JA SOL-SPE7L125R0021_COMPAD(CUI)_redacted_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L125R0021

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[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. VALUE AMSC

Maintenance Kit, Veh 4910-015989631 203 each 3/D

Identify end item, weapon system, or class of item: TRUCK, UTILITY: EXPANDED CAPACITY ARMT C, FLDD Wheeled Vehicle/HMMVW

The solicitation is for a DLA Direct Requirement, PR 7007468226, WSIC: Y, WSDC: 0QM

ESTIMATED BASE VALUE:

Base Qty of 203 each; $ Options: NONE This is a firm, fixed price award.

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.

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

BAE SYSTEMS LAND & ARMAMENTS L.P. (80212) P/N 4309500 and BAE SYSTEMS LAND &

ARMAMENTS L.P. (076M6) P/N 4309500 are uniquely qualified because they are the only known source with the data or rights to the data necessary to manufacturer this item.

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 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.

Controlled by: DLA Land and Maritime

Controlled by: FLSC CUI Category: PROCURE/SSI

Distribution/Dissemination Control: FED ONLY

POC:

SOLICITATION SPE7L125R0021

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

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

[X] The acquisition will be synopsized on or about 15 days on SAM.gov prior to the solicitation opening.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ ] Other. (Explain) .

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

The PO history shows multiple past awards:

A sources sought request was posted on SAM.gov on 11-26-24 and was posted for 5 business days.

o Received a response from BHPE LLC, Cage: 9SWS7. They are not an approved source. I replied to their email and provided them the SAR’s guide to become an approved source.

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

[X] A market survey was conducted on 11-19-24.

Total number of vendors contacted: 2.

Names of vendors contacted and responding:

1. BAE Systems Land and Armaments LP (80212 and 076M6)- No response.

o 12-2-24 Sent follow up email to BAE to see if they are interested in completing a market survey. They did not respond.

2. Equipment Parts Sales (1N0P1)- Received a response, “We supply only new government surplus”.

No other response was provided.

SOLICITATION SPE7L125R0021

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

Techniques used to conduct survey: E-mail correspondence.

Types of information requested:

1. Business size.

2. Manufacturer or dealer.

3. Commerciality.

4. Price breaks.

5. Minimum order quantity.

6. Estimated delivery.

Summary of information received:

None of the market surveys were returned.

Information received regarding the commerciality of the item(s):

No results were returned on GSA or CID database. 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, and that are available to the general public for inspection. There is no evidence of sale prices at which sales were made to a significant number of buyers constituting the general public.

Therefore, the Contracting Officer determines this item to be non-commercial, thus FAR 15 procedures will be utilized.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is:

A response from the sources sought posting did gain a response from BHPE LLC, Cage: 9SWS7.

They are not an approved source. I replied to their email and provided them with the SAR’s packet.

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)