Redacted_Combined LSJ and SSJ_47QSWC25K0036_Jeeps J8.pdf

CUI

General Services Administration

Federal Acquisition Service (FAS), General Supplies and Services (GSS), Assisted Contracting Branch B

COMBINED LIMITED SOURCE JUSTIFICATION (LSJ) AND SOLE SOURCE

JUSTIFICATION (SSJ)

I. IDENTIFICATION OF THE AGENCY, CONTRACTING ACTIVITY, AND

SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “LIMITED-SOURCE

JUSTIFICATION”:

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) General Supplies and Services (GSS) Assisted Contracting Branch B 819 Taylor St., Fort Worth, TX 76102

Requiring Activity and Address: United States Army, Tank Automotive and Armaments Command (TACOM) Security Assistance Management Directorate

(SAMD) - AMTA-MSS-D

6501 East 11 Mile Road Detroit Arsenal, MI 48397-5000

Acquisition PIID: 47QSWC25K0036 Description of Requirement: Jeeps J8 (Light Patrol Vehicles (LPVs) and

Ambulances), Supporting Material, and Training Procurement Vehicle: Multiple Award Schedule (MAS) MAS Vendor:

MAS Contract Number:

Africa Automotive Distribution Services Limited

(AADS)

GS-30F-005DA

Primary NAICS:

GSA Category:

336110, titled: Automobile and Light Duty Motor Vehicle Manufacturing

3361V, titled: Vocational Vehicles

Product and Service Code (PSC) 2540, titled: Vehicular Furniture and Accessories Estimated Delivery Days ARO 360 days after receipt of order Estimated Value:

Estimated Open Market Value:

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is to request the approval of a single award, firm-fixed price, combined limited source justification (LSJ) and sole source justification (SSJ) for the supply of upfitted Jeeps J8 (Light Patrol Vehicles (LPVs) and Ambulances), supporting material, and training, on behalf of the United States Army, Tank Automotive and Armament Command (TACOM), Security Assistance Management Directorate (SAMD), located in Detroit Arsenal, MI for the countries of Bosnia and Herzegovina and Tajikistan.

TACOM/SAMD have two fully implemented and funded Foreign Military Sales (FMS) Letter of Offer and Acceptances (LOA), Case Designators (Bosnia and Herzegovina) and

(Tajikistan) for the supply of upfitted Jeeps J8 (LPVs and ambulances), supporting material, and training under the Arms Export Control Act (22 U.S.C. Chapter 39) and authority cited under FAR 8.405-6(a)(1)(i)(B), DFARS 225.7304, and 41 USC 3304(a)(4).

This LSJ/SSJ serves to support the procurement as a limited source award for deliverables manufactured by FCA International Operations, LLC (FCA-IO) and solely distributed by Africa Automotive Distribution Services Limited (AADS). It is anticipated that this delivery order will be awarded against AADS’s Multiple Award Schedule (MAS) Schedule, GS-30F-005DA which expires on January 4, 2026, (ultimate contract end date January 4, 2036), in accordance with FAR 8.405-6(a)(1)(i)(B), Only One Source is Capable.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE):

Item # Case Line Manufacturer's

Name Manufacturer's

Part Number Product Description

Open Market?

Yes/No

0001A AADS JL02PV

Jeep J8 Light Patrol Vehicle Hardtop (Standard Variant) Yes

0001B AADS -

Jeep J8 Light Patrol Vehicle Hardtop (Upgrades Only) Yes

0002 AADS J8SP3

J8 2019 SERVICE PACK

V3 No

0003 AADS J8SPK

JEEP J8 - 1 YEAR - 20K

KM - SERVICE PACK No

0004 AADS J8DS

WI-TECH

DIAGNOSTIC TOOL No

0005 AADS -

OCONUS Jeep J8 Light Patrol Vehicle Training Yes

0006 AADS -

Extended Warranty of 5 Years Yes

0007A AADS JL01AMB

Jeep J8 Ambulance (Standard Variant) No

0007B AADS -

Jeep J8 Ambulance (Upgrades Only) Yes

0008 AADS J8MK1

JEEP J8

MAINTENANCE KIT No

0009 AADS J8SPK

JEEP J8 - 1 YEAR - 20K

KM - SERVICE PACK No

0010 AADS J8DS

WI-TECH

DIAGNOSTIC TOOL No

0011 AADS -

OCONUS Jeep J8 Ambulance Training Yes

Total Estimated Value: . Funds are non-expiring funds and are available for obligation within FY25.

IV. THE AUTHORITY AND SUPPORTING RATIONALE (SEE 8.405-6(a)(1)(i) AND

(b)(1)) AND, IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED

SUPPLY OR SERVICE:

This acquisition will be conducted under the authority of the MAS Program, FAR 8.4. 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 LOAs’ required upfitted LPVs and ambulances are manufactured by FCA International Operations LLC (FCA-IO). GSA Advantage revealed AADS has the required items awarded under their GSA Schedule Contract, GS-30F-005DA (ultimate Contract end date of January 04, 2036) under GSA Category 3361V, titled: Vocational Vehicles. FCA-IO has certified in a letter, dated November 05, 2019, that AADS, is “the only remaining currently authorized supplier of upfitted Jeep J8 vehicles for military customers”. As “Only one source is capable of providing the supplies or services,” on behalf of Bosnia and Herzegovina and Tajikistan, the authorities being cited are under FAR 8.405-6(a)(1)(i)(B), DFARS 225.7304, and 41 USC 3304(a)(4). No other like and/or similar products will meet the needs of the requesting countries. The required parts can only be sourced through AADS.

In accordance with DFARS 225.7304, FMS customers may specify brand name or request that a defense article or defense service be obtained from a particular contractor. Additionally, 41 USC 3304(a)(4) states that the terms of an international agreement or treaty between the Federal Government and a foreign government have the effect of requiring the use of procedures other than competitive procedures. The Contracting Officer has verified the LOA sufficiently fulfills the requirements allowing the requesting countries to specify a particular brand name. As such, the Contracting Officer is required to honor the agreement between the USG and the Governments of Bosnia and Herzegovina and Tajikistan. Reference section III of this justification for a list of items identified in the LOA. There are not two or more small businesses who sell the required items on their MAS contract therefore, this requirement is not being set-aside for small businesses.

This acquisition will be procured against the MAS Program, GSA Special Item Number (SIN)/Category 3361V, titled: Vocational Vehicles. FAR 8.405-6(a)(1)(i)(B) applies when 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. The requirements of the LOAs with Bosnia and Herzegovina and Tajikistan explicitly limit the items to specific vehicles only available through AADS. AADS is the only source capable of providing the supplies required at the level of quality required because the supplies are unique and highly specialized and capable of meeting the requirements of the LOAs. Therefore, pursuant to FAR 8.405-6(a)(1)(i)(B) and DFARS 225.7304, procuring these items from one source is justified.

In accordance with FAR 8.405-6(a)(2)(i), this LSJ/SSJ will be posted to SAM.gov within fourteen (14) days of award for a minimum of thirty (30) days.

V. DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING

OFFICER THAT THE ORDER REPRESENTS THE BEST VALUE

CONSISTENT WITH FAR 8.404(d):

A best value determination will be conducted and documented prior to award. Additionally, prior to awarding the delivery order, the Contracting Officer will seek price reductions from AADS under their MAS Contract #GS-30F-005DA, in accordance with FAR 8.405-4. Any quote submitted by AADS will be reviewed to ensure pricing and terms are in accordance with their MAS Contract.

In accordance with FAR 8.404(d) Pricing, GSA has already determined the prices of the supplies and fixed-price services under Schedule contracts to be fair and reasonable. However, for open market items, those not awarded under the GSA contract, the Government must make an independent fair and reasonable price determination. Additionally, the Department of Defense (DoD) has issued Class Deviation 2014-00011, dated March 13, 2014, whereby the Contracting Officer is responsible for making a determination of fair and reasonable pricing for orders/BPAs using the proposal analysis technique outlined in FAR 15.404-1.

Because this requirement is limited to one source, the Government will be utilizing at least two

(2) methods by which to determine pricing submitted by AADS to be fair and reasonable. These techniques include, 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.

VI. A DESCRIPTION OF MARKET RESEARCH CONDUCTED AMONG

SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE

REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research was conducted in accordance with FAR Part 10 to determine the availability of the items identified in the LOAs. Market research revealed the requested items were not available through AbilityOne, UNICOR, or Interagency Contract Directory Portal. Market research did reveal the required items were available on GSA Advantage! website under the MAS Program through AADS’s MAS Contract #GS-30F-005DA. It was also discovered that AADS is the only authorized distributor of FCA-IO’s products on Schedule and open market.

VII. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

For administrative convenience, FAR 8.402(f) permits a contracting officer to include items not listed on the Federal Supply Schedule (FSS)—commonly referred to as open market items—on an FSS delivery order. Since ADDS does not have all required items listed under their Schedule contract (see table above, Section III), and the LOA designates ADDS as the contractor, all items awarded must be procured through ADDS.

The estimated total value of the open market items, , falls within the thresholds for use of FAR Part 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services. To streamline the acquisition process, the sole source justification (SSJ) for the open market portion is addressed within this document. The authority cited for this justification is FAR 13.106-1(b), which allows for solicitation from a single source and is applicable to the open market costs.

Acquisitions made under the FSS using simplified acquisition procedures are exempt from the requirements of FAR Part 6; therefore, the requirement for full and open competition does not apply, in accordance with FAR 8.405-6(a) and FAR 13.501(a)(1). Required approvals at the appropriate levels are being obtained in accordance with FAR 13.501(a)(2)(ii) and FAR 8.405-6(d)(4).

VIII. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE

RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:

Until it is determined these required items no longer satisfy the terms of the LOAs between the US Army and the countries of Bosnia and Herzegovina and Tajikistan, FCA-IO must continue to be procured as a brand name through AADS.

To ensure compliance with the LOA and address evolving requirements, TACOM will actively evaluate potential other suitable items or contractors through ongoing market research and assess the changing needs of the Governments of Bosnia and Herzegovina and Tajikistan.

TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the facts and presentations under my cognizance, which forms a basis for this justification and its supporting acquisition documents, except as noted herein are complete and accurate to the best of my knowledge.

Date Weapon System Manager

TACOM SAMD (AMTA-MSS-D)

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

The contracting officer has determined that the appropriate actions taken under this acquisition meet the conditions described in 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.

, Date

Contracting Officer, Assisted Contracting Branch B (QSCBDA)

APPROVALS:

One Level Above, Assisted Contracting Branch B (QSCBD)

Acting Director, Special and Assisted Contracting Division (QSCB)

Operational Guidance Branch SME (QSA)

Regional Counsel, Heartland Region (LD6)

Acting, Competition Advocate (QSA)

APPROVAL AUTHORITY CERTIFICATION

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR 8.405-6(a)(1)(i)(B) is justified.

The signature below also represents approval of this Justification and Approval.

Contract Executive (QSC), Delegated HCA Authority