Redacted J&A_19R0012.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-19-R-0012

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0012 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies for an Armor, Supplemental for the following National Stock Number (NSN) 2540-20-006-2270 for part number AC86690-06. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized since after market research (FAR 10) was conducted and the Marine Corp. technical data that was presented indicates the NSN is sourced to Armatec Survivability Corp.

(L0782). Armatec Survivability Corp. is the only known provider of this item to meet the services’ needs. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors.

3. The supplies required to meet the using activity's needs are described as follows:

Contract Line Item Number

(CLIN) Item Name National Stock Number (NSN)

Quantity & Unit of Issue

Estimated Total Value

Acquisition Method Suffix Code

(AMSC)

0001 Armor, Supplemental 2540-20-006-2270 20, EA $ D

This supplemental armor is used on the Light Armored Vehicle (LAV-25) to protect the crew from various events produced in an IED (Improvised Explosive Device) or a mine blast event. Additionally, this item is made of lightweight composite and ceramic system that provides scalable mine protection from level 1 up to level 4. Other primary role for this item is to prevent hull rupture, limit deformation of the full structure of the vehicle, and provide ballistic, fragmentation protection and spall protection.

The LAV-25 is an eight-wheeled amphibious reconnaissance vehicle used by the United States Marine Corps. The LAV was built by General Dynamics Land Systems Canada and is based on the Swiss MOWAG Piranha I 8x8 family of armored fighting vehicles.

The following illustration is a photograph of the End Item, the Light Armored Vehicle (LAV).

LAV-25A (End Item)

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): E0942 – Light Armored Vehicles.

Procurement History

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0012 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

Previous J&A is unavailable for this NSN, prior acquisition was under SAT.

4. The statutory authority permitting other than full and open competition is:

(X) 10 U.S.C. 2304(c) (1) - Available from only one or a limited number of sources.

Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Armatec Survivability Corp.

The technical certificate from SYSCOM is attached to this document. Armatec Survivability Corp. is the only company known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSN is sole source to Armatec Survivability Corp. (L0782) per DLR tech data from Albany, GA. Armatec Survivability Corp. is the only manufacture with technical data to manufacture this item. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors. The product specialist reviewed/verified that the AMC/AMSC coding and approved source information was accurate on August 6, 2019.

The use of the authority cited is based on:

(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.

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

(X) The acquisition was synopsized on August 19, 2019.

(X) The solicitation will be posted to DIBBS for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

The current requirement is sole source to Armatec Survivability Corp. The solicitation will be solicited for 30 days.

The requirement is for a quantity of (20) EA for NSN 2540-20-006-2270 for part number AC86690-06 for a total estimate of $). Certified Cost and Pricing data will not be required because the estimated value threshold does not exceeds $2,000,000.00 per DLAD 15.402-90. Also, per DFARS 215.403-1(4)(c) states, “DoD has waived the requirement for submission of certified cost or pricing data for the Canadian Commercial Corporation and its subcontractors. The Government will seek to request an informal cost breakdown from Armatec Survivability Corp.

for this item to assist in deeming prices fair and reasonable. In addition, Public Works and Government Services Canada (PWGSC) will perform an audit and then an endorsement to certify that the prices submitted by Canadian Commercial Corporation. are fair and reasonable.”

8. Market Research/Efforts to Obtain Competition:

Company Contract# National Stock Number (NSN) Date

Quantity & Unit of Issue Unit Price

Price Reasonableness

Code Armatec Survivability

Corp. (L0782) SPRAL119P0036 2540-20-006-2270 4/30/19 5 EA $29,011.11 BI Canadian Commercial Corporation (98247) SPRAL113C0054 2540-20-006-2270 7/16/13 10 EA $27,106.75 BI

Armatec Survivability Corp. (L0782) SPRAL113M0016 2540-20-006-2270 12/11/12 2 EA $36,917.87 BI

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0012 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

A sources sought was conducted on FedBizOpps from August 7, 2019 through August 16, 2019. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Armatec Survivability Corp. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”. In addition, there was no information available from Google, Amazon, GSA or EBay to support commerciality.

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

A market survey was conducted on/during: market surveys were submitted two ways. The first way was via the source sought (August 7, 2019 through August 16, 2019) which included the market survey as an attachment and allowed for non-approved sources to submit a Source Approval Request (SAR). The second way market research was conducted via the market survey that was submitted to Armatec Survivability Corp. (L0782): August 7, 2019 through August 16, 2019.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Armatec Survivability Corp.

Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

Source sought:

A sources sought was posted in FedBizOpps on August 7, 2019 with a response day of August 16, 2019. The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN in order to promote competition. Sources that are not approved for this NSN were required to submit a (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN. LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN. While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted.

As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: A market survey was sent to Armatec Survivability Corp. via email in order to tailor our current acquisition situation under the following NSN – 2540-20-006-2270. Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses for vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Armatec Survivability Corp. is sole source for this NSN.

Armatec Survivability Corp.

This procurement is a code and part number AC86690-06 buy to Armatec Survivability Corp. Armatec Survivability Corp. is a large business per their SAM registration and completed market survey. Armatec Survivability Corp.

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0012 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

. Armatec Survivability Corp. stated the item is not commercial. Most of the provisions selected by contractor were: “Yes” or “No” answers. P/N and estimated unit price were confirmed with (POC) at Armatec Survivability Corp. Canadian Commercial Corporation will provide a proposal within 30 days and PWGSC will provide a written endorsement ensuring prices are fair and reasonable. .

Information received regarding the commerciality of the item(s): Armatec Survivability Corp. stated the item is not commercial in their completed market survey, they did not provide a catalog list price or unredacted sales invoices or evidence that supports this item is available to the commercial market. In addition, there was no information available from Google, Amazon, or EBay to support commerciality. The item is being deemed non-commercial and therefore FAR 15 procedures will be utilized.

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

(X) Based upon the technical certification on file via the technical certification from SYSCOM 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: (If none, so state) Armatec Survivability Corp. (L0782)

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains the DLAD Procurement Note L04, Offers for Part Numbered Items.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corp. does not intend to procure the technical data necessary to foster competition.

A source sought was posted in FedBizOpps for 10 calendar days without receiving any responses for vendors submitting either SAR or market survey information for this requirement.

Attachment:

1. DLR Technical Certification.

2. PR Trailer

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

Contracting Officer Phone Date

Julie M. Miller Typed name of Contracting Officer

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

614 692 4841 04 Sep 19