J_ _A_PR_60717203_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 0060717203; SOLICITATION SPE7L316R0019

March 10, 2016

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis. This requirement is in accordance with AM General (34623), P/N 6044580, Bracket Vehicular for ¼ ton HMMWV.

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

• This solicitation is for 1342 units of NSN 2590-01-570-4663, “Bracket Vehicular”. The AMC/AMSC code for this item is 3D. The solicitation has an estimated base value of

The weapon system code specified for this particular NSN is 80A, which is the Weapon System Description Code (WSDC) for “TRUCK, VEHICLE SYSTEM, 1 1/4-TON (HMMWV)”. This solicitation will be unrestricted.

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. The source for this item is: AM General (34623) The source listed above was the only supplier contracted with to produce the parts. Technical data provided on the PR Trailer and confirmed by the product specialist indicate that only the source cited have been approved to provide this part. The only cited sources are AM General (34623). The product specialist, Mr. stated on 3/11/16 that there are no pending source approval requests for this item.

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

• AM GENERAL 34623 P/N 6044580

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

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

• AMSC D. The data needed to acquire these parts 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. AM General is the only company at this time that can provide these parts since it is not economically feasible for the government to reverse engineer the items at this time. Based on all available information provided to the Contracting Officer, no other source can provide this item.

o On 03/11/16, the product specialist, onfirmed the AMC/AMSC code of 3D and that this item is sourced to AM General (34623). verified that only the approved source has been approved to maintain the quality of the part, as the government does not own or possess the technical data for this part.

o Per the product specialist, only the source cited has been approved to supply this item, as AM General (34623) is the only source who possess technical data and knowledge needed to manufacture this item. There are no other sources.

(See Attachment # 1)

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

• The acquisition will be synopsized on or about 04/22/16, and will run for 15 days. At the completion of the synopsis period, the PR will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

• Alternate items will not be evaluated for this procurement, but will be referred for possible future acquisitions. For alternate offers, the supplier is required to provide a complete data package, which may take from 30 to 180 days to be evaluated. As of 04/15/16, the Integrated Data Sheet (IDS) shows that there are “791” lines of backorder.

There are “0” EA of stock on hand and the Annual Demand Quantity (ADQ) is 1662.

• Sources Sought notice posted to FedBizOpps on 10/14/15.

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

• Past procurement history will be reviewed, and a PPI price analysis will be performed.

Based upon past contract history, it is anticipated that the award will be determined fair and reasonable. If more than one proposal is received, as expected, competition will also be used to determine the price as fair and reasonable. This is a definite quantity contract for a total quantity of 1342 each, and a 100% option.

• Multiple/Split awards will not be considered, as this item is being procured on an All or None basis.

8. Market Research/Efforts to Obtain Competition:

• Market Survey [10 U.S.C. 2304(f)(3)(D)]:

• A market survey was conducted during October and November 2015.

• Total number of vendors contacted: 1 source, including approved sources and past awardees and bidders.

• Names of vendors contacted and responding: 1 source. Market Survey was emailed on

10/14/15 to AM General (34623). AM General returned the market survey on 11/23/15

• Techniques used to conduct survey: The market survey was conducted by e-mail.

• Types of information requested:

o Size of business o Manufacturer or dealer o Whether stock is on hand, or will need to be manufactured.

o Commerciality o Estimated delivery o Whether or not item is quantity/price sensitive

• Summary of information received:

o AM General, (34623) responded on their market survey of 10/14/15, that they were a large business manufacturer. AM General stated that the item was commercial an

• In addition to the completed market survey returned by AM General, a Sources Sought Notice was posted on FedBizOpps, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for NSN 2590-01-570-4663. The Sources Sought Notice was posted on 10/14/15, with a response date of 10/21/15. One inquiry was received on the Sources Sought notice from True Position Manufacturing Inc. (7GM19).

As this NSN has an AMSC of “D”, which means that “The data needed to acquire these parts 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”. The approved manufacturing source listed above was confirmed by Technical Support Personnel. Based on the response, only the approved sources can meet the Government’s needs and qualifications for this item at this time. Per Product Specialist , only the approved source is qualified as a source to manufacture this item.

• Information received regarding the commerciality of the item: There is no evidence the product specialist has found this “Bracket, Vehicular”, to be commercial, as this NSN is not marked as a COTS item. In addition, the market survey information received from the approved source indicated that this item is commercial, but did not provide the requested information to determine commerciality. The product specialist, stated on 3/11/16, that this item is made specifically for the military. As this item does not meet the definition of a commercial item, per FAR 2.101, it is determined to be non-commercial.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is:

• True Position Manufacturing, Inc. (7GM19) – a SARS package was sent to this company on 2/22/2016.

• AM General ((34623)

11.

• The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items (52.217-9002).

• Per PGI 206.304 (a)(1), the requirement states that “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.” The previous contract for subject NSN, contract SPE7L315V1525, dated 11/17/16, was awarded with a total value of $95,602.00, which is under SAT, did not require a J & A, and was not synopsized. The next previous contract, SPE7L314M0750, dated 10/29/15, was awarded with a total value of $58,464.53, which is under SAT, did not require a J & A, and was not synopsized. A sources sought notice was not required and was not posted. Subject NSN has an AMC/AMSC of 3D, which means that “The data needed to acquire these parts 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”. The approved source retains 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. At this time, the requirement/guidance in PGI 206.304 has been fulfilled.

Attachments: #1 Response from Product Specialist

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 $700,000, this signature serves as the approval.

Contracting Officer Phone Date Robin E Anderson X3389 Typed name of Contracting Officer

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[ ] $700,000 to $12,500,000 Competition Advocate

[ ] $12,500,000 to $85,500,000 Head of Contracting Activity (HCA)

[ ] over $85,500,000 Senior Procurement Executive (AQ)

4/28/2016