LSJ_TACOM SAMD_MRAPS for IRAQ_ID22200025_signed.pdf

Limited Source Justification – TACOM/SAMD, MRAP Recovery Vehicles & Support Items

LIMITED SOURCE JUSTIFICATION (LSJ

FAR 8.405-6(a)(1)(i)(B) – One Source

Identification of the agency and the 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, AMTA-MSS-E 6501 E. 11 Mile Rd.

AMTA-MSS-E, MS 909

Detroit Arsenal, MI 48937-5000

MAS Contract Number/Delivery Order ID# GS-07F-9287S/ID22200025 Description of Requirement: Mine-Resistance Ambush Protected (MRAP)

Recovery Vehicles and Support Items Brand Name(s): Navistar Defense Delivery After Receipt of Order (ARO): 334 days ARO

Nature and description of action being approved:

The U.S. Army, Tank Automotive and Armaments Command (TACOM), Division AMTA-MSS-E has a fully implemented and funded Foreign Military Sales (FMS) Letter of Offer and Acceptance (LOA) for the Government of Iraq - Peshmerga BDE SETS, Case Designator IQ-B-ADI for the supply of three (3) MaxxPro Mine-resistance Ambush Protected (MRAP) Recovery Vehicles – performance upgrade (MRV- P) and supporting items as shown in the table below. These MRAPS Recovery Vehicles are manufactured by Navistar Defense. Navistar has sold the MRV-P as a direct commercial sale to the Algerian Ministry of Defense. All logistical support for this vehicle requires commercial procurement of parts and services.

Description of the supplies or services required to meet the agency’s needs (including the estimated value):

Fully implemented and funded TACOM SAMD, FMS case for IRAQ, Case Designator IQ-B-ADI for the following items:

LOA Line Item #

MFR MFR Part # Product Description QTY

11 Navistar MRV-P MaxxPro Recovery Vehicle Performance upgrade (MRVPK)

76 Navistar BII MRVPK Basic Issue Items (BII), MRVPK 3

77 Navistar AC MRVPK Annual Consumables, MRVPK 3

78 Navistar 1YR SSP 3-MRVPK 1-yr Spare Parts Package, 3- MRVPK fleet 1 79 Navistar STTE Set, Special Tools & Test Equipment

(STTE)

Total Estimated Value: $4,896,254.00

The justification shall cite that the acquisition is conducted under the authority of the Multiple- Award Schedule Program (see 8.401):

This acquisition was 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 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 Iraq - Peshmerga BDE SETS via the Letter of Offer and Acceptance (LOA), Case Designator IQ-B-ADI. This acquisition will be procured against the MAS Schedule 84 under consolidated Special Item Number (SIN) 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)

Supporting rationale (for the authority cited in the paragraph above) including a demonstration that the proposed manufacturer’s unique features or the nature of 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 Iraq - Peshmerga BDE SETS. The required items are procured as specified by the Letter of Offer and Acceptance (LOA) that requires a specific brand name, part numbers. No other like and/or similar products will meet the needs of the requesting country.

The manufacturer of the items specified in the LOA is Navistar Defense. A search on GSA Advantage revealed Federal Resources Supply Company, Dba Federal Resources is the only distributor of the required items. The Contracting Officer confirmed with Navistar Defense, Federal Resources is their “exclusive” distributor for items specified in the LOA. The Contracting Officer also confirmed Federal Resources sells the required items via their GSA Multiple Award Schedule (MAS), Schedule 84 Contract, GS-07F-9287S. Therefore, given the requirements specified in the LOA with the Government of Iraq - Peshmerga BDE SETS and cited FAR 8.405-6(a)(1)(i)(B), procuring these brand-name, part numbers from one source is justified.

Determination by the Contracting Officer that the anticipated cost to the Government will be 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.

A description of the market research conducted amoung schedule holders and the results or a statement of the reason market research was not 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 Schedule 84, titled: TOTAL SOLUTIONS FOR LAW

ENFORCEMENT, SECURITY, FACILITIES MANAGEMENT, FIRE, RESCUE, CLOTHING,

MARINE CRAFT AND EMERGENCY/DISASTER RESPONSE. The requested items are specifically listed under consolidated Special Item Number (SIN) 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 this product as previously confirmed with Navistar defense, the manufacturer of the required items. Therefore, given the requirements specified in the LOA with the Government of Iraq - Peshmerga BDE SETS and cited FAR 8.405-6(a)(1)(i)(B), procuring these brand-name, part numbers from one source is justified.

Any other facts supporting this justification:

All facts supporting this justification have been provided above.

A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the brand name restriction before any subsequent acquisition for the supplies or services is made:

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 Iraq - Peshmerga BDE SETS, 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 Iraq - Peshmerga BDE SETS.

Continued efforts in this regard will ensure that the Government utilizes the most efficient and economical provider.

TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in this justification, is accurate and complete to the best of my knowledge and belief.

Charles (Chuck) B. Ferrigno Date

TACOM SAMD, AMTA-MSS-E

p

Charles (Chuck) B Ferrigno

05 May 2020

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

MELISSA SALVATORE Digitally signed by MELISSA SALVATORE Date: 2020.05.08 11:25:27 -05'00'

Tammy Mattox Digitally signed by Tammy Mattox Date: 2020.05.08 12:42:53 -05'00'

AMY COOK Digitally signed by AMY COOK Date: 2020.05.11 15:42:06 -05'00'

Alan Searsy Digitally signed by Alan Searsy Date: 2020.05.12 07:22:36 -05'00'

MICHAEL MCDANIEL

Digitally signed by MICHAEL

MCDANIEL

Date: 2020.05.12 09:51:12 -05'00'