J and A posting.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-0040

[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. In addition to the NSNs specified in the proposed solicitation, the scope of this contract includes all DLA and DOD managed tire NSNs which are part of the Global Tires Program for which Michelin North America, Inc. (12195) is the sole source. NSNs within this scope may be added to any resulting contract via bilateral modification and in accordance with Procurement Note L27 Addition and Deletion of Items (AUG 2017).

4. 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 ground tires.

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, Requirements Contract(s) for 27 NSNs.

Contract Line Item Number

(CLIN) NSN ITEM

Acquisition Method Code

(AMC) /

Acquisition

Method Suffix Code (AMSC)

Annual Demand Quantity

(ADQ)

Annual Demand Value (ADV) 3-Year Value Contract Max Contract Minimum

Commercial and Government Entity Code (CAGE) and approved Part Number

CAGE and approve Part

Number

CAGE and approve Part

Number

0001 2610012206413 TIRE,PNEUMATIC,VEHI 3/D 287 (12195) 25677 (12195) 72157

0002 2610013886679 TIRE,PNEUMATIC,VEHI 3/D 46 (12195) 56389

0003 2610014348732 TIRE,PNEUMATIC,VEHI 3/D 56 (12195) 37840 (12195) 51278

0004 2610014363332 TIRE,PNEUMATIC,VEHI 3/C 333 (12195) 96706

0005 2610014363334 TIRE,PNEUMATIC,VEHI 3/C 1178 (12195) 64204 (12195) 40200

0006 2610014437040 TIRE,PNEUMATIC,VEHI 3/D 395 (12195) 76025

0007 2610014794200 TIRE,PNEUMATIC,VEHI 3/C 1621 (12195) 97265 (12195) 32452

0008 2610014815378 TIRE,PNEUMATIC,VEHI 3/C 1847 (12195) 78390 (12195) 51053

0009 2610015017373 TIRE,PNEUMATIC,VEHI 3/C 234 (12195) 63997

0010 2610015060388 TIRE,PNEUMATIC,VEHI 3/C 683 (12195) 16679 (12195) 80927

0011 2610015060391 TIRE,PNEUMATIC,VEHI 3/D 113 (12195) 03424

0012 2610015143999 TIRE,PNEUMATIC,VEHI 3/C 8 (12195) 55576

0013 2610015171881 TIRE,PNEUMATIC,VEHI 3/D 7 (12195) 81758

0014 2610015185292 TIRE,PNEUMATIC,VEHI 3/D 378 (12195) 01658

0015 2610015190940 TIRE,PNEUMATIC,VEHI 3/D 3421 2195) MSPN 61737 (12195) 98774

0016 2610015261619 TIRE,PNEUMATIC,VEHI 3/D 291 (12195) 67113

0017 2610015526448 TIRE,PNEUMATIC,VEHI 3/C 430 (12195) 40321

0018 2610015592516 TIRE,PNEUMATIC,VEHI 3/C 7 (12195) 44852

0019 2610015617314 TIRE,PNEUMATIC,VEHI 3/C 7420 (12195) 16341

0020 2610015636178 TIRE,PNEUMATIC,VEHI 3/D 200 (12195) 09122

0021 2610015692153 TIRE,PNEUMATIC,VEHI 3/C 339 (12195) 95283 (12195) 67042

0022 2610015707227 TIRE,PNEUMATIC,VEHI 3/D 15 (12195) 86785

0023 2610015838803 TIRE,PNEUMATIC,VEHI 3/D 401 (12195) 15924

0024 2610015875039 TIRE,PNEUMATIC,VEHI 3/D 109 (12195) 76747 (12195) 61310

(12195) 275/80R

22.5 LR-G

0025 2610015997416 TIRE,PNEUMATIC,VEHI 3/D 325 (12195) 00819 (12195) 48785

0026 2610016027361 TIRE,PNEUMATIC,VEHI 3/D 949 (12195) 33502 (12195) 73493

0027 2610016039820 TIRE,PNEUMATIC,VEHI 3/D 116 (12195) 77510

See FAR 2.101 and 3.104

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 either 3/C or 3/D.

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 year period with no options. The estimated contract values are below:

• Annual Demand Value (ADV):

• 3-Year Value (ADV*3):

• Contract Maximum:

5. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1)

(c) The head of an agency may use procedures other than competitive procedures only when-

(1) The property or services need by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services with satisfy the needs of the agency.

CLIN NSN ITEM

WEAPON SYSTEM

DESIGNATOR

CODE Weapon System

0001 2610012206413 TIRE,PNEUMATIC,VEHI RWA SMALL EMPLACEMENT EXCAVATOR (R048)/HMMH (X501)

0002 2610013886679 TIRE,PNEUMATIC,VEHI 5VM TRAILER,FLAT BED (TAMCN: B25657)

0003 2610014348732 TIRE,PNEUMATIC,VEHI ATF AIRCRAFT, SOF (AC-130H, AC-130J, AC-130U, EC-130E, EC-130H, 0004 2610014363332 TIRE,PNEUMATIC,VEHI 14F CARGO SYSTEM, 463L

0005 2610014363334 TIRE,PNEUMATIC,VEHI 35A HOWITZER, 155MM, M-198

0006 2610014437040 TIRE,PNEUMATIC,VEHI 14F CARGO SYSTEM, 463L

0007 2610014794200 TIRE,PNEUMATIC,VEHI BTA ARMORED SECURITY VEHICLE, MODEL XM1117

0008 2610014815378 TIRE,PNEUMATIC,VEHI 01F MISSILE, MINUTEMAN III, LGM-30

0009 2610015017373 TIRE,PNEUMATIC,VEHI KMA INFANTRY CARRIER (STRYKER FIGHTNING VEHICLE)

0010 2610015060388 TIRE,PNEUMATIC,VEHI 73A TRUCK, M-915 SERIES, M-916A1 (LET)

0011 2610015060391 TIRE,PNEUMATIC,VEHI KVM LIGHT CAPACITY ROUGH TERRAIN FORKLIFT (LRTF), MODEL TX51-19M

0012 2610015143999 TIRE,PNEUMATIC,VEHI 73A TRUCK, M-915 SERIES, M-916A1 (LET)

0013 2610015171881 TIRE,PNEUMATIC,VEHI 14F CARGO SYSTEM, 463L

0014 2610015185292 TIRE,PNEUMATIC,VEHI C7N NAVY EXPEDITIONARY PROGRAMS

0015 2610015190940 TIRE,PNEUMATIC,VEHI NXA M871A3, SEMITRAILER,22 1/2 TON

0016 2610015261619 TIRE,PNEUMATIC,VEHI 6FM HOWITZER MEDIUM TOWED LIGHT WEIGHT 155

0017 2610015526448 TIRE,PNEUMATIC,VEHI FWF P-24 FIRE TRUCK

0018 2610015592516 TIRE,PNEUMATIC,VEHI MYA BAE/AH CAT I (MRAP) NSN:2320-01-555-0908

0019 2610015617314 TIRE,PNEUMATIC,VEHI 12M BUFFALO A2 MPCV CAT (MRAP)

0020 2610015636178 TIRE,PNEUMATIC,VEHI 0OM LOADER, SCOOP TYPE

0021 2610015692153 TIRE,PNEUMATIC,VEHI NXA M871A3, SEMITRAILER,22 1/2 TON

0022 2610015707227 TIRE,PNEUMATIC,VEHI 2AN LOADER SCOOP WH

0023 2610015838803 TIRE,PNEUMATIC,VEHI FDA GRADER, ROAD (130G)

0024 2610015875039 TIRE,PNEUMATIC,VEHI C7N NAVY EXPEDITIONARY PROGRAMS

0025 2610015997416 TIRE,PNEUMATIC,VEHI C7N NAVY EXPEDITIONARY PROGRAMS

0026 2610016027361 TIRE,PNEUMATIC,VEHI 01F MISSILE, MINUTEMAN III, LGM-30

0027 2610016039820 TIRE,PNEUMATIC,VEHI NONE TRACTOR TRUCK

See FAR 2.101 and 3.104

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 tires can only be purchased from the OEM/approved sources for these tires. 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 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority is based on:

AMSC C (11 NSNs). 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 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. Michelin North America, Inc. (Michelin)(G) is the only approved source, and they are the only known source to own or possess the technical data necessary to manufacture this item.

AMSC D (16 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 Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. For the NSNs listed above, Michelin (Michelin (G)) is the only approved source for these items because they are the only known source with the data necessary to manufacture the items.

The confirmation of sources listed above was completed during the technical review of these items on 6/15/20 and on 12/18/20, by the Product Specialist, . Please also note that the Product Specialists 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 Michelin 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) a chance 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 30 days and will run concurrently with the solicitation.

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

See FAR 2.101 and 3.104

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.

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. 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:

Government Entity (CAGE) Business Size Name CAGE Anthony Balser 5CAZ4 Small Dealer Anthony Balser 5CAZ4 B and S Transport 1BS99 Small Dealer B & S TRANSPORT, INC 1BS99 Brackett Aircraft 56833 Small Manufacturer BRACKETT AIRCRAFT COMPANY, INC. 56833

Bridgestone America – GR Tire 073A9 Large Dealer

BRIDGESTONE AMERICAS TIRE

OPERATIONS, LLC DBA GCR TIRES & SERVICE 291 073A9

Bridgestone Aircraft Tire, USA, Inc. 1D6A4 Bridgestone Americas Tire 22337 Large Manufacturer BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC 22337 Camso USA Inc. 0YGF3 Small Manufacturer CAMSO USA INC 0YGF3 CAP 360 6PTPO Small Dealer CAP 360 LLC 6PTP0 Clark Equipment 1QK63 Large Manufacturer CLARK EQUIPMENT COMPANY (BOBCAT) 1QK63 CNH Industrial America LLC 10988 Large Manufacturer CNH INDUSTRIAL AMERICA LLC 10988 Colony Tire Corporation 3JME8 Small Dealer COLONY TIRE CORPORATION 3JME8 Continental Tire 73808 Large Manufacturer CONTINENTAL TIRE THE AMERICAS, LLC 73808 Critical Solutions International 1N5S7 Large Manufacturer CRITICAL SOLUTIONS INTERNATIONAL, INC. 1N5S7 Deval 11201 Small Manufacturer DEVAL LIFE CYCLE SUPPORT, LLC 11201 Desser Tire & Rubber Co , LLC large dealer 091X8

DUNLOP AIRCRAFT TYRES INC. DUNLOP AIRCRAFT TYRES INC. 7JGG5

Fast Global Solutions, Inc. 5T389 Small Manufacturer FAST GLOBAL SOLUTIONS, INC. 5T389

GOODRICH CORPORATION GOODRICH CORPORATION 13002

Goodyear Tire and Rubber – Air 04NP4 Large Manufacturer

GOODYEAR TIRE & RUBBER COMPANY, THE DBA

GOODYEAR DIV GLOBAL AVIATION TIRES 04NP4

Goodyear Tire and Rubber – Ground 04NP3 Large Manufacturer

GOODYEAR TIRE & RUBBER COMPANY, THE DBA

GOODYEAR DIV GROUND VEHICLE TIRES 04NP3

Hankook Tire America Corp. 5FAD7 Large Manufacturer HANKOOK TIRE AMERICA CORP 5FAD7 Hutchinson Industries, Inc. 62161 Large Manufacturer HUTCHINSON INDUSTRIES, INC. 62161 Hydraulics International, Inc. 56529 Large Manufacturer HYDRAULICS INTERNATIONAL, INC. 56529 Kampi Components 7Z0016 Small Dealer KAMPI COMPONENTS CO., INC. 7Z016

LYNN ELECTRONICS, LLC LYNN ELECTRONICS, LLC 19151

MEGGITT AEROSPACE LTD MEGGITT AEROSPACE LTD K1037

Michelin North America 0A1K8 Large Manufacturer

MICHELIN NORTH AMERICA, INC. DBA MICHELIN

AIRCRAFT TIRE COMPANY DIV MICHELIN

AIRCRAFT TIRE COMPANY 0A1K8

Michelin North America 12195 Large Manufacturer MICHELIN NORTH AMERICA, INC. 12195 Omaha Airplane Supply Co. OMAHA AIRPLANE SUPPLY CO. 5J309 PDI Ground Support Systems PDI GROUND SUPPORT SYSTEMS, INC. 0W357 Pioneer Industries, Inc. 66200 Small Dealer PIONEER INDUSTRIES, INC. 66200 Pomp’s Tire Service 1T1Z4 Large Dealer POMP'S TIRE SERVICE, INC.. 1T1Z4 Sigma Technologies 6VFM4 Small Dealer SIGMA TECHNOLOGIES, LLC 6VFM4 Snider Fleet large business dealer 3BGC0 Southern Tire Mart 3RRT3 Small Dealer SOUTHERN TIRE MART, LLC 3RRT3 Specialty Tires of America, Inc. 66798 Small Manufacturer SPECIALTY TIRES OF AMERICA, INC. 66798

SYN-TECH SYSTEMS, INC SYN-TECH SYSTEMS, INC 56672

Tina's Tires, Inc. TINA’S TIRES, INC. d/b/a D & W TIRES DIRECT, LLC Titan Tire Corp 08SN2 Large Manufacturer TITAN TIRE CORPORATION 08SN2

Tug Technologies, Corp. 4TVG2 Large Manufacturer TEXTRON GROUND SUPPORT EQUIPMENT INC. - large 4TVG2 Wheeler Brothers 55683 Small Dealer WHEELER BROS., INC. 55683

See FAR 2.101 and 3.104

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.

In addition to independent research, the Contracting Officer conducted market research analysis I/A/W FAR 12.1 by submitting a market survey to industry (tire manufacturers and distributors).

Industry was asked whether each NSN constituted a commercial item, as defined in FAR 2.101. 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, thus further solidifying the “of a type” application herein. Accordingly, the acquisition specialist is able to 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 12-Acquisition of Commercial Items procedures.

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.

11. These items were previously awarded on the LTCs listed below from solicitation

SPE7LX-18-R-0113. The J&A for SPE7LX-18-R-0113 is in the file.

CLIN NSN ITEM Last LTC Awardee

0001 2610012206413 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0002 2610013886679 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0003 2610014348732 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0004 2610014363332 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0005 2610014363334 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0006 2610014437040 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0007 2610014794200 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0008 2610014815378 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0009 2610015017373 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

See FAR 2.101 and 3.104

0010 2610015060388 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0011 2610015060391 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0012 2610015143999 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0013 2610015171881 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0014 2610015185292 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0055 Pomp's Tire Service

0015 2610015190940 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0016 2610015261619 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0017 2610015526448 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0055 Pomp's Tire Service

0018 2610015592516 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0019 2610015617314 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0020 2610015636178 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0021 2610015692153 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0055 Pomp's Tire Service

0022 2610015707227 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0023 2610015838803 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0024 2610015875039 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0025 2610015997416 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0026 2610016027361 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

0027 2610016039820 TIRE,PNEUMATIC,VEHI SPE7LX-19-D-0054 Michelin

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.

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

MIELKE.CHARLES.

EVANS.II.12531697

Digitally signed by

MIELKE.CHARLES.EVANS.II.12

53169750 Date: 2021.01.04 09:43:52 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.01.05 09:03:58 -05'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.104117

Date: 2021.01.05 09:40:19 -05'00'

[ x ] >SAT-$750,000 Contracting Officer [ x ] >$750,000 - $15,000,000 Competition Advocate [ x ] >$15,000,000 to $100,000,000 Head of Contracting Activity (HCA)