J_A for SPE7MX21R0058.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX21R0058

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 determined commercial, for a firm-fixed-price Indefinite Quantity Contract (IQC) on other than a full and open competition basis. This is necessary because the Government lacks complete technical data required to manufacture the supplies.

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

ITEM NSN Item Name ADQ Standard Price

Estimated

ADV UNIT AMC AMSC

1 1095016766761 HOLSTER, ASSEMBLY 1,567 EA 3 D

2 1095016766823 HOLSTER, ASSEMBLY 4,289 EA 3 D

3 1095016766956 HOLSTER, ASSEMBLY 17,539 EA 3 D

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5 YEAR) VALUE (BASE + 2 ONE YEAR

MAXIMUM CONTRACT VALUE:

The items are used on the following Weapon System Designator Code (WSDC) platforms:

NSN WSDC LONG_NAME

1095016766761 04N PROTECTED VOICE COMMUNICATIONS SYSTEM (PVCS)

1095016766761 23N OHIO CLASS SSBN (TRIDENT)

1095016766761 2JF PERSONAL DEFENSE WEAPONS ARMAMENT SUSTAINMENT DIVISION

1095016766761 C9N DDG-1000 ZUMWALT CLASS DESTROYER

1095016766761 D3N FORD CLASS CARRIERS

1095016766761 EXN LOS ANGELES CLASS SSN (688)

1095016766761 EZN TICONDEROGA CLASS CG (47)

1095016766761 GBN LITTORAL COMBAT SHIP

1095016766761 JAN NIMITZ CLASS CVN

1095016766761 JDN ARLEIGH BURKE CLASS DDG

1095016766761 JGN SEAWOLF CLASS SSN

1095016766761 JKN WASP CLASS LHD

1095016766761 JLN TARAWA CLASS LHA

1095016766761 JSN WHIDBEY ISLAND CLASS LSD

1095016766761 JVN SAFEGUARD CLASS ARS

1095016766761 JXN AVENGER CLASS MCM

1095016766761 MQN BLUE RIDGE CLASS LCC-19

1095016766761 YJN VIRGINIA CLASS SUBMARINE, SSN-774

1095016766761 YNN ANTI-TERRORISM / FORCE PROTECTION

1095016766761 ZDN LPD-17 CLASS AMPHIBIOUS TRANSPORT DOCK

1095016766761 ZON PC CLASS/COASTAL PATROL BOATS

1095016766823 2JF PERSONAL DEFENSE WEAPONS ARMAMENT SUSTAINMENT DIVISION

1095016766956 2JF PERSONAL DEFENSE WEAPONS ARMAMENT SUSTAINMENT DIVISION

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) -available from only one or a limited number of sources. At this time, there is only one approved manufacturing source for the NSN items:

NSN ITEM CAGE CAGE NAME PART NUMBER MANUFACTURER

DESCRIPTION

1095016766761 HOLSTER, ASSEMBLY 8J931 Safariland, LLC MHH-KIT-BLK-RH 1095016766761 HOLSTER, ASSEMBLY 8J931 Safariland, LLC MHH-KIT1-450-411 Right Handed - Black Color 1095016766823 HOLSTER, ASSEMBLY 8J931 Safariland, LLC MHH-KIT1-450-552 Left Handed - Desert Color

1095016766956 HOLSTER, ASSEMBLY 8J931 Safariland, LLC MHH-KIT1-450-551 Right Handed - Desert Color

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSNs, which were confirmed as complete and accurate by the Strategic Acquisitions Program Directorate (SAPD) Product Specialist on 1/26/2021 during the technical review of the NSNs for placement on this long-term contract initiative.

AMC 3: Acquire, for the second or subsequent time, directly from the manufacturer.

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.

5. The source listed in the table above in paragraph 4, confirmed by the SAPD Product Specialist 1/26/21 during the technical review of the NSNs for placement on this long-term contract initiative, is currently the only source with the necessary qualifications, ability, and approval to manufacture the items. The listed source is the only source that possess the complete technical data, rights to the data, and capability necessary to manufacture the items for the required form, fit, function, and quality.

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

The acquisition will be synopsized at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS.

Vendors responding to the Sources Sought issued will be added to the solicitation mailing list.

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’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted 1/21/2021 for seven days to beta.SAM.gov. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the items to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return.

Potential sources would be added to the solicitation mailing list. Two responses were received.

CAGE 7WQ55, Tedder Industries responded it is interested in supplying its brand, Alien Gear Holsters and wanted to know if there is a technical data package available for the items. The vendor was informed there isn't a TDP for the items, that offering its brand would require a Source Approval Request (SAR), was directed to see DLAD Proc. Notes L04-Offers for Part Numbered Items and M06-Evaluation of Offers for Part Numbered Items for further information on submission of an alternate offer, and was asked if it would like to be added to the mailing list for the solicitation. The vendor will be added to the solicitation mailing list as it responded, "yes". CAGE 6T584, Vinyl Technology, Inc. responded it is interested in NSN 1095016766761 and wanted to know if it can get the specifications or drawings for these items to review to make sure they are something they can manufacture. The vendor was informed there isn't a TDP for the items, that offering its brand would require a Source Approval Request (SAR), was directed to see DLAD Proc. Notes L04-Offers for Part Numbered Items and M06-Evaluation of Offers for Part Numbered Items for further information on submission of an alternate offer, and was asked if it would like to be added to the mailing list for the solicitation. The vendor will be added to the solicitation mailing list as it responded, "yes".

Market Surveys were sent to the manufacturer, Safariland, and two dealers appearing in the procurement history: small business Atlantic Diving Supply (ADS), Inc. CAGE 1CAY9 and small business TACT360, Inc. CAGE 5NK26. TACT360 responded 12/22/2020 it can’t quote because ADS gets special pricing from Safariland on these items. Safariland responded 1/7/2021 the items are commercial and it supplies them through dealers/distributors, it does not quote directly to the Government. ADS responded 1/22/2021 it is interested in long-term contract support for the items, a summary of the response is as follows:

ATLANTIC DIVING SUPPLY (ADS), Inc. 1CAY9 /

- Small business dealer - approx. 420 Employees

- Manufacturer is Safariland and is a large business

- Interested in an LTC

- Yes – items are commercial

Additional research was also conducted by the acquisition specialist as indicated in the bullets below.

Researched items on-line via the internet for commercial availability. The items were found for sale on the internet with a listed sales price. The items were found on the GSA Advantage website under current GSA contract GS-07F-5802P (ends:

May 31, 2024).

Reviewed Technical Guidance Information (TGI) in the Material Master (MM) for each NSN. The NSNs are not identified as commercial off the shelf items in the MM but are stated to be commercial of a type by the Product Specialist in the TGI.

Reviewed previous procurements of the item for acquisition method and any commerciality determinations: the items have all been previously purchased under small purchase procedures, below SAT, without any commercial review or determination.

Based on the above research, there is sufficient information to indicate the subject NSN items meet the commercial item definition of FAR 2.101(1)(ii) – of a type customarily used by the general public or non-governmental entities for purposes other than governmental purposes and has been offered for sale, lease, or license to the general public. The contracting officer has determined the items to be commercial.

To enhance future competition for these items, the Acquisition Specialist forwarded the NSN items and commercial market research to the Product Specialist on 2/24/2021 for processing to the Land and Maritime Value Engineering team (VEE), and possibly the Engineering Support Activity (ESA) by VEE, for development of salient characteristics for possible future Brand Name or Equal (BNOE) breakout.

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

During the project development stage, the NSNs included on this solicitation were provided to the DLA Land & Maritime Value Management (VM) Unit and the Strategic Acquisition Programs Directorate (SAPD) Product Specialist for review; no additional sources were identified during those reviews and all means to obtain a technical data package adequate for manufacture of the items have been exhausted.

10. A listing of sources, if any, indicating an interest in the acquisition is: Atlantic Diving Supply (ADS), Inc. CAGE 1CAY9, Vinyl Technology, Inc. CAGE 6T584, Tedder Industries CAGE

7WQ55.

11. These items are subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

The solicitation will contain DLAD Procurement Notes: L04-Offers for Part Numbered Items and M06-Evaluation of Offers for Part Numbered Items. Offers for alternate products may be submitted in response to the solicitation and may be considered for the current or future procurements.

Forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

12. Recent procurements of the items were conducted under SAT procedures and did not require justification for other than full and open competition.

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.

Contracting Officer Signature & Date

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

Competition Advocate Signature & Date

APPROVAL REQUIREMENTS:

( ) Up to $750,000 Contracting Officer

(X ) $750,000 to $15,000,000 Competition Advocate

2/24/2021

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.02.25 07:16:12 -05'00'

Attachments:

1. Technical Certification