93431966 JA SPE7L122R0017 - FOIA Redacted_Redacted.pdf

CUI Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L122R0017

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

[X] ORIGINAL

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 required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Towbar, Motor Vehicle NSN 2540-01-6631639, P/N DP8080C 72 D

End item, weapon system, or class of item: The WSDC is HTM, Amphibious Combat Vehicle.

This item will be solicited as a Firm-Fixed-Price (FFP) contract for a quantity of 72 each with a 50% quantity option.

ESTIMATED BASE 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. 2304(c)(1) - Available from only one or a limited number of sources.

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

Defense Products and Services Group, Cage 73T77, P/N DP8080C

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:

[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.

CUI Designation Indicator Controlled by: [DLA Land & Maritime] Controlled by: [FLSC] CUI Category: SSEL (Source Selection) Distribution/Dissemination Control: FED ONLY POC: [joseph.peterson@dla.mil]

Per the Approved Cage-Part Numbers List available for subject NSN, only Defense Products and Services Group (Cage 73T77) has been identified by the Government to possess and have the rights to use the complete technical dataset and to have the appropriate manufacturing expertise to supply this NSN to DLA and the using military service. Acquisition from the currently approved source is required to maintain the quality of the part.

Product Specialist certified the technical data as correct in the last technical review of this item, conducted on 05/03/2022 and included as Attachment 1. No additional sources beyond those listed in the Approved Cage-Part Numbers List were identified. Based upon technical review, only the approved source has the complete technical data and manufacturing expertise to successfully manufacture this item for the Government and the using military service. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. There is no outstanding DLA Form 339 request for additional sources.

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

[X] The acquisition will be synopsized for 15 days prior to the solicitation opening. At the completion of the synopsis period, the Purchase Requisition (PR) will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[X] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

A Sources Sought notice, which included a market survey, was posted on the SAM.GOV web site from 04/19/2022 through 04/25/2022, with no responses received from interested sources. On the day that the solicitation is posted to DIBBS, a copy of the solicitation will be e-mailed to the approved source for this NSN.

Market research efforts are detailed in Section 8 below.

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 learning curve analysis. This is a firm fixed price contract for quantity 72 ea, with a 50% option. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than certified cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted 04/19/2022 to 06/17/2022.

Previous history reflects awards dating from April 2020 through December 2021. The previous procurements were under SAT, or a SEPA, and a J&A was not required.

Total number of vendors contacted: Three vendors were contacted, and a sources sought notice with an attached market survey was posted on Sam.gov.

Names of vendors contacted and responding: Market surveys were emailed to the approved source, Defense Products and Services Group (DPSG)(Cage 73T77) and

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.

As noted in Section 5, the last technical review of this item was conducted by Product Specialist on 05/03/2022 and no additional sources beyond those listed in the Approved Cage-Part Numbers List were identified. Based upon technical review, only the approved source has the complete technical data and manufacturing expertise to successfully manufacture this item for the Government and the using military service.

10. Sources indicating an interest in the acquisition:

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items

[X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

[X] Other: Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program. The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

12. Attachments:

Technical Review. Product Specialist certified the technical data as correct in the last technical review of this item, conducted on 05/03/2022, and included as Attachment 1.

J&A. Procurement history indicates awards dating from April 2020 through December 2021: The previous procurements were under SAT, or a SEPA, and a J&A was not required.

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.

Monica L. Whiting, Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate

WHITING.MONICA.

L.1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2022.08.04 08:59:21 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.08.09 11:43:27 -04'00'

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

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