JA SPE7L321Q0070 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L3-21-Q-0070

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

(AUG 2016)

[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 for 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 TOTAL VALUE AMSC

MAINTENANCE KIT, VEH 4910-01-626-0628 /

SW37194

57/EA D

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + 50% OPTION):

MAXIMUM CONTRACT

This is a definite quantity contract for a quantity of 57 EA and includes a 50% option to procure an additional 29 each maximum.

Identify end item, weapon system, or class of item: M1000 Trailer for Semitrailer, Tank Transporter

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 of supply, include source and CAGE code:

DRS SUSTAINMENT SYSTEMS, INC. (DRS) CAGE 98255, part number SW37194, is the only approved source.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

DRS SUSTAINMENT SYSTEMS, INC. CAGE 98255 is uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture the item. Acquisition from the currently approved source is required. Salient characteristics on each individual item in the kit are not readily available. On 20 October 2020, a referral was sent to Product Specialist to certify the accuracy of AMC/AMSC and the list of approved sources. replied on 13 November 2020, confirming that the AMC, AMSC, part number and approved source list was accurate and complete. (SEE ATT 1) This item is NOT designated as a

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

(AUG 2016)

critical safety item (CSI). 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. DRS Land Systems Cage 98255 is also the only approved source for the end item NSN

2330-013038832 SEMITRAILER,TANK TRANSPORTER.

This kit is a 5 year Maintenance kit with replacement parts the for M1000 trailer. The 5-year maintenance kit for the trailer is for military application only, and are the only known replacement parts that will ensure the military end item functions in accordance with military requirements.

Per ESA DSCC-VE-17-42531 the only source for this material is DRS SUSTAINMENT SYSTEMS, INC. PN:

SW37194 Cage 98255. There are no other known sources capable of manufacturing the items to meet the requirements, ESA requires any new potential source of supply to submit a SAR package for ESA approval. Only after approval can the Product Specialist add the new source to the TIR. Until ESA approves a new source all vendors will have to show trace back to Cage 98255 DRS SUSTAINMENT SYSTEMS, INC.

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

[X] The acquisition will be synopsized for 1 day prior to the solicitation opening on beta.SAM.gov. At the completion of the synopsis period the acquisition will be solicited on the internet for 13 days via DIIBS.

7. This is a definite quantity contract, for a quantity of 57 each. Price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

There is one approved source: DRS SUSTAINMENT SYSTEMS, INC. (98255), part number SW37194. SAIC (79343), the authorized dealer for DRS, has quoted on previous solicitations, and was the only company to quote on them. A sources sought was posted to FBO on 13 November 2020 2020 and closed on 20 November 2020. No companies expressed interest in the posting.

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 for the kit as a whole. This item is determined to be Commercial of a type, as some of the items within the kit are sold commercially, however the kit in its entirety is only produced for the government. Therefore, the Contracting Officer determines this item to be Commercial-of-a-type and the solicitation shall be issued pursuant to FAR Part 13.5 procedures.

A firm fixed price contract will be issued. Material Master does show this NSN as commercial.

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

(AUG 2016)

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. The data presently available reflects the minimum needs of the Government.

10. A listing of sources indicating an interest in the acquisition:

SAIC (79343) based on past history and market survey response.

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

[X] This solicitation will contain DLAD Procurement Notes L04 (offers for part numbered items) and M06 (evaluation of offers for part numbered items) which permit offers to quote alternate items.

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 last procurement for this NSN was issued per 13.5 procedures and the J&A is attached. (SEE ATT 2)

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

Monica Whiting, Contracting Officer

Mary Shearer,- Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachments:

ATT 1 Technical Referral ATT 2 Previous JA

WHITING.MONICA.L.

1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2020.12.14 07:19:00 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.12.15 14:52:22 -05'00'