JA PR83543477 Redacted.pdf

Justification for Other Than Full & Open Competition (December 2011)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L320R0021

[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. The supplies required to meet the using activity’s needs are described as follows: Armor, Transparent, Vehicular, Window (NSN 2541-01-608-3054).

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Armor, Transparent, Vehicular, Window

2541-01-608-3054/VEE00541,

3911597C92 and 4011-300- 028220

315 EA C

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.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: BAE (44114) P/N VEE00541, Navistar (338X5) P/N 3911597C92, and Ibis Tek (1SC69) P/N 4011-300-028220 are the only sources.

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

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

The use of the authority cited is based on:

The following AMSC descriptions are-available in DFARS PGI 217.7506 Part 2.

AMSC C. 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.

The product specialist, confirmed on 10 March 2020 that the only approved sources for this item BAE, Navistar and Ibis Tek. They are the only sources that possesses the technical data required to manufacture this item and the drawings are proprietary to the approved sources. This is not a critical application item.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: This acquisition will synopsized for

15 days prior to the solicitation opening. 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).

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

Other Than Certified Cost or Pricing Data, and ask the Pricing office for help if needed. The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000; therefore cost and pricing data is exempt per FAR 15.403-4. The Other Than Certified Cost or Pricing Data may consist of material cost or an explanation of their pricing approach. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government’s targets and deeming the price fair and reasonable. This is a definite quantity contract, with no option, for a quantity of 315 each.

8. Market Research/Efforts to Obtain Competition:

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

Market research for this item is limited due to the specific requirements involved for the part. The product specialist has indicated 10 March 2020 that BAE, Navistar (338X5) P/N 3911597C92, and Ibis Tek the only sources that possesses the technical data required to manufacture this item. The buyer reviewed past contracts to find other sources; but only the three approved sources have submitted valid quotes on previous solicitations. A firm fixed price contract will be issued because:

The requirement is well defined, market conditions are stable and financial risks are otherwise insignificant.

Material Master does not show this NSN as commercial. Item was not found in an internet search for the part number.

Market research did not yield any readily available published catalog price lists, schedules, or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection, nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Public is interpreted as individuals using such parts in a non-governmental or military capacity. Item is used in the maintenance shops to support the MRAP. The MRAP does not have a commercial version. The design of the MRAP indicates this requirement would have additional requirements beyond a commercially available assembly due to its unique mission.

A market survey was conducted in March 2020. Total number of vendors contacted: 3.

Names of vendors contacted: BAE, Navistar, and Ibis Tek.

Defense Names of vendors responding: Ibis Tek Techniques used to conduct survey: The market survey was conducted by e-mail.

Types of information requested:

Size of Business Manufacturer or dealer Is there stock on hand Commerciality Estimated delivery Price breaks

Summary of information received:

Small Business- Manufacturer

Item is not 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. Cages 44114, 338X5 and 1SC69 are the only approved sources. The data presently available reflects the minimum needs of the Government.

10. A listing of sources indicating an interest in the acquisition is: Ibis Tek (1SC69).

11. This item is subject to the following methods of locating additional sources:

The solicitation contains Procurement Notes L04 (Offers for part numbered items) and M06 (Evaluation of Offers for Part Numbered Items), which permit offerors to quote alternate items.

12. Per PGI 206.304 (a)(1), the requirement states, “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 J&A of the previous large award was consulted to see if it listed ways to increase competition. On the previous J&A, there were only two approved sources: large business BAE and large business Navistar. The J&A mentioned that the solicitation included the standard code/part proc notes.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Joseph Brookins, Contract Specialist

Monica Whiting, Contracting Officer

Mary Shearer, Competition Advocate

( ) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.04.06 12:49:24 -04'00'

WHITING.MONIC

A.L.1378381815

Digitally signed by

WHITING.MONICA.L.137838181

Date: 2020.04.06 12:03:39 -04'00'

BROOKINS.JOSEP

H.DOUGLAS.12398

97254

Digitally signed by

BROOKINS.JOSEPH.DOUGLAS.

1239897254 Date: 2020.04.06 11:54:31 -04'00'