Sharkcage - J A_Redacted.pdf

Controlled Unclassified Information (CUI)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR TACTICAL LOCKER

1. Defense Logistics Agency (DLA) Troop Support, Construction and Equipment Supply

Chain, is the contracting activity.

2. The action being approved is the ability to solicit for DLA requirements on an Other than

Full and Open Competition basis.

3. The supplies required to meet DLA’s needs are as follows:

Item Description: Tactical Locker, Medium (size)

National Stock Number (NSN): 8145-01-512-0901

Manufacturer/Supplier Part Number: Sharkcage, Inc. (Cage 54TC1)

Part Number: 160634B

Option Years: N/A

Quantity: each

Unit price:

Estimated Dollar Total Value:

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

41 U.S.C. 1901, as implemented by FAR Part 13.501(a) (1) (ii) – Only one responsible source and no other supplies or services will satisfy agency requirements.

5. The use of this authority is necessary because only Sharkcage, Inc., can meet the

Government’s minimum requirements at this time.

customer requisition is for the above part-numbered item, made to the specifications of Sharkcage. The Government does not possess the data and data rights for these items and currently has no means of procuring these items competitively. This equipment is required by the for additional storage of items from the weather elements for t. The Tactical Basket XL provides capability to configure material within various shipping containers (20’ containers and BI-

CONs, etc). The Tactical Basket XL is essential to the mission success to expedite the movement of bulk items expeditiously. These Tactical Basket XL are specifically configured to . The must standardize the packaging of capabilities modules to support promulgation of critical Type Unit Characteristics (TUCHA) Data (i.e., weight, cube, dimensional data) data

2 | P a g e supports the . The Tactical Basket XL has a lift up lid as well as a drop-down front grate that allows the ability to forklift supplies for use in the application.

packs supplies inside the Tactical Basket XL to prepare for . Once activated for these Tactical Basket XL are packed inside shipping containers or and sent downrange to . The Tactical Basket XL are either stack for storage or deployment via ground, sea, or air transportation.

The Sharkcage Tactical Basket XL offers a frame that will not easily bend or break. This item from Sharkcage meets the regulatory guidance set forth in TM 10-1670-23 and

AR 190-51. Currently there are Sharkcage Tactical Basket XL in stock at the Battalion locations. The must use the same Tactical Basket XL that is currently in stock and are serviceable to their . Low inventory would result in

. In addition, to avoid injury within the warehouses, and in compliance with the regulatory guidance, they are required not to to .

The item is part numbered to Sharkcage, Inc., and the Government does not possess complete, unrestricted technical data appropriate to permit full and open competition. The technical data for this acquisition is proprietary and patented to Sharkcage, Inc.

The required container is determined commercial. The majority of this item’s components are commercially available. The features include the following: aluminum or extra high strength steel, products have corrosion resistance, products support self-centering stacking; products shall have a space utilization of 95%.

The market research from the container division of Construction & Equipment of DLA Troop

Support revealed that even though there are other Tactical Basket, XL cages in the commercial market, none of them can be determined to have the necessary aforementioned form, and function as Sharkcage, Inc.

6. A description of efforts made to ensure that offers are solicited from as many sources as is practical, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies, follow:

The solicitation will be posted to the DLA Bid Board System (DIBBS) and synopsized in

Contract Opportunities SAM.gov in accordance with FAR 5.2. In addition, this justification will be posted with the solicitation in accordance with FAR 5.102 (a) (6) and

FAR 13.501 (a)(1)(iv).

7. As the Contracting Officer, I anticipate that the procurement cost will be fair and reasonable based on one or a combination of the following techniques:

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• FAR 15.404-1 (b) (2) (ii) Comparison of the proposed prices to historical prices, paid, whether by the Government or other than the Government, for the same or similar items.

• FAR 15.404-1 (b) (2) (vii) Comparison of proposed prices with prices obtained throughout market research for the same or similar items.

• FAR 15.404-1 (c) cost analysis. (An examination of other than cost or pricing data, such as informal cost breakdown).

8. A Sources Sought Notice (SSN) was posted on BETA.SAM.gov on August 18, 2023, for a period of fifteen (15) days with no inquiries received.

9. There are no other facts supporting the use of this authority.

10. have expressed interest in the proposed acquisition.

11. Actions taken to removed or overcome barriers to competition before any subsequent acquisition include:

The Contracting Office will continue to monitor for responses to the acquisition synopsis and sources sought notice. The DLA procurement notes L04 Offers for Part Numbered Items

(SEP 2016) and M06 Evaluation of Offers for Part Numbered Items (SEP 2016) will be included in the solicitation and alternate offers will be considered.

12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Date AVRIL E. DICKERSON

Contracting Officer

I hereby certify that the requirements which form the basis of this justification are accurate, that these supplies meet Government needs in accordance with applicable specifications and that this justification is accurate and complete to the best of my knowledge and belief.

Date

I have reviewed this justification and recommend approval.