LSJ_TACOM_Nigeria Navistar MaxxPro Dash MRAP Upgrade Kits and Support Items_ID22200114_signed.pdf

LIMITED SOURCE JUSTIFICATION

FAR 8.405-6(a)(1)(i)(B) – One Source

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

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, AMTA-MSS-E 6501 E. 11 Mile Rd.

AMTA-MSS-E, MS 909

Detroit Arsenal, MI 48937-5000

GSA’s Delivery ID #: ID22200114 MAS Contract Number: GS-07F-9287S Procurement Vehicle Consolidated Multiple Award Schedule, Category &

NAICS: 336992

Description of Requirement: Navistar MaxxPro Dash MRAP Upgrade Kits &

Support Equipment for Nigeria Brand Name(s): Navistar Delivery After Receipt of Order (ARO): 365 days (1 year) ARO Estimated Procurement Value: $3,202,613.00

2. NATURE OR DESCRIPTION OF THE ACTION BEING APPROVED

This action is to request the approval of a single limited source, one-time delivery order for the supply of Navistar’s MaxxPro Dash Military's Mine Resistant Ambush Protected (MRAP) Upgrade Kits and Support Equipment for the Government of Nigeria as shown in the table below.

The client is the U.S. Army, Tank Automotive and Armaments Command (TACOM)/Security Assistance Management Directorate (SAMD), Division AMTA-MSS-E, located in Detroit Arsenal, MI. TACOM has a fully implemented and funded Foreign Military Sales (FMS) Letter of Offer and Acceptance (LOA) for the Government of Nigeria, LOA Case Designator #QE-B-UCA.

This Limited Source Justification (LSJ) serves to support the (one source) procurement of the following items required by the Government of Nigeria, LOA Case Designator #QE-B-UCA:

LOA QE-B-UCA A02

Line Item Number

Description QTY

018 MaxxPro Dash MRAP Upgrade Kits for:

-MaxxPro Dash Interrogator Arm (IA) - 2 EA -MaxxPro Dash Mine Roller - 2 EA -MaxxPro Dash Wrecker - 2EA

019 Special Tools & Test Equipment, DASH Lot

DocuSign Envelope ID: EA66F07C-C496-4A5F-A931-880ECEE925CE

This LSJ serves to support the procurement as a one-source award for deliverables manufactured by Navistar Defense and solely distributed by Federal Resources Supply Company (Federal Resources). This delivery order will be awarded against Federal Resources’ Multiple Award Schedule (MAS) Contract, GS-07F-9287S in accordance with FAR 8.405-6. Sources were limited in accordance with the requirements specified in the LOA with the Government of Nigeria and FAR 8.405-6(a)(1)(i)(B), One Source.

3. DESCRIPTION OF SUPPLIES REQUIRED TO MEET THE AGENCY’S NEEDS

TACOM/SAMD has a fully implemented and funded FMS LOA for the Government of Nigeria, LOA Case Designator #QE-B-UCA. The required items are being procured as specified by the LOA that requires a specific brand name, part number. No other like and/or similar products will meet the needs of the requesting country.

Navistar Defense is the manufacturer for the MaxxPro Dash MRAP Upgrade Kits and Support Equipment for the Government of Nigeria. These vehicles are utilized in high-threat environments. They are an ambush protected vehicle used to protect Warfighters from improvised explosive devices (IEDs), ballistic arms fires, mine blasts and other emerging threats. Once the Navistar MaxxPro vehicle is put out of service (EDA vehicles) they are shipped back from the Army’s Depot to Navistar to be upgraded/refurbished (get to a certain condition code). These upgraded kits are manufactured by Navistar and consist of all new parts, pieces and labor. All logistical support for these vehicles requires procurement of commercial truck parts, components and services. Once the vehicles are upgraded they are shipped back to the requesting country to put back into service.

As this requirement requires Special Tools & Test Equipment, the Contracting Officer obtained a Letter from Navistar’s VP/COO, James Grooms who certified that items met the requirements of the Berry Amendment and TAA in accordance with USC, Title 10, Section 2533a.

Freight: F.O.B. Origin. Special shipping required through GSA’s 1611 Program applies. The six (6) vehicles will be se shipped from Navistar’s West Point, MS factory to Abuja, Nigeria. The Special Tools & Test Equipment will be shipped from Navistar’s Springfield, OH location and will be containerized and shipped to the Joint Consolidation Point (JCP) located in Mechanicsburg, Pennsylvania. The Client’s Transportation Account Code (TAC) will be used to pay for shipment and will include the door to door transportation cost. Origin covers the entire move (from the manufacturer’s facility to the customer) under the TAC. Transportation will be booked through the Integrated Booking System (IBS).

Ultimate Consignee MAPAC

MaxxPro Vehicles (QTY 6)-

MAPAC: BQEA00

US EMBASSY ABUJA

• SFC ACHIGBU 234 09 461 4106

• PLOT 1075 DIPLOMATIC DRIVE

• CENT DIST AREA

• ABUJA, NIGERIA

Spares (LOT)

MAPAC: BDBX00

Ship to:

NAVSUP WEAPON SYSTEM

CODE NOS1 TEL 717-605-8199

5450 CARLISLE PIKE BLDG 107 S END

MECHANICSBURG, PA 17050

Ultimate Shipping (Mark For) Address:

DB NIGERIA CONSOLIDATION

MECHANICSBURG PA 17050

The following Requisition numbers have been established by TACOM’s Counter-ISIS Transpiration Officer, Adam Coffman:

LOA #QU-UCA A01

Line Item Number

Description Requisition Number

015 MaxxPro Dash Interrogator Arm (IA) BQEZ7301899015XAX 015 MaxxPro Dash Interrogator Arm (IA) BQEZ7301899015XBX 016 MaxxPro Dash Mine Roller BQEZ7301899016XAX 016 MaxxPro Dash Mine Roller BQEZ7301899016XBX 017 MaxxPro Dash Wrecker BQEZ7301899017XAX 017 MaxxPro Dash Wrecker BQEZ7301899017XBX 019 Special Tools & Test Equipment, DASH BQE0450189Y019

TACOM provided the following MIPR’s to fully fund this requirement: MIPR No.: 11543047 and 11543048.

4. IDENTIFICATION OF THE AUTHORITY AND SUPPORTING RATIONALE

This acquisition will be was conducted under the authority of the Multiple Award Schedule (MAS) Program, FAR 8.401. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C. 501, Services for Executive Agencies.

The United States (USG) offers to sell to the Government of Nigeria via FMS LOA, Case Designator #QE-B-UCA. This acquisition will be procured against Federal Resources’ MAS contract, GS-07F-9287S under Category/NAICS 336992. FAR 8.405-6(a)(1)(i)(B) applies when procuring items from only one capable source:

(1) FAR 8.405-6(a)(1)(i)(B) 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.

(2) This LSJ will be posted to beta.SAM.gov within fourteen (14) days of award IAW FAR 8.405- 6(a)(2)(i)

The required items(s) are procured as specified by the LOA that requires a specific brand name, part number. No other like and/or similar products will meet the needs of the requesting country. The circumstances and rationale for limiting consideration to Federal Resources for award in accordance with FAR Subpart 8.405-6(a)(1)(B), “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.”

This LSJ will demonstrate Federal Resources is the only source of supply for the required items manufactured by Navistar Defense.

5. DEMONSTRATION THAT THE ACQUISITION REQUIRES 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 the Government of Nigeria. The required items are procured as specified by the FMS LOA that requires a specific brand name, part numbers. No other like and/or similar products will meet the needs of the requesting country.

Navistar Defense is the manufacturer of the items required in the LOA. On August 20, 2020, the Contracting Officer contacted Navistar Defense’s VP/COO, Mr. James Grooms who certified Federal Resources Supply Co is Navistar’s only distributor for the MaxxPro vehicles and vehicle performance upgrades, both open market and on GSA Schedule. In addition, the Contracting Officer searched GSA Advantage and confirmed Federal Resources sells the required items via their GSA Multiple Award Schedule (MAS) Contract, GS-07F-9287S. Therefore, given the requirements specified in the LOA with the Government of Nigeria and cited FAR 8.405-6(a)(1)(i)(B), procuring these brand-name, part numbers from one source is justified.

6. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICABLE OR

EXCEPTION

The market research conducted by the Contracting Officer and information submitted by the customer for review indicates that only one (1) source, Federal Resources Industries, Inc. has the required items available on their GSA MAS Contract, GS-07F-9287S and is the only source who can provide pricing.

GSA has already determined the prices on the Multiple Award Schedule to be fair and reasonable.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE REPUBLIC WILL BE FAIR AND REASONABLE AND REPRESENTS THE BEST

VALUE:

In accordance with FAR 8.404, all pricing will be evaluated prior to award. All pricing will be reviewed to ensure pricing and terms are in accordance with Federal Resources’ MAS contract. The Contracting Officer will seek price reductions from Federal Resources in accordance with FAR 8.405-4.

The Contracting Officer anticipates the use of variety of price analysis techniques in order to substantiate price reasonableness of the items requested in the award decision document. These techniques included, but 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.

8. DESCRIPTION OF MARKET SURVEY CONDUCTED

In accordance with FAR 8.002(a)(1)(i) through (v), the Contracting Officer has determined that the required items are not available from other priority Government supply sources, such as the Federal Prison Industries, AbilityOne, Interagency Contract Directory (ICD) or through the Green Procurement Compilation.

Market research revealed the required items are currently available using GSA’s Multiple Award Schedule (MAS) under consolidated Schedule, titled: Multiple Award Schedule (consolidated Schedule).

The requested items are specifically listed under Category/NAICS 336992: Armored Vehicles, Vehicle Armoring Services, and Wheeled Vehicles (excluding patrol cars).

In conducting market research, the Contracting Officer determined that Federal Resources is the only source for the required models both open market and on GSA Schedule. Therefore, given the requirements specified in the LOA with the Government of Nigeria and cited FAR 8.405-6(a)(1)(i)(B), procuring the required items (brand-name, part number) from one source is justified.

9. OTHER FACTS SUPPORTING THE JUSTIFICATION

While GSA is committed to expanding competition, we must accomplish that goal with the least risk to the successful support of TACOM’s mission and the ongoing efforts. GSA jeopardizes being able to meet our customers’ need by not completing this sole-source procurement.

10. LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION

As indicated by the Technical Representative signature below, this equipment is manufactured and distributed by Federal Resources. Therefore, this is the only appropriate source for this equipment to support the mission requirements of TACOM.

11. STATEMENT OF ACTIONS TO OVERCOME BARRIERS OF COMPETITION

Navistar Defense is the only brand capable of meeting the Government’s needs as defined by the LOA.

Until it is determined these required items no longer meets the requirements set forth within the LOA between the US Army and the Government of Nigeria, Navistar must continue to be procured as a brand name from their authorized distributor, Federal Resources. To ensure the above is met, TACOM will continue to evaluate the capabilities of other vendors through continuing market research and changing needs of the US Army and the Government of Nigeria. Continued efforts in this regard will ensure that the Government utilizes the most efficient and economical provider.

The Government will continue to both search 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 beta.SAM within fourteen (14) days of award for a minimum of thirty (30) days in accordance with FAR Subpart 8.405-6(a)(2)(i).

GSA conducts continuous market surveys on products to determine the availability of qualified sources for meeting mission-critical objectives. Furthermore, TACOM’s Program managers attend conferences, expos, demonstrations, and review trade publications to keep current on industry offerings and potential suppliers for these types of items.

12. 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 Federal Resources, 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.

Joseph Sailus Date

TACOM/SAMD, AMTA-MSS-E

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

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.

Contracting Activity:

Melissa Salvatore Date Contracting Officer, Large SOP (7QFAD)

APPROVALS:

Branch Chief, Large SOP (7QFAD) Date

Assistant Regional Counsel (LD7) Date

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) is justified. The signature below also represents approval of this Limited Sources Justification.

Competition Advocate (7QSA) Date

SAILUS.JOSEPH.13630402

Digitally signed by

SAILUS.JOSEPH.1363040248

Date: 2020.08.27 13:35:22 -04'00'

DocuSign Envelope ID: EA66F07C-C496-4A5F-A931-880ECEE925CE

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