JA - SPE7LX-23-R-0066 reviewed_Redacted.pdf

Controlled by DLA Land and Maritime – SAPD – ZAA. CUI Category: Source Selection Information (See FAR 2.101 and 3.104). Distribution/Dissemination Control: FED ONLY. POC:

charles.mielkeii@dla.mil Page 1 of 6

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-0066

[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:

This project will allow for continued support to the Global Tire Program (GTP). The scope of this solicitation and resulting contract(s) is GTP contractor and Government supply support for part-number tires to support various ground and air weapon systems.

This solicitation is being issued under the authority of 10 U.S.C. 3204 (a)(1) and FAR

6.302 -1(a)(2) and contemplates the award of a contract for items of supply that are available from only one or a limited number of responsible sources. The Government will pursue a long-term, firm-fixed price, Indefinite Quantity Contract (s) for five NSNs.

Contract Line Item Number

(CLIN)

National Stock Number (NSN) Item Name

Acquisition Method Code

(AMC)/Acquisition Method Suffix Code

(AMSC)

Current Long-Term

Contract

(LTC)

Price

Annual Demand Quantity

(ADQ)

Annual Demand Value (ADV)

Guaranteed Minimum

Contract Maximum

0001 2610013116853 TIRE,PNEUMATIC,VEHICULAR 3 / D $ 1,056

0002 2610013578333 TIRE,PNEUMATIC,VEHICULAR 3 / D $ 4,840

0003 2610015541191 TIRE,PNEUMATIC,VEHICULAR 3 / D $ 9

0004 2610016605812 TIRE,PNEUMATIC,VEHICULAR 3 / C $ 60

0005 2610016788323 TIRE,PNEUMATIC,VEHICULAR 3 / C $ 299

NSN

Commercial and

Government Entity (CAGE) code

Approved Source Approved Part Number

2610013116853 04NP3 The Goodyear T ire & Rubber Company 756-254-420 2610013116853 12195 Michelin North America, Inc. 09807 2610013116853 22337 Bridgestone Americas T ire Operations 004168 2610013578333 12195 Michelin North America, Inc. 04852 2610015541191 49185 Terex American Crane Corp. 60459340 2610015541191 12195 Michelin North America, Inc. 30097 2610015541191 12195 Michelin North America, Inc. 39675 2610016605812 73808 Continental T ire the Americas, LLC 05230510000 2610016788323 04NP3 The Goodyear T ire & Rubber Company 138-006-798

SOLICITATION SPE7LX-23-R-0066

charles.mielkeii@dla.mil Page 3 of 6 be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid. The sources listed are the only approved sources approved by the design control activity.

AMSC D (3 NSNs). 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. The sources listed above are the only approved sources for these items because they are the only known sources with the data necessary to manufacture the items.

The confirmation of sources listed above was completed during the technical review of these items on 8/26/22, by the Product Specialist, . Please also note that the Product Specialists confirmed that the technical data, including the AMSC codes in addition to the approved sources, is accurate and there are no open 339s for these items. Based on the limited data the Government possesses, only the approved sources listed above can meet the Government’s minimum needs for these items. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: The synopsis will be posted on the SAM.gov website before issuance of the solicitation. The solicitation will be posted on the SAM.gov for no less than 30 days.

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

Certified Cost or Pricing Data is not required per FAR 15.402-1 (b) (3) for the items listed above.

These items are solicited I/A/W FAR 12—Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart

15.4. If other than certified cost or pricing data cannot be obtained, at a minimum, the Contracting Officer shall determine the prices fair and reasonable based on price analysis of the proposed prices compared to the historical prices paid for all items; however, competition is expected for this acquisition.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, which included a market survey, was posted on the beta.SAM.gov website from 9/2/22, to 9/12/22, but no responses were received. Interested parties were asked to return a completed survey to the Contracting Officer. In addition, a copy of the market survey was

SOLICITATION SPE7LX-23-R-0066

charles.mielkeii@dla.mil Page 5 of 6 distributors). Industry was asked whether each NSN constituted a commercial item, as defined in FAR 2.101. All of the vendors indicated, in their market survey responses, that all of products listed for this proposed solicitation are commercial. The manufacturers make both commercial and non-commercial tires, thus further solidifying the “of a type” application herein. Accordingly, the acquisition specialist is able to conclude that the tires subject to this requirement fall under the FAR commerciality definition “of a type” language, referenced above. Therefore, this acquisition will proceed in accordance with FAR Part 12-Acquisition of Commercial Items procedures.

In addition to the above, all five items could be found purchase on the internet at the links listed below.

CLIN 0001 can be found on the internet at: https://www.speedytire.com/tires/goodyear/g291/315- 80r225-756254420 CLIN 0002 can be found on the internet at:

https://www.otrusa.com/product/39585r20-15-580r20-18pr-michelin-xzl-168g-tl-complete-wheel/ CLIN 0003 can be found on the internet at:

https://www.speedytire.com/tires/michelin/x-crane+/445-95r25-30097 CLIN 0004 can be found on the internet at:

https://www.petestirestore.com/31580R225-Continental-HSR2-SA-Commercial-Truck-Tire-20- Ply_p_16531.html CLIN 0005 can be found on the internet at:

https://tireswheelsdirect.com/product/utragrip-rtd/

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 for these CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, these items are subject to the following methods of locating additional sources: The solicitation contains L04 – Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items.

11. These items were previously awarded from the following solicitations and LTCs listed below.

The J&As for these LTCs are in the file.

CLIN NSN Solicitation Contract No. Company

0001 2610013116853 SPE7LX-20-R-0058 SPE7LX-20-D-0186 Pomp’s Tire Service, Inc.

0002 2610013578333 SPE7LX-20-R-0058 SPE7LX-20-D-0185 Michelin North America, Inc.

0003 2610015541191 SPE7LX-20-R-0058 SPE7LX-20-D-0185 Michelin North America, Inc.

0004 2610016605812 SPE7LX-20-R-0058 SPE7LX-20-D-0186 Pomp’s Tire Service, Inc.

0005 2610016788323 SPE7LX-20-R-X067 SPE7LX-20-D-5062 Pomp’s Tire Service, Inc.

SOLICITATION SPE7LX-23-R-0066

Controlled by DLA Land and Maritime – SAPD – ZAA. CUI Category: Source Selection Information (See FAR 2.101 and 3.104). Distribution/Dissemination Control: FED ONLY. POC:

charles.mielkeii@dla.mil Page 6 of 6

Contracting Officer Certification 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.

Charles E. Mielke II, Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate

APPROVAL REQUIREMENTS

[ x ] up to $750,000 Contracting Officer [ x ] $750,000 - $15,000,000 Competition Advocate

MIELKE.CHARLES.EVANS.I

I.1253169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2023.04.10 09:09:26 -04'00'

SHEARER.MARY.E.12

50702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.04.14 15:40:55 -04'00'