JanA Redacted SPE7L021R0006_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-21-R-0006

ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime is the contracting activity.

2. The action being approved is the acquisition of supplies for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis using FAR Part 15 procedures. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM UNIT ADQ UNIT

PRICE ADV AMSC

5330-01-506-3656 Gasket, Top Shell EA 1,717 D

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5YEAR) VALUE (BASE + 2 ONE YEAR OPTION):

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: M-1 Abrams Tank

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) Available from only one or a limited number of sources.

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as accurate by the Land Product Specialist on 11-19-2020.

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

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. AMSC 3, 4 or 5 are valid.

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.

5. The sources listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on11/19//2020, during the technical review these are currently the only sources approved to manufacture the item. The Product Specialist also certified that the supporting data is complete and accurate, in addition to the statement indicating that the approved source and AMC/AMSC codes are correct. The listed sources are the only sources that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

Sources:

NSN Description Approved

CAGE

Company Name Approved Part Number

5330-01-506-3656 Gasket, Top Shell (92878)

HDT Expeditionary Systems Inc. 5000-30036

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

A Sources Sought Notice was posted to www.fbo.gov on 11/18/2020. No responses were received from the Sources Sought Notice.

The acquisition will be synopsized in Federal Business Opportunities on or about Feb 4, 2021 for 15 days prior to 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).

Dealers of the approved manufacturing sources will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research in accordance with FAR Subpart 12.1 was conducted to determine the commerciality of this item. DLA Land and Maritime’s Product Specialist indicated this was not a commercial item on 11/19/2020. The item is only available from the approved sources as identified above. Searches on the internet yielded no useful information on the P/N or pricing information. Based on this information the Contracting Officer has determined that the item is non-commercial.

A Sources Sought Notice was posted to www.fbo.gov on 11/18/2020 for this specific item. The posting remained open until 11/25/2020. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. Potential sources would be added to the solicitation mailing list. No response was received from the notice.

Market Questionnaire and Survey were sent out on 11/18/2020.

o Techniques used to conduct survey: E-mailed correspondence and spreadsheet.

o Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity.

o Total number of vendors contacted: 1 o Names of Vendors Contacted:

• 1) Windward Enterprises (0UKB6) Small Business Dealer

Name of vendor and summary of information Received.

1) Windward Enterprises (0UKB6_ Small Business Dealer Windward Enterprises stated they are interested in a Firm Fixed Price long term contract. This is not a commercial item.

Buyer researched SAP, the Material Master, MM03, IDS and coordinated with the Product Specialist.

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

o The item in this solicitation has been determined to be non-commercial. No catalog price is available and no un-redacted commercial invoice could be provided. The buyer did an online search for the NSN. There is no indication, through the OEM’s website, GSA Advantage website or others that the item is sold commercially. The EBS system under MM03 showed item as No. Windward Enterprises indicated that the item is non-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.

10. A listing of sources indicating an interest in the acquisition is:

Windward Enterprices

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 30 days.

The solicitation will contain DLAD Procurement Note: L04-Offers for Part Numbered

Items.

The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for

Part Numbered Items.

12. All prior procurement history has been below SAT. Therefore, no prior J&A would be available.

CONTRACTING OFFICER 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.

Contracting Officer Date

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2021.01.11 10:29:37 -05'00'