4.2 CL23079003 JA Redacted 2 Post.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24R0005

Source Selection Information SEE FAR 2.101 & 3.104

[ 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. This indefinite quantity contract (IQC) solicitation shall be a firm-fixed price (FFP) long-term contract (LTC) under FAR Part 12-Acquisition of Commercial Items, which includes a three-year base with two one-year option periods.

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

CLIN NSN ITEM UNIT AMC AMSC ADQ ADV

0001 4910-01-038-2820 Inflator-gage, Pneum EA 3 C 2136 0002 4910-01-143-7915 Inflator-gage, Pneum EA 3 D 255 0003 4910-01-668-5017 Parts Kit, Inflator EA 3 C 2337 0004 4910-01-692-5855 Inflator-gage, Pneum EA 3 B 1279

Identify end item, weapon system, or class of item: These items are used on military vehicles – Mine-Resistant Ambush Protected (MRAP), ambulances and aircraft

ESTIMATED ANNUAL VALUE: $

ESTIMATED TOTAL VALUE (BASE + OPTIONS): $

MAXIMUM CONTRACT VALUE: $

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

[ X ] 10 U.S.C.3204 (a)(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:

CLIN NSN Cage MANUFACTOR Part Number

0001 4910-01-038-2820 94894 MILTON INDUSTRIES, INC 19-G1-506

0002 4910-01-143-7915 94894 MILTON INDUSTRIES, INC 1075

0003 4910-01-668-5017 94894 MILTON INDUSTRIES, INC 17-6F-506

0004 4910-01-692-5855 94894 MILTON INDUSTRIES, INC 19-F1-506

The use of the authority cited below:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

AMSC B. 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.

For CLIN 0004, 4910-01-692-5855, Milton Industries is the only approved manufacturing source specified on the source control drawing. The limited availability of sources for an item coded with an AMSC of “B” indicates the item(s) is identified with an increased level of criticality therein requiring a high degree of production and manufacturing fidelity. AMSC code is subsequent technical direction to acquire this item directly from the manufacturing source(s) specified on the source control drawing. This does not preclude offers from dealers; it means the manufacturing sources are restricted to the approved sources on the source-controlled drawing. Any supplier not listed as an approved source on the source-controlled drawing for the Military parts would need to seek source approval through the U.S. Army Tank-automotive and Armaments Command (TACOM) Competition Management Office to be added to the drawings after approval.

AMSC C. This part requires engineering source approval (ESA) by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid.

For CLINS 0001, 4910-01-038-2820 and 0003, 4910-01-668-5017, the Government does not have the data or knowledge that is essential to maintain the quality of the part. Milton Industries is the only known source to possess the requisite rights to technical data for these items and only known approved source for these items.

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.

For CLIN 0002, 4910-01-143-7915, the Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. For this NSN, only Milton Industries, possess the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture the item and the only approved source listed for this NSN.

Based upon the technical certification by the DLA Land and Maritime Product Specialist dated 9/21/2023, all means to obtain a technical data package adequate for manufacture of these items have been exhausted;

see Att. #1- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for these NSNs and verified the approved source(s). There are no pending 339s with the Engineering Support Activity (ESA) for any of the NSNs.

These items are similar to commercial items but are modified for Military use. The Product Specialist provided the following information provided by TACOM about some of the unique military features/modifications needed for military use:

Rugged design hoses Mitigation of explosive injury, allowing personnel to be at safe distance Variation/kits to service all ATV & Combat wheeled ground vehicles Tested to be drop/shock resistant Artic environment compliant materials Patent-pending inflator block integrated deflator valve feature

Only OEM Milton Industries’ parts have been approved for military use on the Military weapon systems;

these parts are designed, engineered and tested to meet the required performance characteristics specifically for the Military

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

[X] A sources sought notice was issued on Sam.gov on 4/17/23, for a period of five business days

[X] The acquisition will be synopsized on or about December 7, 2023, for a period of 15 days.

[X] Solicitation will be posted on the DLA Internet Bid Board System (DIBBS) for a period of 30 days

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history will be reviewed, and price analysis will be performed. It is the Contracting Officer’s determination that this item falls under the commercial item definition at FAR 2.101. Because this item is considered commercial, Certified Cost and Pricing Data (CCPD) is not required per FAR 15.402-1(b)(3). In addition to price analysis, the Contracting Officer may use similar item market prices (i.e., comparison based on marketplace or offers/pricing to other customers) and/or informal cost information for making a fair and reasonable price determination.

8. Market Research/Efforts to Obtain Competition [10 U.S.C. 3204 (e)(2)(D)]:

On 4/17/23, a sources sought notice was issued with a response date of 4/24/2023, on the Sam.gov website in order to seek out and encourage additional sources and vendor participation. No Responses from additional vendors were received at the closure of this notice. A market survey was sent to the approved source – Milton Industries (94894) and Aeroforce Logistics (7K6J5). The market survey asked these companies to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, and asked information regarding FOB and zones. A summary of the responses received is below:

CUI

Milton Industries (94894)

They are small business manufacturer of 120 employees

Milton does not consider these items commercial

Aeroforce Logistics, LLC (7K6J5)

They are an SBA certified WOSB/EDWOSB dealer with 10 employees They are a dealer for the approved source, Milton Industries Is interested in a long term contract for these items

Aeroforce does not consider these items commercial

Information regarding the commerciality of these items:

CLINs 0002 and 0003 were previously determined commercial of-a-type in accordance with FAR

2.101 (3)(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.

9. For CLINs 0001 and 0004, the DLA Land and Maritime Product Specialist and the US Army Engineer provided information to help determine both these NSNs commercial of-a-type. Air pressure gauges measure the pressure of air in a pneumatic system. These air pressure gauges are similar to items used in many industries – automotive, aerospace and manufacturing. Based on market research of pneumatic tire gauges and review of similar items in the commercial market, the Contracting Officer has determined that these items are commercial items of-a-type. Additional facts supporting other than full and open competition are:

Tech review was completed on 9/21/2023 and stated all means to obtain a technical data package adequate for manufacture of the item has been exhausted. During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSN. Confirmation of sources for the NSNs were also completed and determined to be acceptable. No other sources or adequate technical data could be identified. 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: (If none, so state)

Milton Industries (94894) Aeroforce Logistics (7K6J5)

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

The solicitation contains the following Procurement Notes for CLINs 0001, 0002 & 0003:

L04 Offers for Part Numbered Items M06 Evaluation of Offers for Part Numbered Items

The solicitation contains the following Procurement note for CLIN 0004:

L22 Restriction of alternate offers for source-controlled items

12. In accordance with DFARS PGI 206.304, the buyer searched the previous awards listed in the contract history in Records Management in E-procurement for previous J&A's and was able to locate the J&As for CLINs 0002, 0003 & 0004. There were no J&A’s found for CLIN 0001, as the previous procurement was under Simplified procedures and did not require J&A. See Att. #2, #3 & #4.

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

Brandy Warner/ Contracting Officer

WARNER.BRA

NDY.DANIELL

E.1251897880

Digitally signed by

WARNER.BRANDY.D

ANIELLE.1251897880

Date: 2023.12.08 14:12:21 -05'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is $

Competition Advocate

Head of the Contracting Activity (HCA)

Attachments:

Att. #1 – Tech Certification Att. #2 Prev J&A NIIN 016925855 Att. #3 Prev J&A NIIN 016685017

Att. #4 Prev J&A NIIN 011437915

DAPO.DOUG

LAS.A.123022

Digitally signed by

DAPO.DOUGLAS.A.123

0220014 Date: 2023.12.27 13:16:55 -05'00'

CONTRERAS.C

ATHERINE.L.12

29386472

Digitally signed by

CONTRERAS.CATHERINE

.L.1229386472 Date: 2023.12.29 08:06:17 -05'00'