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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-0088

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

Although these items are commercial, it is essential that the Government procure these items manufactured by DRS Sustainment Systems, Inc. (CAGE 98255) because these items support military specific weapon systems, such as Heavy Equipment Truck Tractor, M1070 and Family of Medium and Light Tactical Vehicles (FMTV). It is necessary to procure these items because they were designed for and tested for these weapon systems. These maintenance kits are designed for military application only, and are the only known replacement parts that will ensure the military end item function in accordance with military specifications and requirements.

The use of the authority cited below:

[ X ] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

DRS Sustainment Systems, Inc. (CAGE 98255) is the only known source that has the data necessary to manufacture these items to meet the military customer needs. Product Specialist verification dated 03/05/21 was received from , Quality Assurance Specialist. See attachment #1

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[ X] The acquisition will be synopsized 15 days prior to solicitation issuance. The solicitation will then be posted to Dibbs for a total of 30 days.

[ X] Other. (Explain) a sources sought notice was posted on beta.SAM.gov on 04/29/21 with a return response of 05/04/21. No responses were received as a result of the sources sought notice that was posted. An updated sources sought notice was posted on beta.SAM.gov on 07/26/21 with a return response of 08/02/21. No responses were received as a result of the sources sought notice that was posted.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a comparison to commercially available pricing, conducting a price analysis, Global insight data and learning curve analysis. The offeror may be requested to submit information other than cost or pricing data for determining price analysis. By using the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable. Requirement is being solicited with a three-year base period and two option years.

8. Market Research/Efforts to Obtain Competition:

Market research questions were emailed to the coded source of supply. A sources sought notice was posted on beta.SAM.gov on 04/29/21 with a return response of 05/04/21. No responses were received as a result of the sources sought notice that was posted. An updated sources sought notice was posted on beta.SAM.gov on 07/26/21 with a return response of 08/02/21. A Google search was conducted on 04/22/21. While these P/Ns are listed on multiple Government part resale sites, such as wbparts.com and parttarget.com, there was no pricing shown. Procurement history was also analyzed for each NSN, these items were determined commercial on multiple purchase orders.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during Mar 2, 2021 through Mar 7, 2021.

Market research was performed by the Strategic Sourcing Specialist Total number of vendors contacted: 2 Names of vendors contacted and responding: DRS Sustainment Systems, Inc. (CAGE 98255) and Science Applications International Corp (79343). Science Applications International Corp (79343) responded positively with interest in proposing on subject solicitation. No additional responses were received. Based on the response received from Science Applications International Corp (79343), the sole provider, a follow-up market survey was not sent to DRS Sustainment Systems, Inc.

Techniques used to conduct survey: Email to include a Market Survey questionnaire with excel spreadsheet and posting a sources sought on beta.SAM.gov.

Types of information requested: Company was asked about its interest in proposing on these NSNs based on a long term contract arrangement with a 3 year base and option years, questions relating to commerciality of the item, if it can provide cost and pricing data, whether the items were hazardous, if they keep inventory on the items, an estimated delivery and whether there is a minimum order requirement for the NSNs.

Summary of information received:

Science Applications International Corp (79343): Company responded with market research answers on 03/09/21. Company is a large business distributor/dealer and is interested in pursuing a Long Term Contract for the items. Science Applications Intl. Corp would accept a . Company indicated the items were not commercial. Science Applications Intl. Corp indicated they could provide certified cost or pricing data. See Attachment #2.

Information received regarding the commerciality of the item(s): Science Applications Intl. Corp indicated the items were not commercial. The contract specialist checked the COS field for the each NSN in the Material Master (MM03, Classification, Industrial sup). The COS field was coded “Y” for CLIN 0001, NSN 4910-01-626-0628.

CLIN 0001, NSN 4910-01-626-0628 was determined Commercial of a Type on BPA Report No. 19-555 dated 9/18/2019. If an item has been determined commercial, the contracting officer can use the previous Commercial Item Determination.

CLIN 0002, NSN 4910-01-626-1154 was researched on-line using a Google parts search and were found to be available. The contracting officer has made the determination that this item will be procured as commercial on this procurement.

CLIN 0003, NSN 2530-01-626-3326 was researched on-line using a Google parts search and were found to be available. CLIN 0003 consist of multiple part numbers that are identified as Insert, Screw Threads; Bushing, Sleeve; Bolt, Internal Rel; Bolt, Fluid Passage; Bolt, Machine and Seal, Plain. These items are commercial type items and the contracting officer has made the determination that this item will be procured as commercial on this procurement.

These items (kits of several parts) are for a SEMITRAILER,TANK TRANSPORTER, which have PROPRIETARY CHARACTERISTICS from the sole source vendor. I came to determine these 2 items are “commercial of a type” which are items that with modifications that can be the same items as the military ones.

These items can be considered commercial of a type for this procurement and procured IAW FAR Part 12 Commercial per Jeffrey Schmidt, Quality Assurance Specialist.

Based on DLAD 12.102 (S-97) (vi), when acquisition personnel have previously determined that an item or service meets the commercial item definition, buying activities should consider this a potential indicator of commerciality.

The contracting officer has reviewed all supporting documentation and made the determination that the NSNs on this solicitation are commercial and will be solicited under FAR Part 12

9. Additional facts supporting other than full and open competition are:

[ X ] Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: Science Applications International Corp (79343). See Attachment #3 for procurement history for these items

11. The following actions are being taken to identify additional sources:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ X ] Other: Synopsizing on beta.SAM.gov

The previous purchase order for each NSN was reviewed. There are no records in Records Management of a previous J&A for any of the NSNs as the previous awards were simplified acquisitions.

Attachments:

1. Tech Cert

2. Market research

3. Procurement History

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

Contracting Officer Date

12/1/21

SAYLOR.MEGAN.M.1

364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2021.12.01 12:20:03 -05'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X ] Up to $750,000 Contracting Officer

[ X] $750,000 to $15,000,000 Competition Advocate

12/10/21

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.12.10 08:40:31 -05'00'