JA6.302.1CSPE7LX22R0001.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-22-R-0001

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

Systems Tactical Vehicles, and Titan Wheel Corporation of Illinois are the only companies known by the Government to possess the technical data necessary to manufacture this item.

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

CLIN Contractor CAGE Part Number 0001 BAE Systems Land and Armaments 076M6 12417333

BAE Systems Tactical Vehicles 0FW39 12417333 Tital Wheel Corporation of Illinois 20076 05-10058-00060

BAE Systems Land and Armaments, BAE Systems Tactical Vehicles, and Titan Wheel Corporation of Illinois are the only sources that have been identified as having the proper complete technical data and manufacturing expertise to supply this item to DLA and the using military services.

The approved CAGEs and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on August 9, 2021. The technical data has indicated that this item is limited to BAE Systems Land and Armaments, BAE Systems Tactical Vehicles, and Titan Wheel Corporation of Illinois, as the sources.

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

The Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data. BAE Systems Land and Armaments, BAE Systems Tactical Vehicles, and Titan Wheel Corporation of Illinois are the only sources known to own or possess the technical data necessary to manufacture the item.

The most critical features in military applications are reliability and performance. The approved sources have proven experience and expertise, while adhering to Government specifications. They deliver a unique combination of quality and value backed by ISO 9001-certified manufacturing. This item is made to order and is limited to military customers. The sources utilize a J-1992-compliant testing process to meet even the most stringent product specifications.

A technical review in support of a potential LTC was performed on August 9, 2021, and the NSN was determined to be suitable for a long-term contract. The Product Specialist reviewed the technical information, including the AMC/AMSC code, source of supply, etc. and certified it as complete and accurate on August 9, 2021. See Attachment 1 – Technical Certification.

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

The acquisition will be synopsized on or about October 13, 2021 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

The approved manufacturers will be solicited.

Dealers will be solicited.

In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

a. Certified Cost or Pricing data is not required, as the acquisition is below the threshold of $2M. This item will be solicited as Other Than Full and Open Competition. The buyer only intends to award the NSN if a fair and reasonable price determination can be made.

b. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on commercial price comparison, price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.beta.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the approved sources and past providers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to ww.beta.SAM.gov on September 10, 2021 and closed on September 17, 2021. No responses were received for the Sources Sought Notice.

Market Research Conclusion:

Market Research was conducted on August 16, 2021. Responses were received from Pioneer Industries, Inc.

(CAGE 66200), Titan Wheel Corporation of Illinois (CAGE 20076), and BAE Systems Tactical Vehicles

(CAGE 0FW39).

Information received regarding the commerciality of the items:

The NSN on this LTC project is determined to be non-commercial. Previous acquisitions were not determined commercial. Market Survey respondent indicated that this item was not commercial. The buyer conducted internet searches, commercial database searches, researched past procurements, etc. The buyer was not able to find the NSN online. Based on previous acquisitions in accordance with DFARS 212.102(a)(ii) and the buyer’s additional Internet research, the Contracting Officer has determined that this item is not commercial.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

The following dealer indicated an interest in the acquisition. This dealer has supplied this item in the past from one of the approved sources of supply. The dealer will be included in the bidders list and will be provided a copy of the solicitation.

Pioneer Industries, Inc. (CAGE 66200)

11. The following actions are being taken to identify additional sources:

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, previous acquisitions were below SAT and a Justification and Approval (J&A) was not required.

Attachments:

1 – Technical 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.

ANNA M. DOUGLASS, Date Contracting Officer

APPROVAL/CERTIFICATION

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

MARY E. SHEARER, Date Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

DOUGLASS.ANNA.

MARIE.1243838416

Digitally signed by

DOUGLASS.ANNA.MARIE.1243838416

Date: 2021.09 28 11:52:28 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.10.04 13:17:29 -04'00'