CL20323003 J and A Redacted.pdf

For Official Use Only Source Selection Information

See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-X019

[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.

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

This project will allow for continued support to the Global Tire Program (GTP). The scope of this solicitation and resulting contract(s) is GTP contractor and Government supply support for part-number ground tires.

This solicitation is being issued under the authority of 10 U.S.C. §2304 (c)(1) and FAR

6.302 -1(a)(2) and contemplates the award of a contract for items of supply that are available from only one or a limited number of responsible sources. The Government will pursue a long-term, firm-fixed price, Indefinite Delivery Contract (s) for 24 NSNs.

Contract Line Item Number

(CLIN)

National Stock Number (NSN) Item Name

Acquisition Method Code

(AMC) /

Acquisition

Method Suffix Code (AMSC) Current Price

Annual Demand Quantity

(ADQ)

Annual Demand Value (ADV) 3-Year Value Contract Maximum Minimum

0001 2610000211961 TIRE,PNEUMATIC,VEHI 1/C 39

0002 2610000608905 TIRE,PNEUMATIC,VEHI 1/C 4

0003 2610000608906 TIRE,PNEUMATIC,VEHI 1/C 14

0004 2610001394597 TIRE,PNEUMATIC,VEHI 1/C 164

0005 2610002270353 TIRE,PNEUMATIC,VEHI 1/C 2

0006 2610002945392 TIRE,PNEUMATIC,VEHI 1/C 152

0007 2610002949485 TIRE,PNEUMATIC,VEHI 1/C 14

0008 2610005287138 TIRE,PNEUMATIC,VEHI 1/C 12

0009 2610005289673 TIRE,PNEUMATIC,VEHI 1/C 2

0010 2610005289684 TIRE,PNEUMATIC,VEHI 1/C 22

0011 2610005289691 TIRE,PNEUMATIC,VEHI 1/C 22

0012 2610005546222 TIRE,PNEUMATIC,VEHI 1/C 20

0013 2610005546230 TIRE,PNEUMATIC,VEHI 1/C 10

0014 2610005803187 TIRE,PNEUMATIC,VEHI 1/C 92

0015 2610005803221 TIRE,PNEUMATIC,VEHI 1/C 188

0016 2610006402067 TIRE,PNEUMATIC,VEHI 1/C 0

0017 2610006402071 TIRE,PNEUMATIC,VEHI 1/C 9

0018 2610006402099 TIRE,PNEUMATIC,VEHI 1/C 8

0019 2610006841849 TIRE,PNEUMATIC,VEHI 1/C 0

0020 2610007265147 TIRE,PNEUMATIC,VEHI 1/C 8

0021 2610007265165 TIRE,PNEUMATIC,VEHI 1/C 117

0022 2610007265168 TIRE,PNEUMATIC,VEHI 1/C 53

0023 2610007921662 TIRE,PNEUMATIC,VEHI 1/C 21

0024 2610012899045 TIRE,PNEUMATIC,VEHI 1/C 22

See FAR 2.101 and 3.104

A contract resulting from this solicitation will provide supply support to the GTP contractor pursuant to FAR Part 51 and may provide direct supply support to the Government.

The Federal Supply Group (FSG) for these NSNs is 26 (Tires and Tubes), which represents the commodity class of the item.

The Acquisition Method Code/Acquisition Method Suffix Code (AMC/AMSC) for these NSNs is 1/C.

The proposed action for the solicitation and award of a three (3) year, Firm Fixed Price (FFP) Indefinite Delivery Contract (IDC). The contract(s) would consist of one three-year base period with no options. The estimated contract values are below:

• Annual Demand Value (ADV):

• 3-Year Value (ADV*3):

• Contract Maximum:

Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer

Bridgestone/Firestone (U.S.A.) Incorporated

Michelin North America

Specialty Tires America, Inc.

Yokohama Tire Corporation

Goodyear Tire & Rubber Company Titan Tire Corporation

Manufacturer's Approved CATL 1923

Tire Groups

Manufacturer's Approved CATL 1923

Tire Groups

Manufacturer's Approved CATL 1923

Tire Groups

Manufacturer's Approved CATL 1923

Tire Groups

Manufacturer's Approved CATL 1923

Tire Groups

Manufacturer's Approved CATL 1923

Tire Groups

Group 1, Group 2, Group 3

Group 1, Group 2, Group 3

Group 1, Group 2, Group 3

Group 1, Group 2, Group 3 Group 2, Group 3 Group 2, Group 3

CLIN NSN

Weapon System

Designator Code Weapon System

0001 2610000211961 2AN LOADER SCOOP WH

0002 2610000608905 NONE

0003 2610000608906 NONE

0004 2610001394597 14F CARGO SYSTEM, 463L

0005 2610002270353 NONE

0006 2610002945392 NONE

0007 2610002949485 NONE

0008 2610005287138 NONE

0009 2610005289673 NONE

0010 2610005289684 C7N NAVY EXPEDITIONARY PROGRAMS

0011 2610005289691 FFA SCRAPER (621B)

0012 2610005546222 FFA SCRAPER (621B)

0013 2610005546230 NONE

0014 2610005803187 C7N NAVY EXPEDITIONARY PROGRAMS

0015 2610005803221 HHA TRACTOR, FULL TRACK

0016 2610006402067 NONE

0017 2610006402071 NONE

0018 2610006402099 NONE

0019 2610006841849 NONE

0020 2610007265147 NONE

0021 2610007265165 KHA MW24C,LOADER,SCOOP, 2.5CY TYPE II LIGHT

0022 2610007265168 FLA TRUCK, FL (M10A)

0023 2610007921662 NONE

0024 2610012899045 NONE

See FAR 2.101 and 3.104

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

10 U.S.C. 2304(c)(1)

(c) The head of an agency may use procedures other than competitive procedures only when-

(1) The property or services need 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 with satisfy the needs of the agency.

The Government requires tires that are form, fit and functionally interchangeable with those currently used on the supported vehicles. These tires require engineering source approval by the design control activity in order to maintain the quality of the part.

The use of Brand Name or Equal cannot be utilized to maximize competition as these tires are required to be tested and approved in accordance with Cooperative Tire Qualification Program (CTQP) Cooperative Approved Tire List (CATL) 1923 (off-the-road tires).

The tires can only be purchased from the OEM/approved sources for these tires listed on the CATL 1923. The approved sources are the only known sources with the data or data rights necessary to manufacture these tires to meet the military customer requirements, and ensure form, fit and function interchange with the tires currently on the supported vehicles.

The use of the authority cited in other than 10 U.S.C. 2304(c)(1) above:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority is based on:

AMSC C. This part requires engineering source approval 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. If at least two sources exist, AMCs 1 or 2 are valid. The sources listed above are the only approved sources, and they are the only known sources to own or possess the technical data necessary to manufacture this item.

The confirmation of sources listed above was completed during the technical review of these items on 1/25/21, by the Product Specialist, . Please also note that the Product Specialists confirmed that the technical data, including the AMSC codes in addition to the approved sources, is accurate and there are no open 339s for these items. Based on the limited data the Government possesses, only the approved sources listed above can meet the Government’s minimum needs for these items. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: The synopsis will be posted on the beta.SAM.gov website for a period of 30 days and will run concurrently with the solicitation.

See FAR 2.101 and 3.104

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

Certified Cost or Pricing Data is not required per FAR 15.402-1 (b) (3) for the items listed above.

These items are solicited I/A/W FAR 12—Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart

15.4. If other than certified cost or pricing data cannot be obtained, at a minimum, the Contracting Officer shall determine the prices fair and reasonable based on price analysis of the proposed prices compared to the historical prices paid for all items; however, competition is expected for this acquisition.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, which included a market survey, was posted on the beta.SAM.gov website from 6/17/20, to 7/15/20, but no responses were received. Interested parties were asked to return a completed survey to the Contracting Officer. In addition, a copy of the market survey was e-mailed to 41 potential sources:

See FAR 2.101 and 3.104

Based upon the responses to the market survey and purchase history from the most recent LTC for each NSN, the following is a listing of the sources that have an interest in submitting a proposal in response to the solicitation:

Government Entity (CAGE) Business Size Name CAGE Anthony Balser 5CAZ4 Small Dealer Anthony Balser 5CAZ4 B and S Transport 1BS99 Small Dealer B & S TRANSPORT, INC 1BS99 Brackett Aircraft 56833 Small Manufacturer BRACKETT AIRCRAFT COMPANY, INC. 56833

Bridgestone America – GR Tire 073A9 Large Dealer

BRIDGESTONE AMERICAS TIRE

OPERATIONS, LLC DBA GCR TIRES & SERVICE 291 073A9

Bridgestone Aircraft Tire, USA, Inc. 1D6A4 Bridgestone Americas Tire 22337 Large Manufacturer BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC 22337 Camso USA Inc. 0YGF3 Small Manufacturer CAMSO USA INC 0YGF3 CAP 360 6PTPO Small Dealer CAP 360 LLC 6PTP0 Clark Equipment 1QK63 Large Manufacturer CLARK EQUIPMENT COMPANY (BOBCAT) 1QK63 CNH Industrial America LLC 10988 Large Manufacturer CNH INDUSTRIAL AMERICA LLC 10988 Colony Tire Corporation 3JME8 Small Dealer COLONY TIRE CORPORATION 3JME8 Continental Tire 73808 Large Manufacturer CONTINENTAL TIRE THE AMERICAS, LLC 73808 Critical Solutions International 1N5S7 Large Manufacturer CRITICAL SOLUTIONS INTERNATIONAL, INC. 1N5S7 Deval 11201 Small Manufacturer DEVAL LIFE CYCLE SUPPORT, LLC 11201 Desser Tire & Rubber Co , LLC large dealer 091X8

DUNLOP AIRCRAFT TYRES INC. DUNLOP AIRCRAFT TYRES INC. 7JGG5

Fast Global Solutions, Inc. 5T389 Small Manufacturer FAST GLOBAL SOLUTIONS, INC. 5T389

GOODRICH CORPORATION GOODRICH CORPORATION 13002

Goodyear Tire and Rubber – Air 04NP4 Large Manufacturer

GOODYEAR TIRE & RUBBER COMPANY, THE DBA

GOODYEAR DIV GLOBAL AVIATION TIRES 04NP4

Goodyear Tire and Rubber – Ground 04NP3 Large Manufacturer

GOODYEAR TIRE & RUBBER COMPANY, THE DBA

GOODYEAR DIV GROUND VEHICLE TIRES 04NP3

Hankook Tire America Corp. 5FAD7 Large Manufacturer HANKOOK TIRE AMERICA CORP 5FAD7 Hutchinson Industries, Inc. 62161 Large Manufacturer HUTCHINSON INDUSTRIES, INC. 62161 Hydraulics International, Inc. 56529 Large Manufacturer HYDRAULICS INTERNATIONAL, INC. 56529 Kampi Components 7Z0016 Small Dealer KAMPI COMPONENTS CO., INC. 7Z016

LYNN ELECTRONICS, LLC LYNN ELECTRONICS, LLC 19151

MEGGITT AEROSPACE LTD MEGGITT AEROSPACE LTD K1037

Michelin North America 0A1K8 Large Manufacturer

MICHELIN NORTH AMERICA, INC. DBA MICHELIN

AIRCRAFT TIRE COMPANY DIV MICHELIN

AIRCRAFT TIRE COMPANY 0A1K8

Michelin North America 12195 Large Manufacturer MICHELIN NORTH AMERICA, INC. 12195 Omaha Airplane Supply Co. OMAHA AIRPLANE SUPPLY CO. 5J309 PDI Ground Support Systems PDI GROUND SUPPORT SYSTEMS, INC. 0W357 Pioneer Industries, Inc. 66200 Small Dealer PIONEER INDUSTRIES, INC. 66200 Pomp’s Tire Service 1T1Z4 Large Dealer POMP'S TIRE SERVICE, INC.. 1T1Z4 Sigma Technologies 6VFM4 Small Dealer SIGMA TECHNOLOGIES, LLC 6VFM4 Snider Fleet large business dealer 3BGC0 Southern Tire Mart 3RRT3 Small Dealer SOUTHERN TIRE MART, LLC 3RRT3 Specialty Tires of America, Inc. 66798 Small Manufacturer SPECIALTY TIRES OF AMERICA, INC. 66798

SYN-TECH SYSTEMS, INC SYN-TECH SYSTEMS, INC 56672

Tina's Tires, Inc. TINA’S TIRES, INC. d/b/a D & W TIRES DIRECT, LLC Titan Tire Corp 08SN2 Large Manufacturer TITAN TIRE CORPORATION 08SN2

Tug Technologies, Corp. 4TVG2 Large Manufacturer TEXTRON GROUND SUPPORT EQUIPMENT INC. - large 4TVG2 Wheeler Brothers 55683 Small Dealer WHEELER BROS., INC. 55683

See FAR 2.101 and 3.104 unavailable for commercial purposes. The definition of Commercial, as found in FAR Subpart 2.101, states "Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purpose." Clearly, a tire used by the military is "of a type" as a tire used commercially. The difference may simply be the size or perhaps a more stringent specification, but nevertheless, these NSNs meet the definition of commercial.

In addition to independent research, the Contracting Officer conducted market research analysis in accordance with FAR 12.1 by submitting a market survey to industry (tire manufacturers and distributors). Industry was asked whether each NSN constituted a commercial item, as defined in FAR 2.101. All of the vendors indicated, in their market survey responses, that all of products listed for this proposed solicitation are commercial. The manufacturers make both commercial and non-commercial tires, thus further solidifying the “of a type” application herein. Accordingly, the acquisition specialist is able to conclude that the tires subject to this requirement fall under the FAR commerciality definition “of a type” language, referenced above. Therefore, this acquisition will proceed in accordance with FAR Part 12-Acquisition of Commercial Items procedures.

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 for these CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, these items are subject to the following methods of locating additional sources: The solicitation contains L04 – Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items.

11. These items were previously awarded from solicitation SPE7LX-18-R-0020 on the LTCs listed below. The J&A for these LTCs is in the file.

CLIN

National Stock Number (NSN) Last LTC Company

0001 2610000211961 SPE7LX-19-D-0013 Specialty Tires of America 0002 2610000608905 SPE7LX-19-D-0013 Specialty Tires of America 0003 2610000608906 SPE7LX-19-D-0013 Specialty Tires of America 0004 2610001394597 SPE7LX-19-D-0013 Specialty Tires of America 0005 2610002270353 SPE7LX-19-D-0013 Specialty Tires of America 0006 2610002945392 SPE7LX-19-D-0013 Specialty Tires of America 0007 2610002949485 SPE7LX-19-D-0013 Specialty Tires of America 0008 2610005287138 SPE7LX-19-D-0013 Specialty Tires of America 0009 2610005289673 SPE7LX-19-D-0013 Specialty Tires of America 0010 2610005289684 SPE7LX-19-D-0014 Bridgestone America - GCR Tire 0011 2610005289691 SPE7LX-19-D-0014 Bridgestone America - GCR Tire 0012 2610005546222 SPE7LX-19-D-0014 Bridgestone America - GCR Tire 0013 2610005546230 SPE7LX-19-D-0014 Bridgestone America - GCR Tire 0014 2610005803187 SPE7LX-19-D-0013 Specialty Tires of America

See FAR 2.101 and 3.104

0015 2610005803221 SPE7LX-19-D-0013 Specialty Tires of America 0016 2610006402067 SPE7LX-19-D-0014 Bridgestone America - GCR Tire 0017 2610006402071 SPE7LX-19-D-0013 Specialty Tires of America 0018 2610006402099 SPE7LX-19-D-0013 Specialty Tires of America 0019 2610006841849 SPE7LX-19-D-0013 Specialty Tires of America 0020 2610007265147 SPE7LX-19-D-0013 Specialty Tires of America 0021 2610007265165 SPE7LX-19-D-0013 Specialty Tires of America 0022 2610007265168 SPE7LX-19-D-0013 Specialty Tires of America 0023 2610007921662 SPE7LX-19-D-0014 Bridgestone America - GCR Tire 0024 2610012899045 SPE7LX-19-D-0013 Specialty Tires of America

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 $750,000, this signature serves as the approval.

Charles E. Mielke II, Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate

APPROVAL REQUIREMENTS

[ x ] up to $750,000 Contracting Officer [ x ] $750,000 - $15,000,000 Competition Advocate

MIELKE.CHARLES.EVANS.

II.1253169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2021.02.02 08 01 28 -05'00'

SHEARER.MARY.E.1250

702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.02 02 14:16:48 -05'00'