SPE7L020R0009 J and A Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-20-R-0009

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 Indefinite Quantity Contract (IQC) on other than a full and open competition basis. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM UNIT ADQ UNIT

PRICE ADV AMSC

2540-01-490-4423 Cover, Seat, Vehicular EA 808 D

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5YEAR) VALUE (BASE + 2 ONE YEAR OPTION)

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: Family of Medium and Light Tactical Vehicle.

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1)

- Available from only one or a limited number of sources.

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as complete and accurate by the Land Product Specialist on 9/16/19 during the technical review of the NSN for placement on this long term contract initiative.

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

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. AMSC 3, 4 or 5 are valid.

5. The source listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on 9/16/19, during the technical review this are currently the only sources approved to manufacture the item. The listed source is the only source that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

Sources:

NSN Description Approved

CAGE

Company Name Approved Part Number

2540-01-490-4423 Cover, Seat, Vehicular

(9J595)

Weckworth Manufactruing, Inc. WL-18L14

2540-01-490-4423 Cover, Seat, Vehicular

(27797) The Wise Company WM1288

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

A Sources Sought Notice was posted to www.fbo.gov on September 4, 2019.

The acquisition will be synopsized in Federal Business Opportunities at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS.

Dealers of the approved manufacturing sources will be solicited.

Manufacturers of similar products identified in the market research will be solicited.

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’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research in accordance with FAR Subpart 12.1 was conducted to determine the commerciality of this item. DLA Land and Maritime’s Product Specialist indicated this was a commercial item per The Wise Company. Buyer contacted The Wise Company and on 10/22/19 the confirmed that the item is not commercial. The item is only available from one approved sources as identified above. Searches on the internet yielded no useful information on the P/N or pricing information.

A Sources Sought Notice was posted to www.fbo.gov on September 3, 2019 for this specific item. The posting remained open until September 9, 2019. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. Potential sources would be added to the solicitation mailing list. No response was received from the notice.

Market Questionnaires and Surveys were sent out on September 4, 2019 o Techniques used to conduct survey: E-mailed correspondence and spreadsheet.

o Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity.

o Total number of vendors contacted: 4 o Names of Vendors Contacted:

• 1) Weckworth Manufacturing Inc. (9J595) - Small Business OEM

• 2) Howco Distributing Co (5E074) - Small Business Dealer

• 3) SIT Corp (1MQB3) - Small Business Dealer

• 4) The Wise Company – (27797) Small Business OEM o Name of vendor and summary of information Received:

1) Wechworth (9J595) - Small Business OEM Wechworth stated they are interested in providing a proposal hey state that the item is not commercial.

2) Howco Distributing Co. (5E074) - Small Business Dealer Howco stated they are interested in providing a proposal hey state that this is not a commercial item. .

3) SIT Corp (MQB3) - Small Business Dealer.

Did not respond to survey request

4) The Wise Company (27797) Small Business OEM.

The Wise Company quotes through dealers and not directly to the Government.

Buyer researched SAP, the Material Master, MM03, IDS and coordinated with the Product Specialist.

Information received regarding the commerciality of the item(s):

o The item in this solicitation have been determined to be non-commercial. No catalog price is available and no un-redacted commercial invoice could be provided. The buyer did an online search for the NSN. There is no indication, through the OEM’s website, GSA Advantage website or others that the item is sold commercially. The EBS system under MM03 showed item as not commercial. The highest priority weapon system for these items to be used on the Family of Medium & Light Tactical Vehicles (FMTV).

9. 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.

During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews.

10. A listing of sources indicating an interest in the acquisition is:

Weckworth Manufacturing, Inc. (9J595) Howco Distributing Co. (5E074)

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 30 days.

The solicitation will contain DLAD Procurement Note: L04-Offers for Part Numbered

Items.

The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for

Part Numbered Items.

12. Records Management found J&A on SPE7MX-15-R-0024 with 3 NSNs with one being 2540- 01-490-4423. (See attachment 1)

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 Date

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

Competition Advocate Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

( ) $700,000 to $13,500,000 Competition Advocate

Attachments:

1. Prior J&A SPE7MX-15-R-0024

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2019.11.15 10:02:44 -05'00'