JA_SPE7LX20R0072_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0072

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

(April 2014) P a g e | 1

[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

ANNUAL

DEMAND

QUANTITY

EST. ANNUAL

DEMAND

VALUE AMC AMSC

Armor, Transparent, Vehicular 2541-01-600-1887 245 1 C Armor, Transparent, Vehicular 2541-01-600-1901 250 1 C Armor, Transparent, Vehicular 2541-01-600-1909 549 1 C Armor, Transparent, Vehicular 2541-01-600-1911 502 1 C Armor, Transparent, Vehicular 2541-01-600-2079 1,081 1 C

2 Year Base Estimated Value = 5 Year Total Estimated Value =

Contract Maximum =

Estimated value and contract duration:

The proposed action is for the solicitation and award of a five-year, Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity type contract. The five-year period includes one two-year base period and three separately priced one-year option periods. The 2-year base period estimated value is

, and the base period plus three option years' estimated value is The contract maximum is

Identify end item, weapon system, or class of item:

The NSNs are primarily associated with the Mine Resistant Ambush Protected vehicle, or more commonly known as the MRAP, as listed in the table below.

WSDC LONG_NAME SHORT_NAME

37F

MINE RSISTNT AMBUSH PRTCTD ALL TERIN (M-ATV),L292

VECH (MRAP) M-ATV VEHICLE (MRAP)

CLA MRAP M-ATV UI UNDERBODY IMPROVEMENT MRAP M-ATV UI UNDERBODY IMPROV

G2A MINE RESISTANT VEHICLE CS13 POP MINE RESISTANT VEHICLE CS13 PO

G4A MINE RESISTANT VEHICLE CS13 SNE TRUCK MINE RESISTANT VEHICLE CS13 SN

GDA M-ATV UI WITH CROWS M-ATV UI WITH CROWS

MQA OSHKOSH MRAP - ALL TERRAIN VEHICLE (M-ATV) OSHKOSH MARAP - ALL TERRAIN VE

MRA

THIS WILL BE THE PARENT WSDC FOR ALL ARMY MRAP

WSDCS PARENT WSDC FOR ALL ARMY MRAP

1DM MINE RESISTANT VEHI (TAMCN: D00367K) (MRAP) MINE RESISTANT VEHI (MRAP)

B9A OSHKOSH MRAP-ALL TERRAIN VEH M-ATV, SOCOM OSHKOSH MRAP-ALL TERRAIN VEH M

The MRAP is a multi-purpose vehicle used by the US Army and the Marine Corps. The MRAP is an armored, mobile, diesel-powered, four-wheel-drive tactical vehicle that was designed primarily to protect its occupants from improvised explosive devices (IEDs) deployed by the enemy along roadways and transportation routes throughout the Afghan and Iraq theaters. It has a number of different configurations

P a g e | 2 that allow for troop transport, route mine clearance, anti-personnel warfare, and command/control operations among others. It primarily performs in desert or mountainous terrain, for long periods of time, with minimal maintenance. It has to carry its cargo and occupants safely while dodging instruments of war — bullets, bombs and mines.

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

[X] 10 U.S.C. 2304(c)( l ) - Available from only one or a limited number of sources.

5. Acquisition is restricted only to the following source(s) of supply for all items:

CAGE 71355 / SierracinSylmar DBA PPG; CAGE 458W5 / Standard Bent Glass Corp.; CAGE 4ZJC3 / HPLogIT Management LLC; and CAGE 6QCL5 / Schott North America, Inc. DBA. For NSN 2541-01- 600-1901, CAGE 75Q65 / Oshkosh Defense, LLC DBA Oshkosh is also approved.

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC C. This part requires engineering source approval by the design control activity in order 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 part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

[X] Other: (Explain) Due to the criticality of the items, the Government has reserved the right to approve sources and only CAGEs 6QCL5, 71355, 4ZJC3 and 458W5 have been approved for four of the five NSNs. For NSN 2541-01-600-1901, the product of CAGE 75Q65 is also approved. In addition, per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGEs 6QCL5, 71355, 4ZJC3 and 458W5 (and CAGE 75Q65 for NSN 2541- 01-600-1901) have been identified as having the proper complete technical data and manufacturing expertise to supply the items to DLA and the using military services. The items have a WSIC code of F or T, indicating that failure of the parts will render the end item inoperable. Therefore, competition must be limited to offers of the product of CAGEs 6QCL5, 71355, 4ZJC3 and 458W5 (and CAGE 75Q65 for NSN 2541-01-600-1901). The most recent technical review for all 5 NSNs was conducted on 05/14/2019 for the original LTC project by the SAPD product specialist team, and no additional sources for the NSNs were identified at that time. The NSNs were also determined to be suitable for an LTC at that time. See attachment titled “CL19105001 Tech Cert”. DLA was advised by the design control control activity, TACOM, via letter on 12/19/2019, that source 4ZJC3 had been added to the approved source list. See attachment titled “USArmy_12182019_new_source_approved”. The contracting officer has verified that this source is listed on each NSN with their corresponding part number.

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

[X] The acquisition will be synopsized on www.fbo.gov on or about 02/12/2020.

[X] The acquisition will be posted to www.dibbs.bsm.dla.mil on or about 02/28/2020.

P a g e | 3

CAGE 4M0Z0 is a previously approved source and was removed on 04/25/2019 as an approved source for all the NSNs on this acquisition by the Engineering Support Activity. CAGE 4M0Z0 has indicated they are submitting refreshed source approval packages to the Engineering Support Activity, incorporating a drawing change issued in late November 2019. CAGE 4M0Z0 also stated they plan to submit an alternate offer, and their CAGE has been added to the bidders’ list for this solicitation.

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

This will be a five-year, firm fixed price, indefinite delivery indefinite quantity type contract. The five year period is inclusive of one two-year base period, and three separately priced one-year option periods.

Based on the results of market research, the contracting officer anticipates that adequate price competition between independent manufacturers will exist at time of offer evaluation. If adequate price competition does not exist at time of evaluation, the contracting officer may obtain certified cost/price data and appropriate DCMA/DCAA support for a reasonableness determination. The price analysis for future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research for the previous solicitation issued for this project (SPE7LX-19-R-0168) including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Sourcing Strategy team's Contract Specialist also researched the procurement history for the item on the proposed solici tation and emailed each of the suppliers that still had a valid registered CAGE. The information below was accumulated for the previous solicitation and is still considered relevant for this acquisition.

Sources Sought Notice:

On 06/06/2019, a Sources Sought notice was posted to www.fbo.gov, which also contained an attached market survey. The date of return referenced on the sources sought notice was 06/13/2019.

As of 08/08/2019, one additional source responded to the notice. That source, CAGE 4M0Z0 / Oran Safety Glass, Inc., provided completed survey documentation. CAGE 4M0Z0 is a previously-approved source who plans on submitting an alternate offer to this solicitation if their CAGE has not been re-added to the approved source list by the time the solicitation is published on DLA DIBBS.

Market Research Conclusion:

A market survey was conducted on: 05/20/2019 – 02/04/2020.

Total number of vendors contacted: 3 Names of vendors contacted and responding:

CAGE 71355 / SierracinSylmar Corporation DBA PPG – responded;

CAGE 458W5 / Standard Bent Glass Corp. – responded;

CAGE 4ZJC3 / HPLogIT Management LLC – responded.

CAGE 6QCL5 / Schott North America, Inc., while listed in the approved source list, does not have an active www.sam.gov registration, and the telephone numbers associated with their historical registration are disconnected. Therefore the contracting officer was unable to reach them to obtain an updated email address to send the survey documents.

P a g e | 4

Techniques used to conduct survey: E-mail, Sources Sought Notice.

Types of information requested: Commerciality, Length of Contract, Delivery & General information questions.

Summary of previous information received:

1. On the returned sources sought market survey from CAGE 4M0Z0 / Oran Safety Glass, Inc., they indicated their business size was small and they are a manufacturer. They indicated they would accept a long term contract

They indicated they do not consider the NSNs to be commercial.

2. On the returned market survey from Standard Bent Glass, they indicated their business size was small and they are a manufacturer. They indicated they would accept a long term contract

They indicated they do not consider the NSNs to be commercial. They are willing to quote based on a Firm Fixed Price contract.

They also indicated that they feel this group of items is a logical grouping to put on the same solicitation.

3. Sierracin Sylmar Corp. DBA PPG / CAGE 71355 indicated their business size was large and they are a manufacturer. They indicated they would accept a long term

They indicated they do not consider the NSNs to be commercial.

4. While Oshkosh Defense, LLC/ CAGE 75Q65 is listed in the approved source list for NSN 2541-01- 600-1901, they have not directly supplied this item to DLA Land and Maritime and the using military services since before 2012 (over 6 years) and is not expected to provide an offer for these NSNs.

5. Regarding CAGE 458W5, the contracting officer was notified on 7/26/2019 on another acquisition that Ibis Tek, Inc. (CAGE 1SC69) had acquired Standard Bent Glass Corp. (CAGE 458W5) earlier this year. The contracting officer found corroborating information on a commercial glass industry website outlining the purchase, along with a notation in the www.sam.gov registration for Standard Bent Glass that their immediate owner is Ibis Tek, Inc. The firm would still be classified as a small business under the NAICS associated with this acquisition as their total employee count is still less than 1,250. It is anticipated that CAGE 1SC69 will submit a proposal for this acquisition offering the product of CAGE 458W5.

Additional market research conducted for this solicitation:

1. The contracting officer also sent a market survey to CAGE 4ZJC3 on 01/30/2020 in light of their recent addition to the approved source list for these 5 NSNs. CAGE 4ZJC3 indicated on their returned survey that their business size was small (service-disabled veteran owned HUBZone small business) and they are a manufacturer. They indicated they would accept a long term contract indicated they do not consider the NSNs to be commercial. They also

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

P a g e | 5

2. Information received from HPLogIT Management LLC indicated that their glass supplier for these NSNs is SierracinSylmar/PPG, and that they will provide the metal frames, packaging, and marking.

It is reasonable, therefore, to conclude that SierracinSylmar will not provide a proposal directly to the Government for this solicitation.

Information received regarding the commerciality of the item(s): MM03 COTS field is blank for these NSNs, indicating the technical community has not made the recommendation to determine the items non-commercial. These particular NSNs are not listed on any GSA Federal Supply Schedules. Lastly, all Google results for these particular NSNs were tied to Government information sources. There was no indication that they are readily available for purchase by the general public via normal commercial outlets such as brick and mortar stores or online retailers. There was also no indication that they had ever been advertised publicly for sale to the general public. Items are therefore determined to not be commercial.

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

[X] 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, if any, indicating an interest in the acquisition is: (If none, so state) Ibis Tek, Inc. / CAGE 1SC69; Oran Safety Glass, Inc. / CAGE 4M0Z0; CAGE 4ZJC3 / HPLogIT Management LLC.

11. This acquisition is subject to the following methods of locating additional sources:

[X] The solicitation contains the provisions entitled ‘Offers for Part Numbered Items’ and ‘Evaluation for Offers for Part Numbered Items’.

[X] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. Previous contract SPE7MX-16-D-0077’s justification and approval is attached.

Attachments:

USArmy_12182019_new_source_approved

J&A SPE7MX17D0077

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014) P a g e | 6

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 $700,000, this signature serves as the approval.

Carol M. Bucher, Contracting Officer Date

APPROVAL/CERTIFICATION

Approval / Certification

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

MARY E. SHEARER Date Competition Advocate

MARK A. BROWN, SES Date Acquisition Executive

APPROVAL REQUIREMENTS

(X) $13,500,000 - $93,000,000 Head of the Contracting Activity (HCA)

02/04/2020

02/25/2020

Digitally signed by

BUCHER.CAROL.M.1267565690

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=BUCHER.CAROL.M.1267565690

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.02.25 11:35:22 -05'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.104117

Date: 2020.02.25 12:30:28 -05'00'