REDACTED_JA_SPE7LX-20-R-0060.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-20-R-0060

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

[X] 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 on other than full and open competition basis.

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

CLIN

NSN Item Name AMC/

AMSC QCC ADQ ADV Contract Minimum

Contract Maximum

0001 2540014794602 SEAT,VEHICULAR 1/R DAA 239

0002 2540015295660 COVER,SEAT,

VEHICULAR 1/P CAA 1832

Identify end item, weapon system, or class of item: CLIN 0001 – WSDC 50M – 7-Ton Armored Dump Truck;

CLIN 0002 – WSDC 39A – Patriot Missile System

Total Contract Maximum:

Total Contract Minimum:

Total Contract Annual Demand Value:

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.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

CLIN

NSN Approved Sources

0001 2540014794602 Seats, Inc. (09704) Oshkosh Defense, LLC (75Q65)

0002 2540015295660 BAE Systems Land and Armaments (076M6)

Seats, Inc. (09704) BAE Systems Tactical Vehicle (0FW39)

The above listed sources are the only sources with the rights or the data to manufacture these items.

EBS Material Master data and an AMPL data pull were researched to determine all approved sources and part numbers. The only known and approved sources are listed above. The data rights needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase the data. Adequate data for the evaluation of an alternate offer is not available at the procurement agency. If any offeror provides an alternate bid, the offeror must provide a complete data package, including data for the approved and alternate part, for evaluation.

6. The use of the authority cited is based on the AMC/AMSC for each NSN:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

[X] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

In accordance with FAR 6.303-2(c) supporting data that is the responsibility of technical personnel has been certified as complete and accurate by the technical personnel. The above AMC/AMSC codes have been approved with the Product Specialist as complete and accurate as of October 29, 2019.

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

[X] The acquisition was synopsized on January 21, 2020.

[X] The acquisition will be solicited on DIBBs for a minimum of 30 days.

[X] A Sources Sought was posted to beta.SAM.gov from January 13, 2020 through January 21, 2020. No responses were received.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Cost and pricing data is not required as these items are below the Certified Cost and Pricing Threshold.

9. Market Research/Efforts to Obtain Competition:

A sources sought was posted on January 13, 2020, no responses were received. Market research results were provided along with the project package in June 2019 by the Sourcing Strategy Branch. Based on past participation of each NSN, eight (8) sources were contacted: Kampi Components, Inc. (7Z016), Oshkosh Defense, LLC (75Q65), Longhorn Regional Service Center/Kyrish (4GK47), DION International Trucks, LLC (75059), Pioneer Industries, Inc. (66200), Badger Truck Center, Inc. (06YZ5), BAE Systems Tactical Vehicles (0FW39), and Seats, Inc. (09704). Only three companies provided an initial reply.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers and the approved sources. A sources sought was also publicly posted, but did not yield any responses.

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, commerciality. Long Term Contract related questions asked include: whether the company is interested in an LTC, if a three-year base period with two one year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data.

Other questions asked include: whether it would be beneficial to combine NSNs, whether the product is commercial, whether prices were published, whether prices would be included for transportation charges if the item requires FOB Destination, and whether the government would see any savings. Delivery questions were asked regarding phased delivery, and maximum quantity.

Summary of Markey Survey Information Received:

Kampi Components, Inc. (7Z016) is a small business dealer of small business manufacturer Seats, Inc. (09704).

They responded to the market survey stating interest in pursuing this two-NSN LTC project. They also stated the items were not commercial.

Longhorn Regional Service Center/Kyrish (4GK47) is also interested in this LTC project. They too are a small business dealer planning to offer parts manufactured by Seats, Inc. (09704). They stated the parts are commercial, but did not provide supporting documentation to assist in any commercial determinations.

BAE Systems Tactical Vehicles also replied, but indicated that they would not be bidding on either of these NSNs for a long-term contracting effort.

Information received regarding the commerciality of the item(s): Data for these items is not owned by the Government and as such, accurate item-by-item comparisons were not available. Therefore, the contracting officer had to rely upon the information obtained in the market survey and KO research. The market surveys yielded only one response indicating the items were commercial (from Longhorn Regional Service Center/Kyrish (4GK47)), but that vendor did not provide any invoices or documentation supporting that position. Furthermore, the Buyer performed a Google search and reviewed the COTS field in the Material Master of SAP. These items were found to not be Commercial Off-The Shelf (COTS) and the internet search yielded nothing commercially available other than Government surplus dealers. Finally, according to the WSDCs in the Material Masters in SAP, CLIN 0001 is mainly used within the Army and Navy on 7-ton Armored Dump Truck and CLIN 0002 is used by the Army and Navy in support of the Patriot Missile System, both specialized military systems.

10. 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.

11. A listing of sources, if any, indicating an interest in the acquisition is: Kampi Components, Inc. (7Z016) and Longhorn Regional Service Center/Kyrish (4GK47).

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

[X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items and DLA Procurement Note L04 Offers for Part Numbered Items.

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 Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

Attachment:

Attachment 1 – Prior J&A for NSN 2540015295660 (SPE7MX16D0020). Prior J&A for NSN 2540014794602 unavailable because last IQC award (SPE7M116D0005) was issued as an “ordering authority” instrument against a USM long-term agreement.

TONEY.CAROLYN.

MARIE.1400916922

Digitally signed by

TONEY.CAROLYN.MARIE.14009

16922 Date: 2020.02.04 13:19:23 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.02.04 16:20:54 -05'00'