LSJ 47QSWC22K0135 Jeep-Fully signed.pdf

Limited Source Justification (LSJ) – Jeep J8

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IDENTIFICATION OF THE AGENCY, CONTRACTING ACTIVITY, and Document being approved:

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Acquisition Operations Division/Large SOP 819 Taylor St., Fort Worth, TX 76102

Requiring Activity: US Army TACOM/SAMD 6501 E. 11 Mile Rd.

Warren, MI 48937

ACQ PIID 47QSWC22K0135

Description of Requirement: Armored Jeep J8 Brand Name: Jeep Procurement Vehicle: Multiple Award Schedule (MAS) Preponderance NAICS/GSA Category NAICS: 336112, titled: Light Truck and Utility Vehicle

MAS Category: 3361V

Federal Supply Code (FSC) 2540 Estimated Delivery Days ARO 180 days ARO Estimated Procurement Value: $4,260,296.00 FMS Case Numbers UDA, UDK, UAE (Peru)

NATURE OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is to request the approval for a one source justification, one-time delivery order for the supply of:

Case# Description Manufacturer QTY

Qk-UDK Jeep J8 STANAG L1 Armored Troop Carrier AADS 8

Qk-UDK Jeep J8 STANAG L1 Armored Troop Carrier Spares and Accessories

AADS 1

Qk-UDK Operator and Maintenance Training for Jeep J8 Armored Troop Carrier

AADS 1

Q8-UDA Jeep J8 B6 Armored Troop Carrier AADS 2 Q8-UDA Jeep J8 STANAG L1 Armored Troop Carrier AADS 3 Q8-UDA Jeep J8 B6 Armored Troop Carrier Spares and Accessories AADS 1 EP-UAE Jeep J8 STANAG L1 Armored Troop Carrier AADS 3

EP-UAE Jeep J8 STANAG L1 Armored Troop Carrier Spares and Accessories

AADS 1

The client is the United States Army, Tank Automotive and Armaments Command (TACOM), Security Assistance Management Directorate (SAMD), AMTA-MSS, located in Warren, MI. TACOM has fully implemented and funded Foreign Military Sales (FMS) Letter of Offer and Acceptance (LOA) for the Peru, FMS LOA Case Designators UDA, UDK and UAE.

This justification serves to support a one source procurement in accordance with the requirements specified in the LOA on behalf of the country of Peru and 8.405-6(a)(1)(i)(B), “Only one source is capable of providing the supplies or service required at the level of quality required because the supplies or services are unique or highly

Limited Source Justification (LSJ) FAR 8.405-6(a)(1)(i)(B)

DocuSign Envelope ID: 7E26E173-0C5A-413C-8BC3-8057AC8D8279

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It is anticipated that the delivery order will be awarded against Africa Automotive Distribution Services (AADS) Federal Supply Schedules (FSS) GS-30F-005DA, in accordance with FAR 8.405-1, ordering procedures for supplies, and services not requiring a statement of work.

DESCRIPTION OF SUPPLIES REQUIRED TO MEET THE AGENCY’S NEEDS

TACOM/SAMD has fully implemented and funded FMS cases for Peru. The required Jeep J8’s and accessories are being procured as specified by the LOA that requires a specific brand name, part number.

Funds are available for obligation within FY23. These are non-expiring funds.

Delivery: 180-days after receipt of order (ARO).

Shipping and handling terms are F.O.B. Origin, Door-to-Door. Inspection and acceptance shall be at OCONUS Origin. GSA Transportation will arrange transportation through the Defense Transportation System (DTS).

Shipping Instructions:

Ultimate Consignee MAPAC: BQKF00

MAPAC: BQKF00

PERU AIRFIELD MAINT. AND REPAIR CO.

BOUAR, NANA-MAMB R PREFECTURE

CENTRAL AFRICAN REPUBLIC

WEST SECTOR - MINUSCA

POC: COL JOSE DEL CARPIO

51990341475

This is a firm-fixed price, one-time delivery order. The estimated dollar value is $4,260,296.00.

IDENTIFICATION OF THE AUTHORITY AND SUPPORTING RATIONALE

The United States Government (USG) offers to sell items listed in this justification to Peru via LOA FMS Case UDK, UDA and UAE under the Arms Export Control Act (22 U.S.C. Chapter 39). In accordance with (IAW) DFARS 225.7304, “FMS customers may request that a defense article or defense service be obtained from a particular contractor” and FAR 6.302-4 provides the authority to contract without full and open competition.

Although FAR 6.302-4 provides the authority to limit sources to Africa Automotive Distribution Services (AADS) for their Jeep J8, spares and operator and maintenance training it has been determined that AADS offers these items on their MAS contract GS- 30F-005DA under MAS Category 3361V. Under FAR 8.004 “Use of other sources” the government is encouraged to use Federal Supply Schedules prior to using the open market. Therefore, this acquisition is being conducted under the authority of the Multiple Award Schedule (MAS) program. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies. Two statutory authorities exist to limit sources DFARS 225.7304 and

FAR 8.405-6.

The circumstances and rationale for limiting consideration to select schedule contractors for award follows: FAR 8.405-6(a)(1)(i)(B)-“Only one source is capable of providing the supplies or service required at the level of quality required because the supplies or services are unique or highly specialized” in accordance with LOA UDK, UDA and

UAE.

DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

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QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRE THE USE

OF THE AUTHORITY CITED:

The requested item is being procured by the US Government in support of the Arms Export Control Act for Peru.

The required vehicles are procured as specified by the LOA FMS that requires a specific brand name, part number.

No other like and/or similar products will meet the needs of the requesting country. AADS is the only company authorized access by Fiat Chrysler Automobiles International Operations (FCA-IO) to the Jeep Wrangler data package which is required to build and market the Jeep J8 per a letter from AADS. FCA-IO is the owner of the Jeep Brand, provided a letter dated 22 Jun 2022 stating that Africa Automotive Distribution Services (AADS) is the only company authorized by FCA-IO that can offer or produce Jeep J8’s and Jeep J8 variants.

The Jeep J8, spare parts for those models and training will meet Peru’s vehicles requirements. A review of the GSA Advantage revealed that these vehicles are currently available on GSA Advantage.

Therefore, given the Government’s unique requirements as specified in the LOA FMS Case’s UDK, UDA and UAE with Peru under the Arms Export Control Act (22 U.S.C. Chapter 39) and authority cited under 8.405-6(a)(1)(i)(B) and DFARS 225.7304, limiting items to AADS is justified.

DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING OFFICER THAT

THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH 8.404(D):

A best value determination will be documented. Prior to placing the order, the Contracting Officer will seek price reductions from AADS on the Request for Quote (RFQ). In accordance with FAR 8.404-(d) “Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced either at hourly rates, or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair). GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable.” Quotes will be reviewed to ensure that pricing and terms are in accordance with the quoter’s Multiple Award Schedule (MAS) contract.

Although MAS pricing is fair and reasonable the Contracting Officer anticipates using a second price analysis technique to substantiate price reasonableness. These techniques included, but are not limited to the following:

Requesting recent commercial and Government sales history Direct competitive pricing comparisons Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

DESCRIPTION OF MARKET RESEARCH CONDUCTED:

AADS has a current GSA Contract # GS30F005DA which can support all the requirements of this proposed action.

No other vendors were found on the site to offer Jeep J8 vehicles, supplies or services.

OTHER FACTS SUPPORTING THE JUSTIFICATION

TACOM has awarded several procurements that have been sole sourced to AADS in accordance with the Fiat Chrysler Automobiles International Operations (FCA-IO) agreement. These procurements were documented through a Limited Source Justification (LSJ) and posted to SAM.gov in accordance the estimated value and FAR guidance.

Recent Procurement History:

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Delivery Order W56HZV-20-F-0085 (FAR 8.405-6, Limited Sources Justification and Approval).

Contractor: Africa Automotive Distribution Services Ltd.

Multiple Jeep J8 Variants and Spares 5Total Jeep J8’s and Spares Total Value: $549,500.50 Award Date: 10 Apr 2020

Delivery Order W56HZV-19-F-0462 (FAR 8.405-6, Limited Sources Justification and Approval).

Contractor: Africa Automotive Distribution Services Ltd.

Multiple Jeep J8 Variants and Spares 361 Total Jeep J8’s, Spares and Training Total Value: $25,022,431.89 Award Date: 25 Jun 2019

Contract Number FA4890-18-F-7063 (FAR 8.405-6 Limited Sources Justification and Approval).

Contractor: Africa Automotive Distribution Services Ltd.

Multiple Jeep J8 Variants and Spares 22 Vehicles and Spares Total Value: $1,300,116.00 Award Date: 18 Sep 2018

STATEMENT OF ACTIONS TO OVERCOME BARRIERS OF COMPETITION

The various vehicles are manufactured by FCA-IO, which is the only brand capable of meeting the Peruvian Government’s needs as defined by the LOA. Until it is determined that the J8 models no longer meet the Government’s requirements, or a brand name is not specified in the LOA, these models must continue to be procured. To ensure the above requirement is met, TACOM will continue to evaluate the capabilities of other brands/models through continuing market research and changing needs of TACOM. Continued efforts in this regard will ensure the Government utilizes the most efficient and economical provider.

The Government will continue to search both the Internet for possible sources of supply in addition to synopsizing any intent to negotiate with a single source for future requirements, thereby keeping industry aware that the Government is aware of no other sources for the required items. Additionally, this justification will be posted to SAM.gov within fourteen (14) days of award for a minimum of thirty (30) days in accordance with FAR Subpart 8.405-6(a)(2)(i).

TECHNICAL REQUIREMENTS CERTIFICATION

In accordance with FAR Subpart 8.405-6(c) and on behalf of the requiring agency, the undersigned client agency Technical Representative hereby certifies that the required items described herein from Jeep J8 is the only appropriate equipment that will meet the minimum needs of the Government and the basis for the justification is complete and accurate to the best of my knowledge. I further understand that the facts I have presented will be solely relied upon to make the determination to limit competition, and sources for this procurement.

David Tipp, Weapon System Manager Date

TACOM/SAMD

TIPP.DAVID.LYLE.JR.123

4668214

Digitally signed by

TIPP.DAVID.LYLE.JR.1234668214

Date: 2022.11.03 14:50:35 -04'00'

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Contracting Activity:

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

Management Review:

Based on the information contained herein, the signature below represents this Limited Source Justification (LSJ) document has been reviewed in accordance with regional policy and found to be sufficient.

Phil Cleveland Date Team Lead, Large SOP (7QFAD)

Legal Review:

Based on the information contained herein, the signature below represents this Limited Source Justification (LJS) has been reviewed in accordance with GSA Order ADM 5000.4B and regional policy and found to be legally sufficient.

Assistant Regional Counsel (LD7) Date

Approved By:

The contracting officer has determined that the appropriate actions were taken under this acquisition meet the conditions described in FAR Subpart FAR 8.405-6(a)(1)(i)(B). The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Jack Brothers Date Contracting Officer, Large SOP (&QFAD)

Acting Director, Assisted Acquisition Division (7QFA) Date

Competition Advocate Certification:

I, the approving authority, determine that the actions taken under this acquisition meet the conditions described in FAR 8.405-6(a)(1)(i)(B). The signature below also represents approval of this one source Justification.

Competition Advocate Date

DocuSign Envelope ID: 7E26E173-0C5A-413C-8BC3-8057AC8D8279

11/3/2022

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