JA6.3021CSPE7LX23R0042.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-23-R-0042

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

ORIGINAL

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. The resulting contract will be Firm Fixed-Price with an Annual price adjustments via an escalation factor, Indefinite Quantity Contract under FAR Part 12 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

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

LINE ITEM NSN Brief Description AMC AMSC ADQ Estimated ADV

0001 2541015812107 ARMOR, TRANSPARENT, VEHICULAR WINDOW 1 C 3,438

The Armor, Transparent, Vehicular Window is a transparent armor that combines excellent safety with unparalleled situational awareness for warfighters in armored vehicles. Due to strict vehicle weight specifications, glass-based transparent armor windows need to be kept small. Coupled with the high thickness required for protection, glass armor windows are usually more like peepholes, reducing situational awareness for the crew. With the transparent armor, window sizes can be substantially increased without increasing weight or reducing ballistic protection.

End Item description and Weapon System:

CLIN NSN Weapon System Designator Code End Item

0001 2541015812107

04F AIRCRAFT, STRATOFORTRESS B-52

16M TRUCK, UTILITY (TAMCN: D00227K)

1AM TRUCK, UTILITY (TAMCN: D00317K)

1BM TRUCK, UTILITY (TAMCN: D00337K)

1CM TRUCK, UTILITY (TAMCN: D00347K)

80A TRUCK, VEHICLE SYSTEM, 1 1/4-TON (HMMWV)

BRM TRUCK, UTILITY (TAMCN: D00327K)

CHF TRUCK, FIRE/CRASH P2

CTF AIRCRAFT, OSPREY CV-22B

QHF TRUCK, VEHICLE SYSTEM, HMMWV

The three-year base period estimated value is , and the base period plus two option years' estimated value is and a maximum contract value of . The contract minimum is .

4. The statutory authority permitting other than full and open competition is: 10 U.S.C. 3204(a)(2) - Available from only one or a limited number of sources. This item needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

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

LINE ITEM NSN Company CAGE Part Number

0001 2541015812107

AM GENERAL LLC. 34623 6034686

PATRIOT ARMORED SYSTEMS 6JPY0 6034686RE

The manufacturers listed at table above are the current sources, approved by the design control activity to supply this item.

The Quality Assurance Specialist certified on July 7, 2022, that the AMC/AMSC code for this NSN is correct and AM General (34623) and Patriot Armored Systems (6JPY0) are the only sources approved by the design control activity. Per the Quality Assurance Specialist this item will be used to replace the Armor, Transparent, Vehicular Window for the Aircraft, Stratofortress B-52, Truck, Utility (TAMCN: D00227K), Truck, Utility (TAMCN: D00317K), Truck, Utility (TAMCN: D00337K), Truck, Utility (TAMCN: D00347K), Truck, Vehicle System, 1 ¼-Ton (HMMWV), Truck, Utility (TAMCN: D00327K), Truck, Fire/Crash P2, Aircraft, Osprey CV-22B, Truck, Vehicle System, HMMWV, and other weapon system platforms. This item is the only replacement part that will function properly in the end item in accordance with the military requirements.

This part requires engineering source approval by the design control activity in order to maintain 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. DLA 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. AM General (CAGE: 34623) and Patriot Armored Systems, LLC (CAGE: 6JPY0) are the only sources known to possess the complete technical data for this item.

As such AM General (CAGE: 34623) and Patriot Armored Systems, LLC (CAGE: 6JPY0) are the only sources approved by the design control activity as they retain the data, rights, manufacturing knowledge, or technical data that is 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.

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 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.

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

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

a. The acquisition will be synopsized on or about February 8, 2023, and it will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System

(DIBBS).

b. A Sources Sought notice was posted January 9, 2023, on SAM.gov for 15 calendar days to find potential sources for this NSN and no responses were received from companies interested to be manufacturers for this item.

c. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity (ESA).

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

The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary. Buyer will also utilize PPI Data.

PPI Data provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. The buyer anticipates receiving more than one offer, and adequate price competition between dealers is expected to exist at time of evaluation of offers.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 USC 3204(e)(2)(D)]:

A market survey was sent out on 7/6/2022.

Names of vendors contacted: (7) - AM General (34623), XPER, INC. (1SC69), Patriot Armored (6JPY0), Janel’s Industries (3B8L1), Dynamic Metals (5L7Z4), Standard Bent (458W5), and Shore Solutions, Inc. (6D0X3).

Names of vendors that responded to market survey: (3) - Janel’s Industries (3B8L1), Dynamic Metals (5L7Z4), and Shore Solutions, Inc. (6D0X3).

Techniques used to conduct survey: emails, phone, Sam. gov, Market Survey Questionnaire, GSA Library and GSA Advantage part number searches.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received: The Acquisition Specialist attempted to conduct market research with the companies listed below to assess their interest and capability to perform and three companies indicated an interest which were: Janel’s Industries (3B8L1), Dynamic Metals (5L7Z4), and Shore Solutions (6D0X3). Acquisition Specialist received phone call on February 2, 2023, at 1:30 PM, from Shore Solutions, Inc (6D0X3) and indicated an interest in performing an LTC and will be waiting for the posting of the solicitation on DIBBs. DD2579 was already approved by the SBA. See response on table above.

Company Name CAGE

CODE

Business Size

KTR

Interested in an LTC

Contract Yrs.

Preference

KTR Prefers a Firm Fixed

Priced Contract

KTR Will provide Cost & Pricing Data if

Required

Commercial Items

AM General 34623 LG No reply - - - - XPER, INC 1SC69 SB No reply - - - -

Patriot Armored 6JPY0 SB No reply - - - - Janel’s Industries 3B8L1 SDVOSB YES YES Dynamic Metals 5L7Z4 SB YES NO Standard Bent 458W5 SDVOSB No reply - - - -

Shore Solutions, Inc 6D0X3 SB YES YES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-23-R-0042

Commercial Determination: Per FAR 2.101 (b) this item is considered minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts but are not conclusive evidence that a modification is minor. It is the Contracting Officer’s determination that this NSN will be solicited as commercial of a type. For the reasons stated below, this item covered by this initiative shall be commercial and will be procured under FAR Part 12. The following factors that have led to these conclusions are:

The buyer from contract SPE7LX18D0088 requested assistance with a commerciality determination from DCMA’s Commercial Item Group, and the team provided a recommendation that the contracting officer determine the item commercial based on its similarity to commercial bullet-proof glass and its function. See attachment #4, DCMA Commerciality Report. Based on the DCMA investigation performed, and their recommendation that the item be determined commercial, the contracting officer has determined that this NSN is commercial in accordance with the definition at FAR 2.101. See attachment #3.

Market research analysis I/A/W FAR 12.101 (a) was conducted and based on Janel’s Industries and Shore Solutions response to the market survey they indicated that this NSN is commercial. Both companies did not provide unredacted commercial invoices as they are hesitant in providing unredacted customer information. Both companies indicated that the item being requested by DLA Land & Maritime are mechanically equivalent to a variety of commercial products regularly manufactured and sold commercially.

This item can be bought at the following website https://www.macmotors.com/ Unredacted commercial invoices or commercial catalog of a price list was not provided.

NSN is not coded with an AMSC code of “Z”.

The GSA library and GSA Advantage were both searched for the corresponding part numbers. The part numbers were not available on GSA.

Therefore, it is the determination of the contracting officer that this item is commercial of a type and FAR Part 12 will be applied to the solicitation.

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

a. 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.

b. A technical review was completed by / Quality Assurance Specialist for FLD-LTC on July, 7th, 2022.

The subject NSN have been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: Janel’s Industries (3B8L1), Dynamic Metals (5L7Z4), and Shore Solutions, Inc. (6D0X3) was the only companies that responded to the market survey via email or phone call and expressed an interest in the acquisition. As such, these companies will be in the solicitation mailing list.

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

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

12. The Contracting Officer searched for the previous award listed in the contract history at Record Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304 and was able to locate Justifications for previous contracts SPE7MX17D0013 and

SPE7LX18D0088.

Attachment(s):

1. J&A for solicitation SPE7LX15R0127 and SPE7LX18R0093.

2. Tech Certificate

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

APPROVAL REQUIREMENTS

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

CARABALLO.EDWIN.

1253443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2023.03.06 08:36:20 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.03.06 09:03:33 -05'00'