JA6.3021CSPE7LX23R0101.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX23R0101

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

3. 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.

IDSC Holdings LLC DBA Snap-On (CAGE 55719) part numbers STMIL0022 (CLIN 0001) and STMIL0049 (CLIN 0002) 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.

The use of the authority cited below applies to both items 3040-01-620-2825 and 4910-01-618-4540:

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

The use of the authority cited is based on:

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.

Per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGE 55719 has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services. These items have been determined to be commercial. A technical review in support of a potential LTC was performed and the NSNs were determined to be suitable for a long-term contract. The Product Specialists reviewed the technical information, including the AMC/AMSC codes, and certified it as complete and accurate on April 29, 2020, February 21, 2021, and again on May 1, 2023. The technical certification is attached.

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

CLIN Contractor CAGE Part Number 0001 IDSC Holdings LLC DBA Snap-On Industries 55719 STMIL0022 0002 IDSC Holdings LLC DBA Snap-On Industries 55719 STMIL0049

Snap-On Industries (CAGE 55719) 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. The Government physically does not have in its possession sufficient, accurate or legible data to purchase these parts from other than current source(s). 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.

The approved CAGE and part number was confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on May 1, 2023. The technical data has indicated that this item is limited to Snap-On Industries, as the source.

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

[X] The acquisition will be synopsized on or about February 1, 2024 for 7 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).

[X] The approved manufacturer will be solicited.

[X] Other. (Explain) 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.

The Government pursued a Brand Name or Equal (BNOE) specification based on characteristics that are readily available in the commercial marketplace. To evaluate this option, the Contracting Specialist corresponded with the SAPD Product Specialist and Value Engineering (VE). The Contracting Specialist started the process by providing the Product Specialist with Government’s market research and commercial evidence, along with commercially found characteristics of the item. VE conducted their own BNOE market research. They researched both items:

NSN 3040-01-620-2825 Krankkart and NSN 4910-01-619-4540 Modification Kit (Toolbox). VE indicated these items have commercial part numbers, but there are no similar items identified in the market research. Due to complete salient characteristics not being available, a formal 339 request was sent to the ESA requesting salient features. Such salient characteristics are for the purpose of potential breakout under a Brand Name or Equal Specification for future acquisitions. The referral numbers of the ESA 339 are DSCC-ZA-20-41605 for NSN 3040- 01-620-2825 and DSCC-ZA-20-41640 for NSN 4910-01-618-4540.

NSN 3040-01-620-2825

On 10/30/2023, USMC ESA Vyreese Blanden provided DLA Reverse Engineering (VEB) with the salient physical and functional performance characteristics that an alike item to NSN 3040-01-620-2825 must meet. Such characteristics are:

1. REVERSE POLARITY WARNING BUZZER – If the polarity is reversed and it is hooked up to a weapon system, this will fry all the DC electrical system. The Reverse Polarity Warning Buzzer prevents this from happening.

2. REVERSE POLARITY WARNING LIGHT – This is a back up to the buzzer, if the Reverse Polarity Warning Buzzer fails, this will alert the user that the polarity is reversed and can’t be hooked up.

3. CORRECT POLOARITY INDICATOR – This tells the use that it is good to use to jump start the Weapon System.

4. SEMI PNEUMATIC TIRES – Allows for the jump start cart (Krankkart) to be used in any environment, sand, dirt, snow, clay, grass, etc.

5. ULTRA HEAVY DUTY COPPER CABLES AND CLAMPS – Allows for best connection and capability of delivering the appropriate cranking Amps for various Weapon Systems.

6. DELIVERS OVER 3000 AMPS OF CRANKING POWER – Is necessary for use to jump start all Weapon Systems used.

7. CAPACITOR IS 24V – This stores the correct voltage (24vdc) that is needed for quick starting all 24v Weapon Systems.

6. 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 12. 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.

7. 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.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the approved source and past provider from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on June 14, 2023 and closed on June 21, 2023. No responses were received for the Sources Sought Notice.

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

[X] A market survey was conducted on/during April 26, 2023.

Total number of vendors contacted: 1

Names of vendors contacted and responding: Snap-On Industries (55719). A positive response was received from Snap-On Industries (55719) on May 16, 2023.

Techniques used to conduct survey: Email.

Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

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, this item is currently on LTC contract SPE7LX22D0050.

The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7LX22D0050 (Attachment 4) is included.

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 all items are commercial.

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

[X] Based upon the attached technical certification, 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.

9. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Snap-On Industries (55719)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

I hereby certify that the information contained in this justification is accurate and complete to the best of

50,000, this signature serves as the approval.

Megan M. Mielke, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is $26,638,598.16.

Competition Advocate Signature Date

CATHERINE L. CONTRERAS, SES Date Head of the Contracting Activity DLA Land and Maritime

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[X] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

Attachment(s):

1 – Technical Certification 2 – Commercial Price List 3 – Commercial Documentation

4 – SPE7LX22D0050 J&A

MIELKE.MEGAN

.M.1364088848

Digitally signed by

MIELKE.MEGAN.M.1364088848

Date: 2024.03.13 09:18:20 -04'00'

WIEBUSCH.JAM

IE.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.03.13 14:25:54 -04'00'

CONTRERAS.CAT

HERINE.L.1229386

Digitally signed by

CONTRERAS.CATHERINE.L.12

29386472 Date: 2024.03.15 07:42:24 -04'00'