J-A6.302-1SPE7LX23R0003.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-23-R-0003

Source Selection Information – See FAR 2.101 and 3.104 Controlled by: DLA Land and Maritime

Controlled by: SAPD-ZCB CUI Category: PROCURE/SSI

Distribution/Dissemination Control: FED ONLY POC: edwin.caraballo@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

ORIGINAL

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 resulting contract will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract under FAR Part 15 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

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

LINE ITEM NSN Brief Description AMC AMCS ADQ Estimated ADV

0001 2541015814181 ARMOR, TRANSPARENT, VEHICULAR WINDOW 1 R 811

The Armor, Transparent, Vehicular Window is a transparent armor that combines excellent safety with unparalleled situational awareness for warfighters in armored vehicles. Due to strict vehicle weight specifications, glass-based transparent armor windows need to be kept small. Coupled with the high thickness required for protection, glass armor windows are usually more like peepholes, reducing situational awareness for the crew. With the transparent armor, window sizes can be substantially increased without increasing weight or reducing ballistic protection.

End Item description and Weapon System:

CLIN NSN Weapon System Designator Code End Item

2541015814181

0QM TRUCK, UTILITY: EXPANDED CAPACITY ARMT CARRIER

16M TRUCK, UTILITY (TAMCN: D00227K)

1AM TRUCK, UTILITY (TAMCN: D00317K)

1BM TRUCK, UTILITY (TAMCN: D00337K)

1CM TRUCK, UTILITY (TAMCN: D00347K)

80A TRUCK, VEHICLE SYSTEM, 1 1/4-TON (HMMWV)

BRM TRUCK, UTILITY (TAMCN: D00327K)

CHF TRUCK, FIRE/CRASH P2

QHF TRUCK, VEHICLE SYSTEM, HMMWV

VHF SPECIAL, MISC. SPARES, VEHICLES

The three-year base period estimated value is , and the base period plus two option years' estimated value is and a maximum contract value of . The contract minimum is

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. This item needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

SOLICITATION: SPE7LX-23-R-0003

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

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

LINE ITEM NSN Company CAGE Part Number

2541015814181

AM GENERAL LLC. 34623 6034687

PATRIOT ARMORED SYSTEMS 6JPY0 6034687RE

XPER, INC. 1SC69 A-151-04-2

The manufacturers listed at table above are the current source, approved by the design control activity to supply this item. The Quality Assurance Specialist certified on June 29, 2022, that the AMC/AMCS code for this NSN is correct and AM General (34623), Patriot Armored Systems (6JPY0), and XPER, Inc. (1SC69) are the only sources approved by the design control activity. Per the Quality Assurance Specialist this item will be used to replace the Armor, Transparent, Vehicular Window for the Truck, Utility: Expanded Capacity Arm Carrier, Truck, Utility (TAMCN: D00227K), Truck, Utility (TAMCN: D00317K), Truck, Utility (TAMCN: D00337K), Truck, Utility (TAMCN: D00347K), Truck, Vehicle System, 1 1/4-TON (HMMWV), Truck, Utility (TAMCN: D00327K), Truck, Fire/Crash P2, Truck, Vehicle System, HMMWV Special, Misc. Spares, Vehicle, and other weapon system platforms.

This item is the only replacement part that will function properly in the end item in accordance with the military requirements.

The Government lacks the technical data needed to acquire this item competitively. AM General (CAGE:

34623), XPER, Inc. (CAGE: 1SC69), and Patriot Armored Systems, LLC (CAGE: 6JPY0) are the only sources known to possess the complete technical data for this item. As such AM General (CAGE: 34623), XPER, Inc.

(CAGE: 1SC69), and Patriot Armored Systems, LLC (CAGE: 6JPY0) are the only source approved by the design control activity as they retain the data, rights, manufacturing knowledge, or technical data that is 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.

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

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

SOLICITATION: SPE7LX-23-R-0003

DLA Land & Maritime Justification for Other Than Full & Open Competition

a. The acquisition will be synopsized on or about November 21, 2022, and it will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. A Sources Sought notice was posted June 29th, 2022, on SAM.gov for 15 calendar days to find potential sources for this NSN and no responses were received from companies interested to be manufacturers for this item.

c. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity

(ESA).

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

The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary. Buyer will also utilize PPI Data. PPI Data provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. The buyer anticipates receiving more than one offer, and adequate price competition between dealers is expected to exist at time of evaluation of offers.

8. Market Research/Efforts to Obtain Competition:

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

A market survey was sent out on 7/29/2022.

Names of vendors contacted: (9) - AM General (34623), XPER, INC. (1SC69), Patriot Armored (6JPY0), Janel’s Industries (3B8L1), Dynamic Metals (5L7Z4), Standard Bent (458W5), Brighton Cromwell (3NNX8), Praetorian Manufacturing (5AAR8), and Warfighter Focused Logistics (6V4L8).

Names of vendors that responded to market survey: (6) - AM General (34623), Janel’s Industries (3B8L1), Standard Bent (458W5), Brighton Cromwell (3NNX8), Praetorian Manufacturing (5AAR8), and Warfighter Focused Logistics (6V4L8).

Techniques used to conduct survey: emails, phone, Sam. gov, Market Survey Questionnaire, GSA Library and GSA Advantage part number searches.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received: The Acquisition Specialist attempted to conduct market research with the companies listed above to assess their interest and capability to perform and six companies indicated an interest which were: AM General (34623), Janel’s Industries (3B8L1), Standard Bent, (458W5), Brighton Cromwell (3NNX8), Praetorian Manufacturing (5AAR8), and Warfighter Focused Logistics (6V4L8). XPER (1SC69), Patriot Armored (6JPY0, and Dynamic Metals (5L7Z4) did not responded.

SOLICITATION: SPE7LX-23-R-0003

DLA Land & Maritime Justification for Other Than Full & Open Competition

Company Name

CAGE

CODE

Business

Size

KTR

Interested in an LTC

KTR Base Years and

Option Yrs.

Preference

KTR

Prefers a

Firm Fixed Priced

Contract

KTR Will provide Cost

& Pricing Data if

Required

Commercial

Items

AM General 34623 LG YES NO XPER, INC 1SC69 SB No reply -

Patriot Armored 6JPY0 SB No reply - Janel’s Industries 3B8L1 SDVOSB YES NO Dynamic Metals 5L7Z4 SB No reply - Standard Bent 458W5 SDVOSB YES NO

Brighton Cromwell 3NNX8 SDVOSB YES NO Praetorian Manufacturing 5AAR8 SDVOSB YES NO

Warfighter Focused Logistics 6V4L8 SDVOSB YES NO

Commercial Determination: Per FAR 2.101 (b) the item in this solicitation has been determined to be non-commercial. The following factors that have led to these conclusions are:

A search of the internet was done and there is no evidence that they have been sold to other than the military.

Item is not commercially price listed.

AM General, Janel’s Industries, Standard Bent, Brighton Cromwell, Praetorian Manufacturing, and

Warfighter Focused Logistics indicated that item is not commercial.

There are no known commercial applications. This item is used on Truck, Utility: Expanded Capacity

Arm Carrier, Truck, Utility (TAMCN: D00227K), Truck, Utility (TAMCN: D00317K), Truck, Utility (TAMCN: D00337K), Truck, Utility (TAMCN: D00347K), Truck, Vehicle System, 1 1/4-TON (HMMWV), Truck, Utility (TAMCN: D00327K), Truck, Fire/Crash P2, Truck, Vehicle System, HMMWV Special, Misc. Spares, Vehicle, and other weapon system platforms.

NSN is not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of this item is to sustain numerous critical weapon system platforms and their supporting equipment. As such, this item has strict configuration and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The GSA Schedule was checked for this NSN, and no information was found.

Therefore, it is the determination of the contracting officer that this item is not commercial and FAR Part 15 will be applied to the solicitation.

9. Additional facts supporting other than full and open competition are:

a. 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.

b. A technical review was completed by / Quality Assurance Specialist for FLDB-LTC on

6/29/2022. The subject NSN have been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. 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.

SOLICITATION: SPE7LX-23-R-0003

DLA Land & Maritime Justification for Other Than Full & Open Competition

10. A listing of sources, if any, indicating an interest in the acquisition is: AM General (34623), Janel’s Industries (3B8L1), Standard Bent (458W5), Brighton Cromwell (3NNX8), Praetorian Manufacturing (5AAR8), and Warfighter Focused Logistics (6V4L8) was the only companies that responded to the market survey via email or phone call and expressed an interest in the acquisition. As such, these companies will be in the solicitation mailing list.

11. The following actions are being taken to identify additional sources:

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

12. The Contracting Officer searched for the previous award listed in the contract history at Record Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304 and was able to locate Justifications for previous contracts SPE7LX18D0087, SPE7MX17D0063, and SPE7L417C0003.

Attachment(s):

1. J&A for solicitation SPE7LX18R0005, SPE7MX15R0124, and SPE7L213R0145.

2. Tech Certificate

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] $750,000 to $15,000,000 Competition Advocate

CARABALLO.EDWIN.12

53443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2022.11.17 08:49:24 -05'00'

SHEARER.MARY.E.12

50702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.11.22 10:31:45 -05'00'