JA6.3021CSPE7LX21RX041.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-X041

FOR OFFICIAL USE ONLY

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

Inc. is the only company known by the Government to possess the technical data necessary to manufacture these items.

These items support a variety of weapon systems that soldiers are using in all military branches. These custom-made cleaning kits are essential for weapons systems to be properly cleaned and maintained and to avoid ammunition from getting lodged into the bore during critical situations. These kits are specifically designed to clean and maintain .50 caliber, 5.56mm and 7.62mm Rifles, 5.56mm Sniper, 40mm Grenade Launcher, 9mm, and .45 caliber Pistol. Each kit contains brass components and flexible cleaning rods to clean varying barrel lengths. Within the kits are caliber patches and heavy duty bore brushes that can easily string the copper from bores. The flexible cleaning rods and swabs can quickly clean a receiver, chamber, neck and bore. Also within the kits are scrapers, picks, and brushes to clean the receiver, trigger group and bolt. All components are neatly backed in a 4”x4”x2½” soft pack with mole strap. There is no other known source that can manufacture these items to meet the needs of the Government.

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

Otis Products, Inc. (CAGE 01VS3) part numbers 255-3 (CLIN 0001), 308-7 (CLIN 0002), MFG-IC-935-556 (CLIN 0003), and MFG-211-TMOD (CLIN 0004) is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services. When the military provisioned the items, it was determined that the technical data would not be purchased or made available for anyone to produce the gun cleaning kits.

The approved CAGE 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 February 25, 2021. The technical data has indicated that these gun cleaning kits are limited to Otis Products, Inc., as the source. The kits include various tools, including brushes, clothes, picks, and other utensils that are used to clean Government issued firearms.

The use of the authority cited below:

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

The use of the authority cited is based on:

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. (CLIN 0004)

AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid. (CLINs 0001 and 0003)

AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition, and a J&A is not necessary).

(CLIN 0002)

For the item coded AMSC B, Otis Products, Inc. is the only manufacturing source specified on the source control drawing. For the items coded AMSC D, only Otis Products, Inc. has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services.

Each of these items are gun cleaning kits that contain various items in each kit. There are no known similar kits that contain all of the items provided in the solicited Otis Products, Inc. kits that would meet the Government’s needs. These are Commercial Off-the-Shelf (COTS) items that involve proprietary technology, in which no other products meet the same need. These kits are compact, allow for weapons to be quickly cleaned no matter the severity of the conditions, and developed for the soldier and designed to service a team to conduct quick field cleaning or full breakdowns. There are no other products that are pre-approved/qualified by the qualifying activity as a source of supply for these items. Otis Products, Inc. is known to have the required experience and capability to ensure product integrity.

The required items have specific requirements, critical applications, and could have life or death consequences in the event of their failure. At this time, there are no alternate items that will satisfy the military services’ requirements that have been evaluated and approved by the cognizant Government Engineering Support Activity (ESA). There is currently an on-going project being completed by the Replenishment Parts Purchase or Borrow (RPPOB) program to potentially get another source for CLINs 0001-0003 on the list of gun cleaning kits. CLIN 0004 is too complicated for us to reverse engineer and create a technical data package for at this time. In order to place these items on contract, the buyer will pursue a one-year base and four, one-year option periods. The buyer will notify the BCA at time of award that the Reverse Engineering (VEE) must be contacted and verify if the RPPOB program has received any other potential sources prior to exercising the any options. If any of the items have been deemed competitive, a new LTC competitive package will be initiated for that NSN through BA. Items will remain on this LTC until a competitive contract is in place. At that point, the BCA can turn off the Outline Agreement and the competitive LTC can be utilized. This will provide warfighter support while any potential new sources can be established.

A technical review in support of a potential LTC was performed on February 25, 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 February 25, 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 May 3, 2021 for 1 day 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 sole source manufacturer 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 being solicited as commercial under FAR Part 13.5. These items will be solicited as Other Than Full and Open Competition. The buyer only intends to award the NSNs 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 sole source and the past providers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to ww.beta.SAM.gov on March 24, 2021 and closed on March 31, 2021. A response was received from Pew Pew Guru LLC (CAGE 8PJ92), a small business dealer offering the product of Otis Products, Inc. Pew Pew Guru LLC provided a complete Market Survey.

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, CLIN 0001 was previously on contract SPE7LX16D0164 and CLIN 0003 was previously on SPE7LX16D0008. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7LX16D0164 (Attachment 3) and SPE7LX16D0008 (Attachment 4) are included.

DLA Land and Maritime, specifically the SAPD Product Specialist, have been communicating with VEE for the services to determine if brand name of equal acquisitions strategy can be pursued for these items in the future based off readily available salient characteristics. VEE indicated that the RPPOB program is currently working an on-going project to identify possible additional sources. If additional sources are identified, these items will be broken out to allow for full and open competition. This project has been on-going with no timeframe for completion; therefore, the acquisition will move forward. In the event that additional sources are identified, option years will not be exercised.

Attachments:

1 – Weapon Systems

2 – Tech Certification

3 – SPE7LX16D0164 J&A

4 – SPE7LX16D0008 J&A

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.

MEGAN M. SAYLOR, 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

SAYLOR.MEGAN.M.1

364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2021.06.10 12:25:41 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.06.23 17:00:38 -04'00'