CL20323005 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-0038

[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:

The scope of this solicitation and resulting contract(s) is GTP Contractor and Government supply support for ground tires under the Cooperative Tire Qualification Program (CTQP) Cooperative Approved Tire List (CATL) 1922 (over-the-road/passenger tires) pursuant to FAR Part 51. The Government will pursue a long-term, Indefinite Quantity Contract (IQC) for seventy-three (73) National Stock Numbers (NSN), with the nomenclature of either “Tire, Pneumatic, Vehicular” or “Tire, Pneumatic, Vehicle”.

This solicitation will support a broad category of ground vehicle tires. This acquisition provides a means to support ground tires that are part of the CTQP, which is administered by the Ground Vehicle Systems Center (GVSC) with Defense Logistics Agency (DLA) oversight and is limited in scope to tire groups that include a DoD ground vehicle application. GVSC is the Engineering Support Activity (ESA), which updates and publishes the CATL 1922 list as directed by DLA. An award against this solicitation will provide the contractual basis for the GTP Contractor to secure tires at Government-negotiated prices, in order to support the military.

The approved tire list has been updated by GVSC as required by DLA. It is prepared for Group 1, passenger car tires, Group 2, light truck tires, Group 3, medium and heavy truck/bus tires, and special application tires. Tires listed in the CATL 1922 have been tested/approved for procurement by U.S. Federal, State and Local Government agencies. The is list is based on the results of Qualification Testing as prescribed in ASTM standard F1922 and accompanying Administrative Manual CTQP-AM-1922.

The current CATL 1922 contains six (6) approved manufacturers for new tires:

These tires do not have a listed CAGE and part number in the Product Item Description (PID).

Offerors must review the PID for each NSN and correlate the specifications to the CATL 1922.

Offerors must provide tires from the assigned Group, based on the specifications listed for the appropriate tire and from an approved manufacturer.

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

Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer

BRIDGESTONE/

FIRESTONE (U.S.A)

INCORPORATED

CONTINENTAL TIRE

NORTH AMERICA

COOPER TIRE &

RUBBER COMPANY

THE GOODYEAR TIRE

& RUBBER

COMPANY

MICHELIN NORTH

AMERICA

SPECIALTY

TIRES OF

AMERICA

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

See FAR 2.101 and 3.104

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 Quantity Contract (s) for 73 NSNs listed below.

Contract Line Item Number NSN

Current Long- Term Contract

Price

Annual Demand Quantity

(ADQ)

Annual Demand Value (ADV) 3-Year Value

Contract Maximum Minimum

0001 2610000000182 168 $ 0002 2610000609959 61 $ 0003 2610000609960 223 $ 0004 2610001425389 354 $ 0005 2610001776878 42 $ 0006 2610002044016 175 $ 0007 2610002044026 1 $ 0008 2610002044029 130 $ 0009 2610002044060 0 $ 0010 2610002044091 198 $ 0011 2610003509970 5 $ 0012 2610004898013 38 $ 0013 2610004898043 125 $ 0014 2610004898079 22 $ 0015 2610004898085 205 $ 0016 2610004898087 0 $ 0017 2610009447000 104 $ 0018 2610009453320 40 $ 0019 2610010453688 1132 $ 0020 2610010637947 2212 $ 0021 2610010781558 59 $ 0022 2610010900449 2 $ 0023 2610011000599 6 $ 0024 2610011481635 6005 $ 0025 2610011541445 14 $ 0026 2610011541446 0 $ 0027 2610011541447 198 $ 0028 2610011541448 8 $ 0029 2610011541452 430 $ 0030 2610011543984 81 $ 0031 2610011543985 69 $ 0032 2610011543986 134 $ 0033 2610011589260 124 $ 0034 2610011625719 47 $ 0035 2610011946220 1532 $ 0036 2610012039358 56 $ 0037 2610012044488 260 $ 0038 2610012056047 13 $ 0039 2610013078527 1339 $ 0040 2610013368828 557 $

See FAR 2.101 and 3.104

0009 2610002044060 NONE

0010 2610002044091 A8A SEMI TRAILER LOWBED

0011 2610003509970 NONE

0012 2610004898013 C7N NAVY EXPEDITIONARY PROGRAMS

0013 2610004898043 NONE

0014 2610004898079 NONE

0015 2610004898085 HYF COMMON AF COMMUNICATION EQUIPMENT NETWORK 823L

0016 2610004898087 NONE

0017 2610009447000 QUN CRYOGENIC SYSTEMS

0018 2610009453320 NONE

0019 2610010453688 UYA M1062 TANKER, 7500 GAL. SEMI-TRAILER

0020 2610010637947 C7N NAVY EXPEDITIONARY PROGRAMS

0021 2610010781558 VHF SPECIAL, MISC. SPARES, VEHICLES

0022 2610010900449 C7N NAVY EXPEDITIONARY PROGRAMS

0023 2610011000599 NONE

0024 2610011481635 11A PQAS-E PETROLEUM QUALITY ANALYSIS SYSTEM-ENHANCED

0025 2610011541445 NONE

0026 2610011541446 NONE

0027 2610011541447 14F CARGO SYSTEM, 463L

0028 2610011541448 NONE

0029 2610011541452 C7N NAVY EXPEDITIONARY PROGRAMS

0030 2610011543984 86F SUPPORT EQUIPMENT, C-5 AIRCRAFT

0031 2610011543985 14F CARGO SYSTEM, 463L

0032 2610011543986 VHF SPECIAL, MISC. SPARES, VEHICLES

0033 2610011589260 1RN TRUCK, STAKE

0034 2610011625719 NONE

0035 2610011946220 HXN DRY DECK SHELTER (DDS)

0036 2610012039358 NONE

0037 2610012044488 0HM HYDROSEEDER,TRAILER

0038 2610012056047 AGF MIDS JTRS AN/USQ190

0039 2610013078527 DGF TRACTOR, AIRCRAFT TOWING, MB-4

0040 2610013368828 MVF JOINT STARS TARGET RADAR SYSTEM

0041 2610013446705 DGF TRACTOR, AIRCRAFT TOWING, MB-4

0042 2610013479730 06F AIRCRAFT, HERCULES C-130

0043 2610014392943 Z8N LANDING CRAFT UTILITY (LCUS)

0044 2610014396214 DIA POWERUNIT,AVIATION,MULTI-OUTPUT GTED ELECTRICAL (AGPU)

0045 2610014396216 NONE

0046 2610014396220 AGF MIDS JTRS AN/USQ190

0047 2610014396224 Z8N LANDING CRAFT UTILITY (LCUS)

0048 2610014433473 14F CARGO SYSTEM, 463L

0049 2610015035618 FVF P-22 FIRE TRUCK

0050 2610015408312 DJF TRACTOR, FLIGHTLINE TOWING

0051 2610015749198 19F AIRCRAFT, EAGLE F-15

0052 2610015749239 DGF TRACTOR, AIRCRAFT TOWING, MB-4

0053 2610015750382 NONE

0054 2610015750585 GPF AN/FPS-117 LONG RANGE RADAR (LRR)

0055 2610015751032 VHF SPECIAL, MISC. SPARES, VEHICLES

0056 2610015751036 NONE

0057 2610015751048 32F ADVANCED AIR TRAFFIC CONTR. & LAND. SYS (ATCALS) 404L

0058 2610015751354 VHF SPECIAL, MISC. SPARES, VEHICLES

0059 2610015751360 NONE

0060 2610015751366 NONE

0061 2610015751377 19F AIRCRAFT, EAGLE F-15

0062 2610015751380 14F CARGO SYSTEM, 463L

See FAR 2.101 and 3.104

0063 2610015751408 VHF SPECIAL, MISC. SPARES, VEHICLES

0064 2610015751434 NONE

0065 2610015751438 86F SUPPORT EQUIPMENT, C-5 AIRCRAFT

0066 2610015751469 DGF TRACTOR, AIRCRAFT TOWING, MB-4

0067 2610015751476 NONE

0068 2610015751481 NONE

0069 2610015751488 NONE

0070 2610015751512 19F AIRCRAFT, EAGLE F-15

0071 2610015751523 14F CARGO SYSTEM, 463L

0072 2610015764358 FWF P-24 FIRE TRUCK

0073 2610016058124 14F CARGO SYSTEM, 463L

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) Long-Term Contract (LTC). 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:

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1): the property required by the agency is available from only one responsible source or only from a limited number of responsible sources and no other type of property will satisfy the needs of the agency.

5. 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) 1922 (over-the-road/passenger tires). The tires can only be purchased from the OEM/approved sources for these tires listed on the CATL 1922. 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

See FAR 2.101 and 3.104 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, Joseph Cocanour. Please also note that the Product Specialist 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) 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 10 days before the solicitation is posted to the DLA L&M Internet Bid Board System.

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 whether 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 whether the prices are 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 on 6/17/20:

See FAR 2.101 and 3.104

Goodyear, Pomp’s, Bridgestone, CAP 360 and Snider were the only vendors to complete and return the market surveys for the tires on this acquisition.

Goodyear indicated that they did not have any quantity price breaks, it is an advantage to consolidate these requirements, they do agree to the three-year base period, these items are commercial, provided a delivery order minimum and monthly maximum delivery order quantity for these items, and provided an estimated delivery time. They also provided unredacted invoices.

Snider Fleet (3BGC0) indicated that they did not have any quantity price breaks, it is an advantage to consolidate these requirements and they do agree to the three-year base period. Pomp’s Tire Service, Inc. (1T1Z4) indicated that they did not have any quantity price breaks, it is an advantage to consolidate these requirements, they do agree to the three-year base period and these items are commercial. Bridgestone Americas Tire Operations (073A9) indicated that they did have quantity price breaks for some items, it is an advantage to consolidate these requirements, they do agree to the three-year base period, these items are commercial and provided an estimated delivery time some items. They also provided unredacted invoices for some of these items. CAP 360 (6PTP0) indicated that they did not have any quantity price breaks, they do agree to the three-year base period, these items are commercial, provided unredacted invoices and indicated that they are only interested in items in Group 1 and 2 on the CATL 1922.

Government Entity (CAGE) Business S ize Government Entity (CAGE) Business S ize

Anthony Balser 5CAZ4 Small Dealer Hydraulics International, Inc. 56529 Large Manufacturer

B and S Transport 1BS99 Small Dealer John Deere 92836 Large Dealer

Brackett Aircraft 56833 Small Manufacturer Kampi Components 7Z0016 Small Dealer

Bridgestone America – GR Tire 073A9 Large Dealer LYNN ELECTRONICS, LLC

Bridgestone Americas Tire 22337 Large Manufacturer MEGGITT AEROSPACE LTD

Camso USA Inc. 0YGF3 Small Manufacturer Michelin North America 0A1K8 Large Manufacturer

CAP 360 6PTPO Small Dealer Michelin North America 12195 Large Manufacturer

Clark Equipment 1QK63 Large Manufacturer Omaha Airplane Supply Co.

CNH Industrial America LLC 10988 Large Manufacturer PDI Ground Support Systems

Colony Tire Corporation 3JME8 Small Dealer Pioneer Industries, Inc. 66200 Small Dealer

Continental Tire 73808 Large Manufacturer Pomp’s Tire Service 1T1Z4 Large Dealer

Critical Solutions International 1N5S7 Large Manufacturer Sigma Technologies 6VFM4 Small Dealer

Deval 11201 Small Manufacturer Snider Fleet large business

Desser (michelin aviation dealer) small Southern Tire Mart 3RRT3 Small Dealer

DUNLOP AIRCRAFT TYRES INC. Spokane Industries 66144 Small Dealer

Fast Global Solutions, Inc. 5T389 Small Manufacturer Specialty Tires of America, Inc. 66798 Small Manufacturer

GOODRICH CORPORATION SYN-TECH SYSTEMS, INC

Goodyear Tire and Rubber – Air 04NP4 Large Manufacturer Titan Tire Corp 08SN2 Large Manufacturer

Goodyear Tire and Rubber – Ground 04NP3 Large Manufacturer Tug Technologies, Corp. 4TVG2 Large Manufacturer

Hankook Tire America Corp. 5FAD7 Large Manufacturer Wheeler Brothers 55683 Small Dealer

Hutchinson Industries, Inc. 62161 Large Manufacturer

Information received regarding the commerciality of these items: Commerciality was investigated using several different techniques. Items on this solicitation are tires used on various land vehicles.

While commercial tires may be manufactured to different specifications, there is no evidence that those specification differences are so substantial to render the military version unsuitable and 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.

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, indicating the items are “commercial of a type”. Accordingly, the acquisition specialist is able to conclude that the tires at issue in this procurement meet the definition at FAR

2.101 under “commercial item” sections (1)(i), (1)(ii), (3)(i) and/or (3)(ii). Therefore, this acquisition will be conducted using FAR Part 12-Acquisition of Commercial Items procedures.

In accordance with DFARS 212.102(a)(ii)(A), “the contracting officer may presume that a prior commercial item determination made by a military department, a defense agency, or another component of DoD shall serve as a determination for subsequent procurements of such item.” As all items on this acquisition have a prior commercial item determination made by this agency, the Contracting Officer may presume shall serve as a determination for this procurement.

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. 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:

NSN Interested Interested Interested Interested Interested 2610002044029 Pomps Bridgestone Snider Fleet 2610002044060 Pomps Bridgestone 2610004898079 Pomps Bridgestone Cap 360 2610004898087 Pomps Bridgestone Cap 360 2610009447000 Pomps Snider Fleet Bridgestone 2610011541446 Bridgestone Cap 360 2610014392943 Bridgestone Pomps Cap 360 2610000000182 Snider Fleet Pomps Bridgestone Cap 360 2610000609959 Snider Fleet Pomps Bridgestone 2610000609960 Snider Fleet Pomps Bridgestone 2610001425389 Snider Fleet Pomps Bridgestone Cap 360 2610001776878 Snider Fleet Pomps Bridgestone Cap 360 2610002044016 Snider Fleet Pomps Bridgestone 2610002044026 Pomps Bridgestone 2610002044091 Pomps Snider Fleet 2610003509970 Pomps Bridgestone 2610004898013 Pomps Bridgestone Cap 360 2610004898043 Pomps Snider Fleet Bridgestone 2610004898085 Pomps Snider Fleet Bridgestone Cap 360 2610009453320 Pomps Snider Fleet Bridgestone Cap 360 2610010453688 Pomps Snider Fleet Bridgestone Goodyear Ground 2610010637947 Bridgestone Goodyear Ground 2610010781558 Pomps Snider Fleet Bridgestone Goodyear Ground 2610010900449 Pomps Bridgestone Cap 360 2610011000599 Bridgestone Goodyear Ground 2610011481635 Bridgestone Snider Fleet Goodyear Ground Cap 360 Pomps 2610011541445 Pomps Bridgestone Cap 360 2610011541447 Bridgestone Cap 360 2610011541448 Bridgestone Cap 360 2610011541452 Bridgestone Snider Fleet Cap 360 2610011543984 Bridgestone Snider Fleet Cap 360 2610011543985 Bridgestone Snider Fleet Cap 360 2610011543986 Bridgestone Snider Fleet Goodyear Ground Cap 360 2610011589260 Bridgestone Snider Fleet Goodyear Ground Pomps 2610011625719 Bridgestone Pomps Cap 360 2610011946220 Bridgestone Pomps Goodyear Ground 2610012039358 Bridgestone Cap 360 2610012044488 Bridgestone Pomps Snider Fleet Cap 360 2610012056047 Bridgestone Pomps Cap 360 2610013078527 Bridgestone Pomps Snider Fleet Cap 360 Goodyear Ground 2610013368828 Bridgestone Snider Fleet Goodyear Ground Cap 360 2610013446705 Bridgestone Snider Fleet Goodyear Ground 2610013479730 Bridgestone Snider Fleet Goodyear Ground Cap 360 2610014396214 Bridgestone Snider Fleet Cap 360

See FAR 2.101 and 3.104

11. 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.

These items were previously awarded from solicitation SPE7LX-18-R-0019 on the LTCs listed below. The J&A for these LTCs is listed as Attachment 1.

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.

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

Head of the Contracting Activity (HCA)

APPROVAL REQUIREMENTS

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

NSNs Last LTC Company 1 SPE7L1-19-D-5003 Colony Tire DBA Atlantic Tire Distributors 3 SPE7LX-19-D-0023 Anthony Balser 2 SPE7LX-19-D-0024 B&S Transport, Inc.

24 SPE7LX-19-D-0025 CAP360

23 SPE7LX-19-D-0026 The Goodyear Tire and Rubber Co.

19 SPE7LX-19-D-0027 Pomp's Tire Service 1 SPE7LX-19-D-5062 Bridgestone America - GCR Tire

MIELKE.CHARLES.EVANS.II.

1253169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2021.02.11 17:34:19 -05'00'

SHEARER.MARY.E.125070

Digitally signed by

SHEARER MARY.E.1250702449

Date: 2021.02.19 11:12:47 -05'00'

BROWN.MARK.ALBERT.1

041175032

Digitally signed by

BROWN.MARK ALBERT.1041175032

Date: 2021.02.19 13:41:43 -05'00'

[ x ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

Attachment:

1. Previous J&A