JA - SPE7LX-24-R-0001 - FOIA_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-24-R-0001

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 8

[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:

The scope of this solicitation and resulting contract(s) is GTP Contractor and Government supply support for ground tires under the Cooperative Tire Qualification Program (CTQP) Cooperative Approved Tire List (CATL) 1922 (over-the-road/passenger tires) pursuant to FAR Part 51. The Government will pursue a long-term, Requirements Contract(s) for five (5) National Stock Numbers (NSN), with the nomenclature of either “Tire, Pneumatic, Vehicular” or “Tire, Pneumatic, Vehicle”.

This solicitation will support a broad category of ground vehicle tires. This acquisition provides a means to support ground tires that are part of the CTQP, which is administered by the Ground Vehicle Systems Center (GVSC) with Defense Logistics Agency (DLA) oversight and is limited in scope to tire groups that include a DoD ground vehicle application. GVSC is the Engineering Support Activity (ESA), which updates and publishes the CATL 1922 list as directed by DLA. An award against this solicitation will provide the contractual basis for the GTP Contractor to secure tires at Government-negotiated prices, to support the military.

The approved tire list has been updated by GVSC as required by DLA. It is prepared for Group 1, passenger car tires, Group 2, light truck tires, Group 3, medium and heavy truck/bus tires, and special application tires. Tires listed in the CATL 1922 have been tested/approved for procurement by U.S. Federal, State and Local Government agencies. The list is based on the results of Qualification Testing as prescribed in ASTM standard F1922 and accompanying Administrative Manual CTQP-AM-1922.

The current CATL 1922 contains six (6) approved manufacturers for new tires:

These tires do not have a listed CAGE and part number in the Product Item Description (PID).

Offerors must review the PID for each NSN and correlate the specifications to the CATL 1922.

Offerors must provide tires from the assigned Group, based on the specifications listed for the appropriate tire and from an approved manufacturer.

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

Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer

BRIDGESTONE/

FIRESTONE (U.S.A)

INCORPORATED

CONTINENTAL TIRE

NORTH AMERICA

COOPER TIRE &

RUBBER COMPANY

THE GOODYEAR TIRE

& RUBBER

COMPANY

MICHELIN NORTH

AMERICA

SPECIALTY

TIRES OF

AMERICA

Group 1 Group 1 Group 1 Group 1 Group 1 Group 2 Group 2 Group 2 Group 2 Group 2 Group 2 Group 3 Group 3 Group 3 Group 3 Group 3 charles.mielkeii@dla.mil Page 2 of 8 pursue a long-term, firm-fixed price, RC for the five NSNs listed below.

A contract resulting from this solicitation will provide supply support to the GTP contractor pursuant to FAR Part 51 and may provide direct supply support to the Government.

The Federal Supply Group (FSG) for these NSNs is 26 (Tires and Tubes), which represents the commodity class of the item.

The Acquisition Method Code/Acquisition Method Suffix Code (AMC/AMSC) for these NSNs is 1/C.

The proposed action for the solicitation and award of a one (1) year, Firm Fixed Price (FFP) Long-Term Contract (LTC). The contract(s) would consist of a one-year base period with no options. The estimated contract value is $ .

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1): the property required by the agency is available from only one responsible source or only from a limited number of responsible sources and no other type of property will satisfy the needs of the agency.

5. The Government requires tires that are form, fit and functionally interchangeable with those currently used on the supported vehicles. These tires require engineering source approval by the design control activity to maintain the quality of the part. The use of Brand Name or Equal cannot be utilized to maximize competition as these tires are required to be tested and approved in accordance with Cooperative Tire Qualification Program (CTQP) Cooperative Approved Tire List (CATL) 1922 (over-the-road/passenger tires). The tires can only be purchased from the OEM/approved sources for these tires listed on the CATL 1922. The approved sources are the only known sources with the data or data rights necessary to manufacture these tires to meet the military customer requirements, and ensure form, fit, and function interchange with the tires currently on the supported vehicles.

The use of the authority cited in other than 10 U.S.C. 3204(a)(1) above:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority is based on:

AMSC C. This part requires engineering source approval by the design control activity to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s).

The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the

CLIN NSN ITEM NAME AMC AMSC

Estimated

ADQ ADV WSDC WSDC Name 0001 2610010453688 TIRE,PNEUMATIC,VEHICULAR 1 C 409 73A TRUCK, M-915 SERIES, M-916A1 (LET)

0002 2610010637947 TIRE,PNEUMATIC,VEHICLE 1 C 295 UXA CARGO TRAILER, M105A3

0003 2610010781558 TIRE,PNEUMATIC,VEHICLE 1 C 12 VHF SPECIAL, MISC SPARES, VEHICLES

0004 2610011946220 TIRE,PNEUMATIC,VEHICLE 1 C 1038 FVF P-22 FIRE TRUCK

0005 2610013446705 TIRE,PNEUMATIC,VEHICLE 1 C 253 VHF SPECIAL, MISC SPARES, VEHICLES charles.mielkeii@dla.mil Page 3 of 8 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 above are the only approved sources, and they are the only known sources to own or possess the technical data necessary to manufacture this item.

The confirmation of sources listed above was completed during the technical review of these items on 9/18/23, by the Product Specialist, . Please also note that the Product Specialist 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) 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 (System for Award Management) website before the solicitation is posted to the DLA L&M Internet Bid Board System.

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 whether 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 whether the prices are 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, market survey spreadsheet and the product item descriptions, was posted on the SAM.gov website from 6/29/23 to 8/29/23.

Interested parties were asked to return a completed survey to the Contracting Officer. In addition, a copy of the market survey was e-mailed to 38 companies, who are either manufacturers or dealers of tires listed below on 7/5/23, again on 8/17/23 and finally on 8/29/23. Either a company did not respond, or they expressed that they were not interested in the items on this acquisition.

7S2M4 AMERICAN DEFENSE GROUP LLC

5CAZ4 Anthony Ballser

22819 BOEING DISTRIBUTION, INC.

1D6A4 BRIDGESTONE AIRCRAFT TIRE (USA), INC.

charles.mielkeii@dla.mil Page 4 of 8

22337 BRIDGESTONE AMERICAS TIRE OPERATIONS,

0YGF3 CAMSO USA INC.

1QK63 CLARK EQUIPMENT COMPANY

091X8 DESSER TIRE & RUBBER CO., LLC

11201 DEVAL LIFE CYCLE SUPPORT, LLC

5T389 FAST GLOBAL SOLUTIONS INC

56161 GENERAL DYNAMICS LAND SYSTEMS -

C2489 GOLDHOFER AIRPORT TECHNOLOGY GMBH

6K4C8 GOODRICH CORPORATION

56529 HYDRAULICS INTERNATIONAL, INC.

0JKF0 JCB INC.

1YHH8 JLG INDUSTRIES, INC.

0A1K8 MICHELIN NORTH AMERICA, INC.

12195 MICHELIN NORTH AMERICA, INC.

338X5 NAVISTAR DEFENSE LLC

75Q65 OSHKOSH DEFENSE, LLC

3FDD4 PARTS AND REPAIR TECHNICAL SERVICES,

0W357 PDI GROUND SUPPORT SYSTEMS, INC.

6R2M1 POLARIS INDUSTRIES INC.

1T1Z4 POMP'S TIRE SERVICE, INC.

33RT3 SOUTHERN TIRE MART, LLC

66798 SPECIALTY TIRES OF AMERICA, INC.

66144 SPOKANE INDUSTRIES INC

36ZR4 SUPER GRIP CORPORATION

56672 SYN-TECH SYSTEMS, INC.

04NP3 THE GOODYEAR TIRE & RUBBER COMPANY

04NP4 THE GOODYEAR TIRE & RUBBER COMPANY

0SN21 TRELLEBORG WHEEL SYSTEMS AMERICAS, INC.

1BZD4 TRU HITCH INC

44185 WOLLARD INTERNATIONAL, LLC

6PTP0 CAP 360 LLC

20076 TITAN WHEEL CORPORATION OF ILLINOIS

3RRT3 SOUTHERN TIRE MART

073A9 BRIDGESTONE TIRES OPERATIONS, LLC

93ST9 The Toota Group

The following companies were not contacted for the following reasons:

32LM3 ALLIANCE TIRE AMERICAS INC. not in SAM 3EKG7 CARLISLE TIRE & WHEEL CO not in SAM 71496 CARLISLE TIRE AND RUBBER CO DIV OF not in SAM D0198 CONTINENTAL REIFEN DEUTSCHLAND not in SAM 31270 DENMAN TIRE CO inactive in SAM since 2009 45Y69 ETRAILER CORPORATION DBA BROPFS inactive in SAM since 2016 5FAD7 HANKOOK TIRE AMERICA CORP DIV inactive in SAM since 2010 92836 JOHN DEERE TRACTOR WORKS SUB OF not in SAM 1943F KUMHO TIRE CO., LTD inactive in SAM since 2016 charles.mielkeii@dla.mil Page 6 of 8

2610010453688 2610010781558 2610011946220 2610013446705 2610010637947

2. Goodyear indicated that they were interested in a LTC for one three-year base period, tires are commercial.

NSN

PLEASE LIST THE

CAGE YOU

WOULD BE

OFFERING

PLEASE LIST THE PART

NUMBER YOU WOULD BE

OFFERING

ESTIMATED

DELIVERY

2610010637947 2610011946220 2610010453688 2610010781558

3. STM indicated that they were interested in a LTC for one three-year base period, tires are commercial.

NSN

PLEASE LIST THE

CAGE YOU WOULD

BE OFFERING

PLEASE LIST THE

PART NUMBER

YOU WOULD BE

OFFERING

PLEASE LIST THE

PART NUMBER

YOU WOULD BE

OFFERING

2610010453688 2610010637947 2610010781558 2610011946220

Information received regarding the commerciality of these items: Commerciality was investigated using several different techniques. Items on this solicitation are tires used on various land vehicles.

While commercial tires may be manufactured to different specifications, there is no evidence that those specification differences are so substantial to render the military version unsuitable and unavailable for commercial purposes. The definition of Commercial, as found in FAR Subpart 2.101, states "Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purpose." Clearly, a tire used by the military is "of a type" as a tire used commercially. The difference may simply be the size or perhaps a more stringent specification, but nevertheless, these NSNs meet the definition of commercial.

All 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, indicating the items are “commercial of a type”. Accordingly, the acquisition specialist can conclude that the tires at issue in this procurement meet the definition at FAR 2.101 charles.mielkeii@dla.mil Page 7 of 8 under “commercial item” sections (1)(i), (1)(ii), (3)(i) and/or (3)(ii). Therefore, this acquisition will be conducted using FAR Part 12-Acquisition of Commercial Items procedures.

In accordance with DFARS 212.102(a)(ii)(A), “the contracting officer may presume that a prior commercial item determination made by a military department, a defense agency, or another component of DoD shall serve as a determination for subsequent procurements of such item.” As all items on this acquisition have a prior commercial item determination made by this agency, the Contracting Officer may presume shall serve as a determination for this procurement.

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

CLIN 0001, NSN 2610010453688

https://www.speedytire.com/tires/firestone/fs560-plus/11r225-156558

CLIN 0002, NSN 2610010637947

https://www.speedytire.com/tires/bridgestone/r268-ecopia/10r225-000277

CLIN 0003, NSN 2610010781558

https://thetiredealer.com/products/000275-bridgestone-r268-ecopia

CLIN 0004, NSN 2610011946220

https://www.speedytire.com/tires/firestone/fd663/11r225-281042

CLIN 0005, NSN 2610013446705

https://www.speedytire.com/tires/firestone/fd663/295-75r225-281050

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. Based upon the responses to the market survey and purchase history from the most recent LTC for each NSN, the following is a listing of the sources that have an interest in submitting a proposal in response to the solicitation: Pomp’s and STM: all CLINs. Goodyear: CLINs 0001, 0004 and 0005.

11. 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.

These items were previously solicited on SPE7LX-21-R-0038 and awarded on contract SPE7LX- 22-D-0032. See Attachment 1 for the J&A for that acquisition.

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.

charles.mielkeii@dla.mil Page 8 of 8

Charles E. Mielke II, Contracting Officer

APPROVAL REQUIREMENTS

[ x ] up to $750,000 Contracting Officer

Attachments:

1. Previous J&A

2. Tech Cert

MIELKE.CHARLES.EVANS.II

.1253169750

Digitally signed by

MIELKE.CHARLES EVANS.II.1253169750

Date: 2023.09.28 09:18:40 -04'00'