JA6.3021CSPE7LX24RX020.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24RX020

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023) manufacturer this item and have the technical data and manufacturing knowledge necessary to ensure this item supports the military vehicle.

Technical review on the NSNs was completed on November 7, 2023, and certification received confirming the AMSC coding and the fact that all means to obtain a technical data package adequate for manufacture of these items had been exhausted (See Attachment 1 – Technical Certification).

The data or the rights to use the data needed to purchase these items from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them (See Attachment 1 – Technical Certification). 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 sources of supply are the only companies known by the Government to possess the technical data necessary to manufacture these items. These items have been tested and proven to help to ensure the safety and enhance the performance of military and defense professionals.

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

[X] The acquisition will be synopsized on or about February 28, 2024 for 5 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 manufacturers will be solicited.

[X] Dealers of the manufacturers will be solicited.

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 NSNs have been determined commercial. Cost and pricing clauses/provisions will not be incorporated into the solicitation. 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 price analysis, Producer Price Index (PPI), learning curve analysis and/or commercial pricing.

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.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the source/providers for these items.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on November 15, 2023 and closed on November 22, 2023. No responses were received.

General Motors LLC (7X677) – Large Business Response received on December 1, 2023 Large Business manufacturer Interested in all CLINs Stated that they agree to 3-year base

They did not indicate whether or not these items were commercial

Information received regarding the commerciality of the item(s):

The Market Survey respondents did not indicate if these items were commercial. However, past procurements for CLIN 0001 were issued under FAR Part 13.5. The buyer was able to locate these items on several different online websites. Based on previous acquisition (CLIN 0001) in accordance with DFARS 212.102(a)(ii) and the buyer’s additional research, the Contracting Officer has determined that these items are commercial.

9. 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Janels Industries Inc. (CAGE 3B8L1) General Motors LLC (CAGE 7X677) Triman Industries Inc. (CAGE 0ZBE8)

11. 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 [X] Other (Explain) 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 LTC contract SPE7LX19D5008 and CLIN 0002 was currently awarded on small purchase contract SPE7L323P5357. A Justification and Approval (J&A) for Other Than Full and Open Competition was not required for SPE7LX19D5008 and SPE7L323P5357.

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, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ ] 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

DOUGLASS.ANNA.

MARIE.1243838416

Digitally signed by

DOUGLASS.ANNA.MARIE.1243

838416 Date: 2024.02.21 09:02:33 -05'00'

WIEBUSCH.JAM

IE.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.02.21 10:01:46 -05'00'