X070

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

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.

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

BRIEF DESCRIPTION NSN ANNUAL

DEMAND QTY

ESTIMATED ANNUAL

VALUE

AMC /

AMSC

Brake Shoe 2530-01-474-5772 616 $172,473.84 3 / D

ESTIMATES:

3 YEAR (BASE) ESTIMATED VALUE: $ 517,421.52

5 YEAR (TOTAL) ESTIMATED VALUE: $ 862,369.20

MAXIMUM CONTRACT VALUE: $ 862,369.20

Identify end item, weapon system, or class of item:

MINE RESISTANT VEHI (TAMCN: D00237)

MINE RESISTANT VEHI (TAMCN: D00257K) (MRAP)

COUGAR CAT II SURGE

TRUCK TRACTOR, ARMOR

TRUCK,ARMORED,XLWB

TRUCK TRACTOR,7 TON

TRUCK, WRECKER, ARMOR

TRUCK, HEAVY EXPANDED MOBILITY TACTICAL (HEMTT)

NAVY EXPEDITIONARY PROGRAMS

MINE RESISTANT VEHI (TAMCN: D00407)

BAE GDLS-CAT 1 (RG31A3 EM)

THIS WILL BE THE PARENT WSDC FOR ALL ARMY MRAP

WSDCS

JOINT EOC RAPID RESPONSE VEHICLE (JERRV) RCV (MRAP)

MRAP BAE RG33 SV (SOCOM)

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.

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

Bendix Commercial Vehicle Systems (06853) P/N: SB4709S21180 the only known sources for this item.

There is no indication that the ESA has a pending source request.

The use of the authority cited is based on:

Product Specialist confirmed the AMC/AMSC coding of 3/D is correct for this item;

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

(X) 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.

A review of the document availibility code reveals that the drawings for this items cannot be made available to the gereral public and manufacturer Bendix Commercial Vehicle Systems (06853) are uniquely qualitied to manufacture this item because they are the only owners of the technical drawings and data at this time.

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

(X) The acquisition was synopsized on 09/28/18.

(X) Dealers of the manufacturer will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted on FedBizOpps, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for NSN 2530-01-474-5772. The Sources Sought Notice was posted on 08/02/18, with a response date of 08/08/18. No response was received.

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

A market survey was conducted on/during 08/02/18 – 08/08/18 Total number of vendors contacted: 3.

Names of vendors contacted and responding: Cavanaugh Government Group (5UY76), Pines Automotive (3B0Y2) and Dion International Trucks (75059) Techniques used to conduct survey: Emailed survey form to dealer of the Approved Source.

Types of information requested: Business size, delivery, commerciality, hazardous material, FOB, Inspection, minimum quantity, available cost and pricing data.

Summary of information received: Pines Automotive (3B0Y2) and Cavanaugh Government Group (5UY76) are dealers for Bendix Commercial Vehicle System (06853) they believe that this is commercial item but don’t have any documentation that it is commercial form the OEM.

Information received regarding the commerciality of the item(s): The proposed action is for the solicitation and award of a 5 year, Firm-Fixed-Price, Indefinite Delivery Contract (IDC) using FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items. Brake, Disc, Pack Assembly are in all diesel vehicles, function and physical characteristics are consistent regardless of size variations. Fit and size are customarily available in the commercial marketplace. Based on the market research conducted, the contracting officer has determined that the item(s) to be solicited against subject solicitation are commercial of a type in accordance with subsection (3) Any item that would satisfy a criterion expressed in paragraphs (1) or (2) of this definition, but for—

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor; of the commercial item definition in FAR 2.101

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

(X) 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: Pines Automotive (3B0Y2) and Cavanaugh Government Group (5UY76)

Land and Maritime PROC Notes L04 and M06, Conditions for Evaluation and Acceptance of Offers for part Numbered Items will be included in the solicitation.

Subject NSN has an AMC/AMSC of 3/D, and was verified by the Product Specialist which means Suitable for competitive acquisition for the second or subsequent time. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid. At this time, the requirement/guidance in PGI 206.304 has been fulfilled.

NSN 2530-01-474-5772

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

Contracting Officer Date

John Tubbs Typed name of Contracting Officer

Competition Advocate Date

Typed name of Competition Advocate

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2018.09.28 13:37:37 -04'00'