JA REDACTED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L321Q0292

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

(FEB 2017)

FOUO

Source Selection Information – See FAR 2.101 and 3.104

[ 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.

a. FAR Subpart 13.5 procedures are being used pursuant to 41 U.S.C. 1901

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

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

BEADLOCK, SPACER KIT 2640-01-612-6934 10,990 3D

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

Subject NSN is an internal components of the HMMWV wheel assembly. This kit is in support of various weapon systems including various utility trucks and the HMMWV. Kit is used by the Departments of Army, Navy and Marines.

ESTIMATED TOTAL VALUE:

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:

HUTCHINSON INDUSTRIES, INC. 62161 P/N 60462

The use of the authority cited below:

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

[x ] AMSC D. 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.

Per the Approved Manufacturer Parts List available for this NSN, only HUTCHINSON INDUSTRIES, INC.

62161 P/N 60462 has 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, Joseph Cocanour, conducted the last technical review of this item on February 23, 2021 and

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

(FEB 2017)

FOUO

Source Selection Information – See FAR 2.101 and 3.104 certified all information as accurate and complete. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3D 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 ] The acquisition will be synopsized on or about __March 16, 2021_____.

[ x ] Request for Quote will be posted on DIBBS for a period of 13 days to allow any offeror the opportunity to submit a quote for the product of HUTCHINSON INDUSTRIES, INC. 62161 P/N 60462.

[ x ] A sources sought was posted to FedBizOpps between February 22, 2021 – February 27, 2021 with a market research request form attached, but no responses were received to date.

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

The price analysis of historical contracts, as well as current and future years will be based on the Global Insights Producer Price Index (PPI) forecasts.

Additionally, negotiations may be held with offerors if necessary, to determine whether the cost is fair and reasonable.

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

This is a definite quantity firm fixed price purchase order for a total quantity of 10,990 KT 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)]:

[ x ] A market survey was conducted on/during February 22, 2021 – March 5, 2021.

Total number of vendors contacted: One Names of vendors contacted:

CAGE 62161 – HUTCHINSON INDUSTRIES, INC (previous awardee)

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.

Summary of response received:

CAGE 62161 did not respond to the market survey to date.

Previous history for this item shows multiple awards in the past 10 years awarded to the OEM CAGE 62161.

Commercial Determination:

In accordance with FAR 10.002(b) and FAR 2.101, Definitions, a review has been conducted of the item description(s) to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs.

Market research yielded previous commercial determination on purchase order SPE7L519P0685P00002. Item was determined commercial based on market surveys, internet searches and Product Specialist review. Previous Contracting Officer determined this kit met the definition of a commercial item of a type as found in FAR 2.101.

(SEE ATTACHMENT II).

Product Specialist, , verified the item is Commercial of Type per FAR 2.101 on February 23, 2021.

The Product Specialist for previous procurement SPE7L519P0685P00002 stated that combat vehicles runflats for which this assembly is utilized are designed from a proprietary blend of rubber, polymers, and a Kevlar cable inside to prevent it from separating or breaking apart when damage is caused by a road hazard or a ballistic attac .

These characteristics are essential to end users in order to maintain control of the vehicle and to ensure that the vehicle can operate at speeds not to exceed 20 mph (32 kph) so that personnel can depart from dangerous or desolate areas. No other commercial item meets these essential requirements based on this item initially being developed for the U.S. Military for combat operations. The Government cannot pursue a Brand Name or Equal specification based on salient characteristics that are readily available in the commercial marketplace since this item was specifically designed for the military performing combat operations. This is a critical item that is designed and tested to maintain certain speeds and distances that are present in combat situations and it is weapon system coded to multiple applications. Commercial equivalents include cash transit armored vehicles, ambulances, fire trucks, armored sedans or SUVs. The commercial and military eadlocks consist of the exact same rubber compound and Kevlar cable and the eadlock is designed to increase the mobility of a vehicle operating in a soft terrain. The eadlock ensures the clamping of the tire beads on the rim at lowered or zero pressure which creates a larger footprint of the tire in the soft terrain such as sand, mud, or snow. The only difference between the commercial version and the military version is the weight of the eadlocks. The Product Specialist further stated that the military version has been tested to perform in combat related situations that will likely not be experienced by the comparable vehicles. Therefore, this item is considered to be commercial of a type. Hutchinson is the only known source with proven knowledge to manufacture this item to meet the needs of the Government at this time.

Therefore, based on prior commercial item determination and Product Specialist verification, the Contracting Officer determines this item is commercial of a type in accordance with FAR 2.101(1)(i) “Commercial of a Type”.

The Government is utilizing FAR Part 13.5 procedures. The solicitation shall be issued pursuant to Simplified Acquisition Procedures.

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

(FEB 2017)

FOUO

Source Selection Information – See FAR 2.101 and 3.104

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

(FEB 2017)

FOUO

Source Selection Information – See FAR 2.101 and 3.104

Synopsis will state that based upon market research, the Government is using the policies contained in FAR Part 13.5.

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)

NONE

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

The solicitation contains the PROC NOTES L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items.

12. FARS 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. Contracting Officer has searched Records Management for previous J&A’s. The J&A for previous procurement SPE7L519P0685P00002 is attached. (SEE ATTACHMENT III)

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

WHITING.MONIC

A.L.1378381815

Digitally signed by

WHITING.MONICA.L.137838181

Date: 2021.03.22 10:56:53 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.03.22 12:04:52 -04'00'

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

(FEB 2017)

FOUO

Source Selection Information – See FAR 2.101 and 3.104

ATTACHMENTS:

I. ITEM REVIEW

II. PREVIOUS PROCUREMENT SPE7L519P0685P00002 CID

III. PREVIOUS PROCUREMENT J&A: SPE7L519P0685P00002