J A.pdf

CUI. Controlled by DLA Land and Maritime – SAPD – ZAA. CUI Category: Source Selection Information (See FAR 2.101 and 3.104). Distribution/Dissemination Control: FED ONLY. POC:

charles.mielkeii@dla.mil

CUI. Controlled by DLA Land and Maritime – SAPD – ZAA. CUI Category: Source Selection Information (See FAR 2.101 and 3.104). Distribution/Dissemination Control: FED ONLY. POC:

charles.mielkeii@dla.mil

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-X008

[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. The solicitation will be issued utilizing FAR 13.5 procedures in accordance with 41 U.S.C. 1901.

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 tires to support various ground weapon systems.

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 four NSNs.

CLIN NSN CAGE Company PART NUMBER 0001 2610004035538 19207 (This item is on the CATL-1923) 12504963

0002 2610015374093 12195 MICHELIN NORTH AMERICA, INC. 97627

0003 2610016041262 12195 MICHELIN NORTH AMERICA, INC. 03379

0004 2610016272267 1T1Z4 POMP'S TIRE SERVICE, INC.. B424976MIL

0004 2610016272267 0JKF0 JCB INC. 347/20193

CLIN NSN Item Name

Acquisition Method Code

(AMC) /

Acquisition

Method Suffix Code (AMSC) Current Contract Company

Commercial and Government

Entity (CAGE)

Current Contract

Price

Annual Demand Quantity

(ADQ)

Annual Demand Value

(ADV)

Contract

Maximum Contract Minimum

Contract End Date

0001 2610004035538

TIRE,PNEUMATIC,

VEHICULAR 1/C SPE7LX-20-D-5038

Pomp's T ire Service, Inc. 1T1Z4 $ 555.00 10 10/10/2024

0002 2610015374093

TIRE,PNEUMATIC,

VEHICULAR 1/B SPE7LX-20-D-5036

Michelin North America, Inc. 12195 $ 812.30 311 12/11/2024

0003 2610016041262

TIRE,PNEUMATIC,

VEHICULAR 3/D SPE7LX-22-D-5033

Pomp's T ire Service, Inc. 1T1Z4 $ 362.00 52 12/11/2024

0004 2610016272267

TIRE,PNEUMATIC,

VEHICULAR 3/D SPE7LX-20-D-5042

Pomp's T ire Service, Inc. 1T1Z4 $1,614.00 174 11/2/2024

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-X008

CUI

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Source Selection Information

See FAR 2.101 and 3.104 or 5 are valid. Michelin North America, Inc. is the only manufacturing source specified on the source control drawing.

AMSC C (1 NSN). This part requires engineering source approval by the design control activity 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 for CATL-1923 are the only approved sources, and they are the only known sources to own or possess the technical data necessary to manufacture this item.

AMSC D (2 NSNs). 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.

The confirmation of sources listed above was completed during the technical review of these items on 8/26/22, by the Product Specialist, . 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.

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

A Sources Sought notice was posted on the SAM.gov website from 9/2/22 to 9/12/22.

A synopsis will be posted on the SAM.gov website before the solicitation opens.

Dealers of the approved sources will be solicited.

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.

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Source Selection Information

See FAR 2.101 and 3.104

CLIN 0003, NSN 2610016041262 can be located on the internet at https://www.otrusa.com/shop/otr-tires/310-80r22-5-175a8-michelin-x-terminal-t-tl/.

CLIN 0004, NSN 2610016272267 can be located on the internet at https://www.otrusa.com/shop/otr-tires/44580r25-2-bridgestone-vgt-e2-tl/.

Accordingly, the acquisition specialist can 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 13.5.

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 for CLINs 0001, 0003 and 0004 and L22 Restriction of Alternate Offer for Source Controlled Items for CLIN 0002.

11. A listing of sources indicating an interest in the acquisition is:

12. These items were previously awarded on contracts listed above in section 3. The J&As that could be found for these contracts for NSNs 2610016041262 and 2610016272267 are attached.

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

MIELKE.CHARLES.EVANS.II.

1253169750

Digitally signed by

MIELKE.CHARLES EVANS.II.1253169750

Date: 2022.10 07 13:21:46 -04'00'

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Source Selection Information

See FAR 2.101 and 3.104

Competition Advocate

APPROVAL REQUIREMENTS

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

Attachments:

1. Tech Cert

2. J&A for SPE7LX-20-D-5036, NSN 2610015374093

3. J&A for SPE7LX-22-D-5033, NSN 2610016041262

SHEARER.MARY.E.1250702449 Digitally signed by SHEARER.MARY.E.1250702449 Date: 2022.10.11 14:46:25 -04'00'