Final_LSJ 47QSWC25K0045 Atlas 5 Cargo Loaders_Redacted_09-18-2025.pdf

General Services Administration

Federal Acquisition Service (FAS), General Supplies and Services (GSS), Assisted Contracting Branch B

Combined Limited Source Justification (LSJ) and Single Source Justification (SSJ)

I. IDENTIFICATION OF THE AGENCY, CONTRACTING ACTIVITY, AND

SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “LIMITED-SOURCE

JUSTIFICATION”:

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) General Supplies and Services (GSS) Assisted Contracting Branch B 819 Taylor St.

Fort Worth, TX 76102

Requiring Activity and Address: United States Army, Tank Automotive and Armaments Command (TACOM) Security Assistance Management Directorate

(SAMD)

Soldier PSID FMS Team 10 General Green Ave, Building 3 Room 103 Natick, Massachusetts, 01760

Acquisition PIID: 47QSWC25K0045 Description of Requirement: Atlas 5, 50K Cargo Loader, Spare Parts and Training Procurement Vehicle: Multiple Award Schedule (MAS)

MAS Contractor: Wright & Wright CO, Inc. (W&W)

MAS Contract Number: GS-07F-0564W

MAS GSA Category/Special Item Number (SIN):

333924, titled: Utility Trucks and Tractors

Primary NAICS:

333924, titled: Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing

Product and Service Code (PSC) 1730 Aircraft Ground Servicing Equipment

Estimated Delivery Days ARO 270 days after receipt of order

Estimated Value: (not including GSA fee)

Estimated Open Market Value: (approximately 11% of total estimated value)

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is to request the approval of a single award, firm-fixed price, limited source justification (LSJ) for the supply of four (4) Atlas 5, 50K Cargo Loaders, spare parts and in-country training, on behalf of the United States Army, Tank Automotive and Armament Command (TACOM), Solider Product Support Integration Directorate (PSID) located in Natick, MA, for the Government of Israel.

TACOM has a fully implemented and funded Foreign Military Sales (FMS) Letter of Offer and Acceptance (LOA) for the Government of Israel, designated Case Designator for the Atlas 5 Cargo Loaders, spare parts and in-country training under the Arms Export Control Act (22 U.S.C. Chapter 39) and authority cited under FAR 8.405-6(a)(1)(i)(B), DFARS 225.7304, and 41 USC 3304(a)(4).

This LSJ serves to support the procurement as a limited source award for deliverables manufactured by JBT Corporation and distributed by Wright & Wright CO, Inc. (W&W) It is anticipated that this delivery order will be awarded against W&W’s Multiple Award Schedule (MAS) contract, GS-07F-0564W which expires July 27, 2030 (ultimate contract end date), in accordance with FAR 8.405-6(a)(1)(i)(B), Only One Source is Capable.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE):

Original Equipment Manufacturer

(OEM)

Manufacturer's Part Number

Brief Product Description

JBT Corporation ATLAS 5 Atlas 5, 50K Cargo Loaders

JBT Corporation N/A – Open Market

2 Year Spare Parts package

N/A

N/A – Open Market In-country Training

Total Estimated Value: Funds are available for obligation within FY25.

IV. THE AUTHORITY AND SUPPORTING RATIONALE (SEE 8.405-6(a))(1)(i) AND

(b)(1)) AND, IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE

REQUIRED SUPPLY OR SERVICE:

This acquisition will be conducted under the authority of the MAS Program, FAR 8.401. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C. 501, Services for Executive Agencies.

The United States Government (USG) proposes to sell to the Government of Israel, through a Letter of Offer and Acceptance (LOA) under the Foreign Military Sales (FMS) program, case designator pursuant to the Arms Export Control Act (22 U.S.C. Chapter 39) and the authorities cited under FAR 8.405-6(a)(1)(i)(B), DFARS 225.7304, and 41 U.S.C. § 3304(a)(4).

No other comparable or similar products meet the requirements of the requesting government.

In accordance with DFARS 225.7304, FMS customers may specify brand names or request that a defense article or service be acquired from a particular contractor. Furthermore, 41 U.S.C. § 3304(a)(4) provides that the terms of an international agreement or treaty between the U.S.

Government and a foreign government may necessitate the use of procedures other than full and open competition.

The Contracting Officer has verified that the LOA meets the criteria that permit the requesting country to specify a particular contractor and brand name. In this case, the LOA designates Wright & Wright as the contractor responsible for supplying the Atlas 5, 50K Cargo Loader. As such, the Contracting Officer is obligated to honor the agreement between the USG and the Government of Israel.

Please refer to Section III of this justification for a detailed list of items identified in the LOA.

This acquisition will be executed under the Multiple Award Schedule (MAS) Program, specifically through GSA Special Item Number (SIN)/Category 333924, titled Utility Trucks and Tractors. Pursuant to FAR 8.405-6(a)(1)(i)(B), an exception to competitive procedures is permitted when only one source is capable of providing the required supplies or services at the necessary level of quality due to their unique or highly specialized nature.

The requirements outlined in the LOA with the Government of Israel explicitly limit procurement to specific cargo loaders that are only available through W&W. W&W is the sole source capable of delivering the required supplies at the quality level necessary to fulfill the LOA, as the equipment is both unique and highly specialized and capable of meeting the requirements specified in the LOA. Therefore, in accordance with FAR 8.405-6(a)(1)(i)(B) and DFARS 225.7304, procurement from a single source is fully justified.

In accordance with FAR 8.405-6(a)(2)(i), this LSJ will be posted to SAM.gov within fourteen

(14) days of award for a minimum of thirty (30) days.

V. A DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING

OFFICER THAT THE ORDER REPRESENTS THE BEST VALUE

CONSISTENT WITH FAR 8.404(d):

A best value determination will be conducted and documented prior to award. Additionally, prior to awarding the delivery order, the Contracting Officer will seek price reductions from W&W under their MAS contract, GS-07F-0564W in accordance with FAR 8.405-4. Any quote submitted by W&W will be reviewed to ensure pricing and terms are in accordance with their MAS contract.

In accordance with FAR 8.404(d) Pricing, GSA has already determined the prices of the supplies and fixed-price services under Schedule contracts to be fair and reasonable. However, the Department of Defense (DoD) has issued Class Deviation 2014-00011, dated March 13, 2014, whereby the Contracting Officer is responsible for making a determination of fair and reasonable pricing for orders/BPAs using the proposal analysis technique outlined in FAR 15.404-1.

Because this requirement is limited to one source, the Government will be utilizing at least two

(2) methods by which to determine pricing submitted by W&W to be fair and reasonable. These techniques include, but not limited to the following:

● Requesting recent commercial and Government sales history

● Direct competitive pricing comparisons

● Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

VI. A DESCRIPTION OF MARKET RESEARCH CONDUCTED AMONG

SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE

REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research was conducted in accordance with FAR Part 10 to determine the availability of the items identified in the LOA. Market research revealed the requested items were not available through AbilityOne, UNICOR, or Interagency Contract Directory Portal. Market research did reveal the required items were available on GSA Advantage! website under the MAS Program through W&W’s MAS contract GS-07F-0564W.

VII. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

For administrative convenience, FAR 8.402(f) permits a contracting officer to include items not listed on the Federal Supply Schedule (FSS)—commonly referred to as open market items—on an FSS delivery order. Since W&W does not have all required spare parts and training services listed under their Schedule contract, and the LOA designates W&W as the contractor, all items awarded must be procured through W&W.

The Government anticipates that the total value of the open market items will not exceed $7.5 million, with an estimated value of . To streamline the acquisition process, the sole source justification (SSJ) for the open market portion is addressed within this document. The authority cited for this justification is FAR 13.106-1(b), which allows for solicitation from a single source and is applicable to the open market costs.

Acquisitions made under the FSS using simplified acquisition procedures are exempt from the requirements of FAR Part 6; therefore, the requirement for full and open competition does not apply, in accordance with FAR 8.405-6(a) and FAR 13.501(a)(1). Required approvals at the appropriate levels are being obtained in accordance with FAR 13.501(a)(2)(ii) and FAR 8.405- 6(d)(4).

VIII. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE

RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:

Until it is determined these required items no longer satisfy the terms of the LOA between the US Army and the Government of Israel, the Atlas 5, 50K Cargo Loader must continue to be procured as a brand name through W&W. To ensure compliance with the LOA and address evolving requirements, TACOM will actively evaluate potential other suitable items or contractors through ongoing market research and assess the changing needs of the Government of Israel.

TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the facts and presentations under my cognizance, which forms a basis for this justification and its supporting acquisition documents, except as noted herein are complete and accurate to the best of my knowledge.

Date Logistics Management Specialist

TACOM/SAMD

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

The contracting officer has determined that the appropriate actions taken under this acquisition meet the conditions described in FAR 8.405-6(a)(1)(i)(B). The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

, Date Contracting Officer, Assisted Contracting Branch B (QSCBDA)

APPROVALS:

One Level Above, Assisted Contracting Branch B (QSCBD)

Acting Director, Special and Assisted Contracting Division (QSCB)

Operational Guidance Branch SME (QSA)

Senior Assistant General Counsel (LP) er Date Acting, Competition Advocate (QSA)

APPROVAL AUTHORITY CERTIFICATION

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR 8.405-6(a)(1)(i)(B) is justified. The signature below also represents approval of this Justification and Approval.

Contracting Executive (QSC), Delegated HCA Authority