JA SPE7LX24D0091 CL23258002.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24R0052

Controlled by: DLA Land and Maritime Controlled by: Strategic Acquisition Project Division

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC:

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[ 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. The objective of this procurement is to place the item(s) on a firm fixed price, Indefinite Delivery Indefinite Quantity, long-term contract (LTC). Based on market research, the Government will pursue a contract with a maximum of five (5) years. The contract period will be comprised of a 3-year base and two 1-year option periods. Option years will be exercised at the discretion of the Government. The total duration of the contract shall not exceed five (5) years.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN QUANTITY ADV AMSC

Mount, Resilient, Gen 5340-01-611-1988 2,619 1C

NSN 5340-01-611-1988 is classified under NAICS 332510. The highest priority weapon system code is MRA.

This is the parent weapon system designator code (WSDC) for all Army MRAP WSDCs.

ESTIMATED BASE VALUE: $

ESTIMATED TOTAL VALUE (BASE + OPTIONS): $

MAXIMUM CONTRACT VALUE: $

MINIMUM CONTRACT VALUE: $

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.

Brief narrative supporting the situation and weapon system:

The product specialist reviewed the items prior to acquisition and determined there are limited sources approved to manufacture this item, with two approved sources listed for the subject NSN. Only the approved sources possess the complete technical data for the items listed. They are the only sources uniquely qualified to manufacture these items.

Both approved sources are small businesses; therefore, this acquisition will be solicited with a Total Small Business Set-Aside.

SOLICITATION SPE7LX24R0052

On September 18, 2023, , Product Specialist, certified that the items have been reviewed, that the AMC/AMSC codes are correct, and that the items are good for LTC inclusion. See Attachment #1 Tech Cert

CL23258002.

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

CAGE 82SX4 BC Technical Center, p/n BCA1193KT CAGE 5BUA2 MSI Defense Solutions, p/n MSI22011436

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.

According to the Tech Cert (attached), the Government does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. Only the approved sources for the item will be able to meet the Government’s needs in providing the exact item to the approved specifications, to which the approved sources retain the rights to, not the Government, as indicated by the AMSC code.

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

[ X ] The acquisition will be synopsized on or about April 12th, 2024.

[ X ] Dealers of the manufacturers will be solicited.

[ X ] The Government published a Sources Sought on the SAM.gov website for five (5) business days from 3/28/2024 to 4/05/2024.

[ X ] Other. Solicitation will be posted on the DLA Internet Bid Board System for a minimum of 30 days.

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

Market research has revealed that there is a reasonable expectation to receive offers from at least two small businesses, including one of the approved sources, small business B.C. Technical Center. The procurement is being conducted under FAR 15 Contracting by Negotiation. Certified Cost or Pricing Data (CCPD) will be required if there is not adequate competition as the estimated total contract value is over $2 million. Other than Cost or Price Data may also be requested. A price analysis will be conducted, utilizing the Producer Price Index (PPI) and learning curves. A comparison to past award prices will also be performed in the determination of a fair and reasonable price.

SOLICITATION SPE7LX24R0052

break dependent mfg/facility CAGE.

Min qty of 250.

Triman Industries

(0ZBE8)

5340-01-611-1988 No Min qty of 500.

Noted mfg as BC Technical Center

CAGE 82SX4.

Based on the market research, the contracting officer determined that the item is not commercial.

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: (If none, so state)

- BC Technical Center (92SS0)

- Triman Industries (0ZBE8)

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

12. The subject NSN was previously purchased from multiple small businesses, including one of the small business approved sources, under Total Small Business Set-Asides. (See Attachment 2 Procurement History.)

There are no previous J&As because all the item’s purchase history is below the Simplified Acquisition Threshold.

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.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

KRAUSS.KRISTA.L.1

394506695

Digitally signed by

KRAUSS.KRISTA.L.1394506695

Date: 2024.04.22 09:36:42 -04'00'

WIEBUSCH.JAMIE.1

251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.04.25 13:53:20 -04'00'

SOLICITATION SPE7LX24R0052

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ ] Over $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:

1. Tech Cert CL23258002

2. Procurement History