JA Redacted SPRAL122R0010.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZAB

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Cerita.Sellers@dla mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

[ 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 proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

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

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

PANEL,CONTROL,ELECT 6110-01-617-9895 18.00 $ P

The Electrical-Electronic Equipment Control Panel is a panel, upon which are mounted such items as indicator lights, meters, relays, switches, and the like, which is specifically designed for the purpose of controlling the operation of electrical and electronic equipment.

Identify end item, weapon system, or class of item: Light Armored Vehicle (LAV): The Marine Light Armored Vehicle (LAV) is self-propelled, wheeled, lightly armored, combat vehicles, with or without major and/or secondary armament. The LAV is designed to rapidly deploy personnel, cargo, and the like for combat and tactical operations. It may have amphibious and off-the-road capability and excludes carrier (as modified), truck (as modified), and armored car. The panel is used on the LAV for 2355-01-539-3639.

ESTIMATED BASE VALUE: $

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

[ X ] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources. The Marine Corps technical data determined the current NSN is in accordance with approved source: General Dynamics Land Systems (GDLS) CAGE 13160 for part number 16104530-041. GDLS (13160) does not submit the proposal for this item.

GDLS (13160) refers spare part requisitions to their spare parts affiliate, General Dynamics Land System-Canada (GDLS-C) (56161). The proposal will come from GDLS-C (56161).

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On March 24, 2023, USMC Logistics Command (LOGCOM) Equipment Specialist certified the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The NSN is sole source to GDLS-C (56161) per the DLR tech data from Albany, GA. GDLS-C is the only manufacturing source specified on the source control

SOLICITATION

or selected item drawing and is the only source known to have the data and capability necessary to manufacture this item to satisfy the military’s requirement.

The use of the authority cited below:

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

The use of the authority cited is based on:

[ X ] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data.

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:

[ X ] The acquisition will be synopsized on or about 28 March 2023 for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from February 21, 2023, to March 3, 2023, with no responses received. The solicitation will be published for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC)

SPRAL122P0015 3/1/2022 General Dynamics Land Systems-Canada (GDLS-C)

CAGE 56161

10 $24,244.07 $242,440.70 BG

SPRAL117C0003 11/4/2016 Canadian Commercial Corp

(CCC) CAGE 98247

84 $11,804.51 $991,578.84 BG

SPRAL116M0009 12/1/2015 General Dynamics Systems Land (GDLS-C) CAGE 56161

5 $15,704.43 $78,522.15 BI

History indicates the Electrical-Electronic Equipment Control Panel for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted. The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00; therefore, cost and pricing data is exempt per FAR 15.403-4. 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 later deeming prices fair and reasonable for this procurement.

8. Market Research/Efforts to Obtain Competition:

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

SOLICITATIO

Describe the market research conducted and the results. Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM GDLS-C (56161). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 2/21/23 to 3/3/23 for the procurement of the Electrical- Electronic Equipment Control Panel.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X ] A market survey was conducted on/during February 21 2023 to March 3, 2023.

Total number of vendors contacted: One (1) Names of vendors contacted and responding: GDLS-C (56161) did not respond to the market survey.

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to SAM.gov on 2/21/23 with response date of 3/3/23. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code P. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition.

The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery, and OEM information.

Summary of information received: The buyer sought information from the only approved large source GDLS-C (56161) on 2/21/2023. Based on the information above, the market survey was sent to the most recent large business supplier, GDLS-C (56161) on February 21, 2023. The buyer sent a follow-up email to the OEM on March 8, 2023. The buyer sent a second follow-up email to the OEM on March 23, 2023. The OEM did not respond to the market research timely, so the acquisition moved forward with what’s known from the previous requirement SPRAL122P0015. There were no market survey responses submitted from the Sources Sought Notice posted on SAM.Gov.

Information received regarding the commerciality of the item(s): Based on the above, the OEM GDLS-C did not provide any commerciality documentation. A Google search was conducted using the part number 16104530-041 and NSN 6110016179895, but no information was found that could substantiate or determine the item to be commercial. See Attachment 2. Additionally, a General Administration Services (GSA) search was conducted on the part number 16104530-041, which was not found. See Attachment 3. The item is unique to the Government and is made specifically in support of the LAV used for Marine Air-Ground Task Force. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace. The item is not available in the commercial marketplace.

Therefore, the Contracting Officer hereby determines this item to be a non-commercial item.

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

[ X ] Based upon the attached technical certification, 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.

SOLICITATION SPRAL122ROOIO

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:

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Pmi Number Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Pmi Numbered Items [X ] Other: The Mm·ine Corps does not intend to procure the technical data necessmy to promote competition. A SSN posted to SAM.gov for 10 calendar days without receiving any responses for vendor to submit a SAR.

12. The previous buy SPRAL122P0015, is a small purchase, therefore, a J&A was not required.

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.

SELLERS.(ERIT A. Digitally signed by

SELLERS.CERiTA.F .1250708994

F.1250708994 Date:2023.03.2816:50:01 -04'00'

Contracting Officer

28 March 2023

Date

APPROVAL REQUIREMENTS

[ X] Up to $750,000 Contracting Officer

Attachment(s):

1. DLR Tech Data Ce1i

2. Google Search

3. GSA Search