JA REDACTED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L321R0027

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

(MAY 2018)

[ 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:

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

DOOR, VEHICULAR 2510-01-586-8061 39 3B

Identify end item, weapon system, or class of item:

This item is a curbside spare door assembly for a rectangular vehicular door specifically designed to cover a lateral ingress or egress opening of a vehicle cab. Item is used by the Departments of the Army and Marines. End item weapon system for this assembly is the high-mobility artillery rocket (NSN 2320-01-565-3428).

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (50% OPTION):

MAXIMUM CONTRACT VALUE:

This solicitation is for 39 each and includes a 50% option to procure up to a maximum of 58 each that will result in a definite quantity firm fixed price contract.

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

[ x ] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

The Government requires spare parts that are form, fit and functionally interchangeable with those currently used on the supported weapon system.

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

BAE SYSTEMS LAND & ARMAMENTS L.P. 076M6 P/N 12509407-002

BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP 0FW39 P/N 12509407-002

The use of the authority cited below:

[ x ] AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

[ x ] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD- STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.

If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

Per the Approved Manufacturer Parts List available for this NSN, only BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP 076M6 and BAE SYSTEMS LAND & ARMAMENTS L.P. 0FW39 have been identified by the Government as having the complete technical data set to supply this NSN to DLA and the using military service.

As such, acquisition from the currently approved source is required. Product Specialist, , conducted the last technical review of this item on November 24, 2020. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3B was verified as correct. Currently, there are no 339's generated to the ESA for this material. Based on technical review, only the approved source has the technical data to successfully manufacture this item for the Government and using military service.

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

[ x ] A sources sought was posted to Beta.Sam.Gov between November 20, 2020 – November 27, 2020 with a market research request form attached, but no responses were received to date.

[ x ] The acquisition will be synopsized on or about December 7, 2020 for 15 days prior to the solicitation opening.

[ x ] At the completion of the synopsis period, the Request for Proposal will be posted on DIBBS for a period of 30 days to allow any offeror the opportunity to submit a Proposal for the product of BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP 076M6 and BAE SYSTEMS LAND & ARMAMENTS L.P. 0FW39

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.

BAE SYSTEMS LAND & ARMAMENTS L.P. 0FW39 recently quoted this item at . Price is substantially increased from previous procurements. Contracting Officer will request the submission of uncertified cost or pricing data to support prices proposed. Additionally, discussions may be held with offerors, if needed, to determine price fair and reasonable.

The DLA Land and Maritime Contracting Pricing Support Office maybe utilized for pricing reasonableness assistance.

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

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the

Government will be fair and reasonable

8. Market Research/Efforts to Obtain Competition:

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

[ x ] A market survey was conducted on/during 11/20/2020 – 11/27/2020.

Total number of vendors contacted: 1.

Names of vendors contacted:

CAGE 0FW39 - BAE SYSTEMS LAND & ARMAMENTS L.P.

Techniques used to conduct survey: email

Types of information requested:

Size of business, type of business, commerciality, price listed/stock inventory status, willingness to offer proposal, delivery schedule, quantity sensitivity, Inspection/Acceptance points, and hazardous materials.

Market Survey responses:

CAGE 0FW39 - BAE SYSTEMS LAND & ARMAMENTS L.P.

from BAE SYSTEMS LAND & ARMAMENTS L.P. did not return a completed market survey. However, provided an email with -6253. This NSN is the companion vehicular door assembly to NSN 2510-01-586-8061. The email from also provided pricing for the similar item.

BAE stated interest in providing a proposal

Previous history for this item shows two procurements in 2013. One for a quantity of 4 EA and one for a quantity of 8 EA with unit prices of $8,471.91 and $8,758.45 EA respectfully. Awards were issued to the approved source

BAE SYSTEMS LAND & ARMAMENTS L.P. CAGE 0FW39.

Commercial Determination:

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. General public is interpreted as individuals using such parts in a non-governmental or military capacity.

The SAP COTS status is blank status, No results were found on the GSA Advantage site.

Product Specialist indicated the item is for military use only.

Therefore, the Contracting Officer determines this item to be non-commercial. The Government is not utilizing FAR Part 12 procedures. The solicitation shall be issued pursuant to FAR Part 15 procedures.

Synopsis will state that based upon market research, the Government is not using the policies contained in FAR Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

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

[ x ] 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: (If none, so state)

CAGE 0FW39 - BAE SYSTEMS LAND & ARMAMENTS L.P.

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

The solicitation will contain the PROC NOTE L22 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE

CONTROLLED ITEMS

12. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. However, all previous procurements were issued utilizing Simplified Acquisition Procedures and a J&A is not required under these procedures.

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

Contracting Officer Date

Competition Advocate Date

APPROVAL REQUIREMENTS

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

ATTACHMENTS:

1. TECHNICAL ITEM REVIEW

COOK.MINDY.

M.1410011669

Digitally signed by

COOK.MINDY.M.1410011669

Date: 2020.12.08 10:23:36 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.12.15 09:06:39 -05'00'