Redacted Signed-SPE7L123R0024.pdf

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI

open competition. Other AMSCs such as K, M, N, Q, and S may imply limited competition when two or more independent sources exist yet the technical data package is inadequate for full and open competition.) AMCs 1 or 2 are valid.

The supplies are urgently required to maintain the production of M1 Abrams Tanks in FY23 and the using Service military capability will be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and not delay award of the contract. The negative impact if not procured in a time manner can be described as follows:

Prevent successful deployment of M1 Abrams and Supporting Vehicles (JAB/ABV) to NATO and other allies operating in the EUCOM AOR.

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

A synopsis exception cited in FAR 5.202(a)(2) applies as follows:

Urgency - The proposed contract action is made under the conditions described in FAR 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

The solicitation will be published for 7 days and will be sent to BAE Systems Land & Armaments (05386).

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition (10 USC 3204(e)(2)(D):

A market survey was not conducted due to the unusual and compelling urgency of the requirement.

Procurement History:

A note regarding the 3 parallel PRs for this NSN. Immediate requirements for the NIIN 013458882 supporting Anniston Army Depot (ANAD) were spread out across 2 PRs initially, with a 3rd added shortly after. The original 2 PRs were both solicited from the two current First Article Test Waived sources: PR 7001373386 for 450 EA was sent only to GLDS (CAGE 7W356) and PR 7001567455 for 300 EA was sent only to BAE (CAGE 05386). Note, the 300 EA solicited from BAE matched the quantity that they could supply in a very short lead time because they had raw material on hand suitable for Rev B of the technical data package. TACOM ESA approved down rev to B for only the purchase of these 300 EA. After RFPs to GDLS and BAE were sent, new requirements at ANAD emerged and a gap of 710 EA was identified for the months from SEP 2023 to SEP 2024. Consequently, a third PR 7001761428 was created, and the RFP directed to BAE as their manufacturing processes continue to be the only that can meet ANAD production timeline.

9. Commercial determination:

For the reasons stated below, the NSN covered by this initiative will be Non-Commercial based on the definition of a commercial item located at FAR 2.101 and will be procured under FAR Part 15. The following non-Commerciality determinations have been made. COTS field in the MM03 query in SAP does not indicate these are commercial Items.

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI

Review of the Material Master database indicated that this NSN has limited sources. Review of the OEM’s website neither shows evidence that this item is available on the commercial market nor is it of a type customarily used by the general public or non-governmental entities for purposes other than government or military purposes as defined in FAR 2.101. Market research via internet resources for commercial sale offerings yielded no results to show that this item has been offered for sale, lease or license to the general public as defined in FAR 2.101, “Commercial Product.”

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

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:

BAE Systems Land & Armaments (05386).

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

This item is being solicited only from BAE Systems Land & Armaments (05386).

13. Previous Justification for Other than Full and Open Competition IS attached:

See Attachment for the most recent unredacted J&A.

ATTACHMENT(S):

Previous J&A: Solicitation SPE7L123R0023.

APPROVAL/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 $750,000, this signature serves as the approval.

Carlos Oquendo – CONTRACTING OFFICER

I have reviewed and approved this justification:

Mary Shearer – COMPETITION ADVOCATE

APPROVAL REQUIREMENTS

$750,000 to $15,000,000 Competition Advocate

OQUENDO.CARLO

S.CESAR.1281967

Digitally signed by

OQUENDO.CARLOS.CESAR.128

1967408 Date: 2023.04.03 14:26:58 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.04.04 07:09:59 -04'00'