JA SPRAL122R0015 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZAB

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

POC: Cerita.Sellers@dla mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

[ 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 proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

CREW SEAT,VEHICULAR PORT 2540-01-662-5507 15.00 $ B

The Crew Seat, Vehicular, Port is designed to accommodate one or more persons (operator and/or passengers) for use on ground vehicles, construction equipment, machinery, and the like. It may be covered, padded, upholstered, and equipped with arm and or backrest. A support seat, vehicular may be included if it’s permanently fastened to the seat.

Identify end item, weapon system, or class of item: Table of Authorized Material Control Number (TAMCN):

E07967K – Assault Amphibious Vehicle, Command (AAV-C7A1 RAM/RS which means The Assault Amphibious Vehicle Reliability, Availability, Maintainability/Rebuild to Standard). It is used by U.S. Marine Corps Amphibious Assault Battalions to land the surface assault elements of the landing force and their equipment in a single lift from assault shipping during amphibious operations to inland objectives and to conduct mechanized operations and related combat support in subsequent mechanized operations ashore.

ESTIMATED BASE 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. The Marine Corps technical data determined the current NSN is in accordance with approved source: Shockride, LLC (Shockride) CAGE 4YJ37 for part number 105-213000-002.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On May 9, 2023, USMC Logistics Command (LOGCOM) Equipment Specialist certified the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The NSN is sole source to Shockride (4YJ37) per the DLR tech data from Albany, GA. Shockride is the only manufacturing source specified on the source control or selected item drawing and is the only source known to have the data and capability necessary to manufacture this item to satisfy the military’s requirement.

The use of the authority cited below:

[ X ] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

[ X ] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD- STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.

If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

[ X ] The acquisition will be synopsized on or about 15 August 2023 for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from April 21, 2023, to May 5, 2023, with no responses received. The solicitation will be published for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC)

SPRAL121P0087 9/23/2021 Triman Industries

CAGE 0ZBE8

8 $24,603.00 $196,824.00 BB

SPRAL120P0017 1/14/2020 Triman Industries

CAGE 0ZBE8

10 $22,999.00 $229,990.00 BG

SPRAL119P0094 9/17/2019 Triman Industries

CAGE 0ZBE8

2 $47,000.00 $94,000.00 BG

SPRAL118P0078 7/24/2018 Triman Industries

CAGE 0ZBE8

11 $21,588.00 $237,468.00 BG

SPRAL118P0077 7/23/2018 Triman Industries

CAGE 0ZBE8

9 $21,588.00 $194,292.00 BI

History indicates the Crew Seat, Vehicular, Port for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted. The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00; therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government’s targets and later deeming prices fair and reasonable for this procurement.

SOLICITATION SPRALI-22-R-0015

8. Market Research/Effo1ts to Obtain Competition:

Describe the market research conducted and the results. Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM Shockride (4YJ37). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 4/21/23 to 5/5/23 for the procurement of the Crew Seat, Vehicular, Po1t.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X] A market survey was conducted on/during April 21 2023 to May 5, 2023.

Total number of vendors contacted: One (1) Names of vendors contacted and responding: Shockride ( 4YJ37) did not respond to the market smvey. Triman Industries (Triman) (0ZBE8) responded to the market smvey as Shockride's authorized dealer.

Techniques used to conduct survey: SSN and email communication with market smvey attached.

Types of information requested: A SSN was posted to SAM.gov on 4/21/23 with response date of 5/5/23. The main pmpose of the SSN was to provide an oppo1iunity for other potential sources to manufacture this NSN to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Note L22, Restriction of Alternate Offers for Source Controlled Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code B. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical po1tion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market smvey was included with the SSN to allow potential offerers an oppo1iunity to provide feedback on the current marketplace for this acquisition. The market smvey included but not limited to info1mation regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, pa1t number, quantity, delive1y, and OEM info1mation.

Summa1y of info1mation received: The buyer sought info1mation from the only approved large source Shockride (4YJ37) on 4/24/2023. The OEM did not respond to the market smvey. On 5/17/2023, Triman CAGE 0ZBE8 indicated they are the authorized distributor for Shockride (4YJ37) and would be interested in quoting on the proposed RFP on the supplier's behalf. Triman 0ZBE8 res onded to the market smve on 5/19/23 indicatin the are a lar e business dealer.

SOLICITATION SPRALI-22-R-0015

15.2. The contractor stated Triman's accounting system will provide our cost and pricing data as needed. There were no market survey responses submitted from the Sources Sought Notice posted on SAM.Gov.

Info1mation received regarding the commerciality of the item(s): Based on the above, Triman did not indicate the item was commercial and therefore, no suppo1table commerciality documentation was submitted. A Google search was conducted using the pait number 105-213000-002 and NSN 2540016625507, but no infonnation was found which fmther indicated the item to not be commercial. See Attachment 2. Additionally, a General Administration Services (GSA) seai·ch was conducted on the pa1t number 105-213000-002, which was not found. See Attachment

3. The item is unique to the Government and is made specifically in suppo1t of the Assault Amphibious Vehicle, Command (AA V-C7 A 1 RAM/RS which means The Assault Amphibious Vehicle Reliability, Availability, Maintainability/Rebuild to Standard). Triman did not indicate the item was commercial and therefore, no suppo1table commerciality documentation was submitted. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace. The item is not available in the commercial marketplace. Therefore, the Contracting Officer hereby dete1mines this item to be a non-commercial item.

9. Additional facts suppo1ting other than full and open competition are:

[ X ] Based upon the attached technical ce1tification, technical data is not available and cannot be developed to pe1mit 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) Triman Industries (0ZBE8)

11. The following actions ai·e being taken to identify additional sources:

[ X ] Solicitation contains DLA Procurement Note, L22, Restriction of Alternate Offers for Source Controlled Items.

[X ] Other: The Mai·ine Corps does not intend to procure the technical data necessaiy to promote competition. A SSN posted to SAM.gov for 14 calendar days without receiving any responses for vendor to submit a SAR.

12. The previous buy SPRAL121P0087, is a small purchase, therefore, a J&A was not required.

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.

SELLERS.CERIT A.F .12 Digitally signed by

SELLERS.CERIT A.F .1250708994

50708994 Date: 2023.08.1515:42:10-04'00' 15 August 2023

Contracting Officer

[ X] Up to $750,000

Date

APPROVAL REQUIREMENTS

Contracting Officer

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

Attachment(s):

1. DLR Tech Data Cert

2. Google Search

3. GSA Search