Justification and Approval (JA)__Redacted.pdf

DEFENSE LOGISTICS AGENCY

DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA DISTRIBUTION ACQUISITION OPERATIONS (J7)

5430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

Contracting Officer: Joshua L. Woodworth Joshua.woodworth@dla.mil Name Email Address

Acquisition Specialist: Medard Kowalski Medard.kowalski@dla.mil Name Email Address

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED:

This is a Sole Source action, that will utilize the procedures in FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (Citation: 10 U.S.C. 2304(c)(1)) and be awarded as a new Firm Fixed Price Purchase Order to Ledwell & Son Enterprises, Inc. (LEDWELL), located at 3300 Waco Street, Texarkana, TX 75501-6645. Active CAGE CODE: 1SPG8.

Expected Number of quotes/offers: One (1)

Use of a Sole Source purchase order is in the best interest of the agency concerned.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY’S

NEEDS:

Procure six (6) Ledwell 25' Gull Wing (Steel Over Wood) mounted on 2024 FTL M2 Auto Air Ride with the following pertinent specifications:

Truck Body: 25' Gull Wing Flatbed Cylinders: Dual Hydraulic Cylinders with load check valves Cylinders: Lift Gate style Power Unit Hydraulic Controls: Wireless Remote for Hydraulic Controls All steel construction 3" Steel cross members 6" Structural channel longitudinal members 5" x 3" x 1/4" angle Perimeter member Solid Bulkheads with Aluminum end caps -- front & rear

4" x 6" Rectangular Tube -- Main roof support Steel Tube framework -- 1.5" Internal drain system Blind rivets -- aluminum to steel tube Sealed Wiring Harness Pins & Seals: Stainless Steel Pin Hinge Doors Gull Wing: 8' Gull Wing -- Aluminum Skin .100" Doors Gull Wing: Safety Support Arms Tarp Type: Tarp on wing doors -- full length in center Toolbox: 60" Toolbox Recess Twelve (12") From Out-Side Rail - (Driver Side - Hydraulic Valve Bank & Curb Side) Watertight compartments Other: Gull Wing Demission Constraints - Inside Clearance - Greater that 6' - Open Door Obstruction Maximum -12' 7" -Two (2) Block Hinge Grease System -Grease Zert Location - Driver Side & Curb Side Additional Cargo Support Brace Behind Each Gull Wing Section - Cargo Pressure Switches - Correlate with Transmission Operation - Restrict Mobile Operation when door is not in transport mode - Restrict Door operation when opposing door is in Load/Unload Position - Provide Dual Door Override for Maintenance purposes -LED Lights - Safety Ditch Light (Correlated with Turn Signals & Head Lamps) -Four (4) White LED Cargo Lights - In-Cab Tower - Secondary In-Cab Hydraulic Controls -Air over Hydraulics - Three (3) Position - Spring to Center - Cargo Lights - Toggle Switch - Wireless Remote - Toggle Switch - In-Cab Door Open Indication Light - Driver Side - Curb Side - Rear Mounted Wireless Remote Cradle - Correlate Audible Tone with Pressure Switch (when Brakes are Release and Cradle Charging is Disengaged) -Backup Camera w/ 4 Cameras and 14 input Screen (Split Screen, Rotation, or Relay Activation) - Load - Rear - Curb Side Front Fender - Driver Side Front Fender.

The Gull Wing Trucks will be utilized to move DLA managed material. Unique specifications are required due to dimensions of warehouse design such as door, awnings, and warehouse height and width. The Gull Wing Trucks are compatible with DLA’s material handling equipment specifications currently available. Furthermore, ergonomic features permitting the operator to remain in the vehicle while loading and unloading and added safety features of hydraulic wing system to include full view cameras are required. In addition, the palletized materials must be transported in water-tight containment. The active patented design of the Gull Wing Truck allows for safe forklift loading/unloading while providing a dry/weather safe environment for DLA managed material.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is:

(The applicable U.S.C. authority is checked from the listing below)

__X_ 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1)

___ 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-2, DFARS 206.302-2))

___ 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

___ 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

___ 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-5, DFARS 206.302-5)

___ 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

___ 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7)

__X_ 41 U.S.C. 1901 or 41 U.S.C. 1903, This J&A satisfies the FAR 13.501(a)(1) and (2) regulations to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name.

___ This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

___ This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

___ An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A))

___ Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

____ In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

____ Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

LEDWELL is the only truck body manufacturer that provides a Gull Wing platform.

LEDWELL’s patented manufacturing process protects product from rain and moisture. The design capability of LEDWELL meets warehouse height design to avoid obstructions, awning clearances, door heights, and material handling equipment specification at DLA Distribution Anniston, Alabama (DDAA) and DLA Distribution Jacksonville, Florida (DDJF).

LEDWELL modified their Gull Wing truck body design to relocate the hydraulic controls revised the truck body material from aluminum to steel to meet the specification requirements. DDAA and DDJF have attempted to utilize 53-foot Side Curtain trailers for this mission. The 53-foot Side Curtain trailers do not meet the customer’s requirements because they require a CDL Day Cab Tractor, do not operate efficiently in confined areas, and the Side Curtain Mechanism are easily fouled with dirt and prevent proper operation. Market Research identified Curtainside Dry Freight Delivery trucks but no other manufacturer of a Gull Wing Truck Body Platform. The Curtainside Dry Freight Delivery trucks only alleviate the CDL and operational space considerations. The Gull Wing Body truck provides dual hydraulic cylinder operation for the folding sides which are not prone to dirt fouling, which is one of the environmental constraints of the Curtainside Dry Freight truck the curtain channels. The metal sides of the Gull Wing Truck Body provide for improved weather protection for loaded material.

The Gull Wing Body is resistant to tears and punctures and is not susceptible to UV Ray degradation, which offers an improvement over a Curtainside truck. The customizable location of the Hydraulic Control Box provides for an ergonomic method to open the side of the truck for loading/unloading. The operator does not have to manually slide the PVC curtain open. The Gull Wing Truck Hydraulic Cylinders have check valves to ensure safe operating pressure. The Gull Wing Truck Hydraulic System is maintainable and rebuildable, offering a system that can last the expected service life of the rolling chassis.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

A Notice of Intent to Award a Sole Source Contract will be synopsized and posted to the Federal Business Opportunities’ website to provide notice of the proposed sole source acquisition in accordance with FAR 5.201, “Synopsis of Proposed Contract Actions - General”. This information will be for informational purposes only.

7. DETERMINATION OF FAIR AND REASONABLE COST:

Issuing a sole source contract to LEDWELL is the most advantageous method of fulfilling the Government’s need for Gull Wing trucks, price and other factors considered as LEDWELL is the Only One Responsible Source known that will satisfy Agency requirements for Gull Wing Trucks. The Gull Wing Truck has been determined to be a Commercial Item in accordance with FAR 2.101(1)(i), as LEDWELL has sold the Gull Wing Trucks to the public. As such, LEDWELL will provide evidence of commercial pricing in the form of a bill of sale to the public for price reasonableness. A determination of price reasonableness will be made and documented by the Contracting Officer at the time of award.

8. DESCRIPTION OF MARKET RESEARCH:

Market Research was conducted in accordance with FAR 10.002. Market Research identified LEDWELL as a source that could provide the Gull Wing Truck which would satisfy the requirement. Upon receipt of the specifications and Statement of Work (SOW), the Contract Specialist performed additional market research to identify other potential sources that could provide the same or similar product as the Gull Wing Truck and meet the specification and SOW requirements. The Contract Specialist could only identify sources that could provide box-style trucks, similar tow behind trailers, or trucks with curtain sides that DDAA and DDJF are replacing. The Contract Specialist contacted the LEDWELL to determine if they provided the

Gull Wing Trucks through dealerships or authorized re-sellers. LEDWELL stated that they are the manufacturer with an active patent for Gull Wing trucks and deal directly with the Government. LEDWELL does not sell Gull Wing Trucks through dealerships or authorized re-sellers. Therefore, LEDWELL is the Only One Responsible Source known that will satisfy Agency requirements for Gull Wing Trucks.

The following techniques were used for Market Research:

a. Reviewed the results of the market research that was initially undertaken by the customer.

b. Contacted knowledgeable individuals in Government and industry regarding market capabilities to meet requirements.

c. Reviewed catalogs, government contracts, other available product literature published, online sources, and GSA schedules.

9. OTHER SUPPORTING FACTS:

The Specification Requirements are fully developed and available. However, there has only been one manufacturer of Gull Wing Truck Bodies identified.

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

N/A

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE/OVERCOME BARRIERS

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES/SERVICES IS

REQUIRED/MADE:

For future procurements the Statement of Work and Specification Requirements will be advertised to encourage full and open competition. The Statement of Work and Specification Requirements may allow additional truck body manufacturers the opportunity to design and manufacture a Gull Wing platform truck body for a non-CDL truck.

12. STATEMENT OF DELIVERY REQUIREMENTS:

The procurement requirement is for three (3) Gull Wing Trucks to be delivered to DLA Distribution Anniston, Alabama and three (3) Gull Wing Trucks to be delivered to DLA Distribution Jacksonville, Florida.

DLA Distribution Anniston, AL - Ledwell 25' Gull Wing (Steel Over Wood) mounted on 2024 FTL M2 Auto Air Ride:

a. Unit One (1) February of 2023

b. Unit Two (2) March of 2023

c. Unit Three (3) April of 2023

DLA Distribution Jacksonville, FL - Ledwell 25' Gull Wing (Steel Over Wood) mounted on 2024 FTL M2 Auto Air Ride -