JA6.302-1SPE7L321D0023.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L321R0041

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 for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. FAR Subpart 15.0 procedures are being used for this requirement.

The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM

UNIT ADQ UNIT

PRICE ADV AMSC

2541015794491 Window, Vehicular EA 44 C

GUARANTEED MINIMUM:

ESTIMATED BASE (3 YEAR) VALUE:

The item is used on the following weapon systems:

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1)

- Available from only one or a limited number of sources. At this time there is only 1 approved manufacturing source: General Dynamics Force (1EFH8) P/N 10039001.

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as complete and accurate by the Quality Assurance Specialist on 1/15/2021 during the technical review (Justification for Restricting Competition document) of the NSN for placement on this long-term contract initiative.

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

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.

5. The source listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on March 16, 2021 ) is currently the only source with the necessary qualifications, ability, and approval to manufacture the item. This is due to one or more of the following:

(X) The listed source is the only source that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality.

(X) The Government lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

(X) The above is also supported by the information stated in the items applicable AMSC of C.

(X) Other: Additional support for sole source: This Part is a transparent armor design to protect personnel from small arms fire and IED blast. There are no drawings available to the government and there is no commercial equivalent and the part requires source approval to maintain the quality of the part.

Source:

NSN Description Approved

CAGE

Company Name Approved Part Number

2541-01-579- 4491 Window, Vehicular 1EFH8 General Dynamics

Force 10039001

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

A Sources Sought Notice was posted to www.betasam.gov on February 18, 2021 (please see paragraph 8 for Sources Sought Notice results).

The acquisition will be synopsized in Federal Business Opportunities at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS for thirty days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research in accordance with FAR Subpart 12.1 was conducted to determine the commerciality of this item.

Contract Specialist was not able to locate this item on any internet source. In addition, DLA Land and Maritime’s Product Specialist indicated this was not a Commercial Of A Type item. The Contracting Officer determines this item to be non-commercial. The item is only available from one approved source as identified above. The approved source is the only contractor showing in contract history.

Procurement history:

A Sources Sought Notice was posted to www.betasam.gov on February 18, 2021 for this specific item. The posting remained open until February 23, 2021. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return. Potential sources would be added to the solicitation mailing list. No interested parties from the sources sought notice.

Market Questionnaires and Surveys were sent out on February 18, 2021 o Techniques used to conduct survey: E-mailed correspondence and spreadsheet.

o Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity.

o Total number of vendors contacted: 1 – OEM.

o Names of Vendors Contacted:

• 1) General Dynamics Force (1EFH8)- Large Business Manufacturer.

Name of vendor and summary of information Received:

General Dynamics Force (1EFH8) – LARGE OEM. Did not respond.

Market Survey sent on 2/18/2021. from GDLS-FP Spares responded to send attachment. Not attached on original email. Resent on 2/18/21 with attachment. On 2/25/21, contacted if Market Survey would be returned. On 2/26/21, responded that she was trying to get ahold of person who handles market surveys. Nothing ever received. 3/22/21 Contacted again and GDLS-FP finally responded with Market Survey. GDLS-FP responded that item is not commercial, would be

Buyer researched SAP, the Material Master, MM03, IDS and coordinated with the Product Specialist, on 2/18/21, 3/2/21, and 3/11/21. He responded back on 2/24/21, 3/4/21 and 3/11/21.

Commercial The Product Specialist stated that this item is not Commercial Of A Type.

The Product Specialist said that the characteristics of this item is the following:

“The window is Transparent Armor design to protect personnel from small arms fire and IED blast”

When asked why no other commercial item can meet these essential requirements, the Product Specialist stated that this Transparent Armor protects the user from specific small arms weapon fire and IED blasts. In addition, the Product Specialist stated that the item is “Not Sourced controlled, no drawings.

THIS PART REQUIRES ENGINEERING SOURCE APPROVAL(SAR) BY

THE DESIGN CONTROL ACTIVITY IN ORDER TO MAINTAIN THE

QUALITY OF THE PART”

When asked when the last time the technical team researched availability of alternative options, the Product Specialist said the NSN was last reviewed on 1/3/2018

In regards to Brand Name or Equal specification based on salient characteristics readily available in the commercial marketplace, the Product Specialist stated that “This part has a (WSDC) Weapon System Designator Code (MRA) and is manufactured specifically for the COUGAR MRAP Vehicle”

In regards to how the NSN is different from other commercially available items e.g. unique characteristics to ensure the safe, dependable, and effective operation of military equipment (reliability/durability), weapon system coded, critical item of supply, the Product Specialist stated that there is no commercial equivalent and This Transparent Armor is made specifically for this vehicle (MRAP COUGAR) with a WSDC of ((MRA).

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

During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews.

10. A listing of sources indicating an interest in the acquisition is:

GDLS-FP, (1EFH8), OEM responded to market survey and expressed interest in 3 year base IDC with no option years.

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 30 days.

Any offer received for a product other than the approved source, will be directed/ encouraged to contact the cognizant design activity in accordance with DLAD Proc Note L04.

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

The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for Part Numbered Items.

12. Recent Procurement was a delivery order from LTC SPE7MX16D0100. J&A for that procurement is attached.

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.

Contracting Officer Date

Competition Advocate Date

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(x) $750,000 to $15,000,000 Competition Advocate

ATTACHMENTS:

WILSON.KARIN

.M.1378372158

Digitally signed by

WILSON.KARIN.M.1378372158

Date: 2021.03.24 12:55:11 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.03.30 11:39:16 -04'00'

1. Prior J&A