J&A6.302-1cSPE7L219R0008.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L219R0008

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 a full and open competition basis.

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

BRIEF DESCRIPTION NSN QTY EST. VALUE AMC /

AMSC

FIFTH WHEEL ASSEMBLY 2510-01-678-3173 134 3/B

End item, weapon system, or class of item:

(RYM) SEMI-TRAILER, 5000 GAL, REFUELER, 4X4, M970

ESTIMATED BASE VALUE (BASE QTY: 134):

ESTIMATED TOTAL VALUE (BASE QTY + 100% OPTION QTY: 134):

MAXIMUM CONTRACT VALUE:

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.

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

Heil Trailer International, LLC (1R5C8)

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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

The use of the authority cited is based on:

AMSC B: This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

Product Specialist, , confirmed the following on 08/05/2019:

This item is an AMC/AMSC of 3/B. The approved source(s) are the only source(s) capable of making this item.

The Government DOES NOT HAVE the drawings; the approved source(s) are the only source(s) known to possess the required drawings. The drawing type is a source controlled drawing and the Engineering Support Activity (ESA) has only approved the contractors listed on the drawing and no other contractor can make this item. A contractor can submit a Source Approval Request (SAR) package to be added to the drawing as an approved source, but this item cannot go out under full and open competition at this time. There ARE NOT currently 339’s out to the ESA. This item supports the SEMI-TRAILER, 5000 GAL, REFUELER, 4X4, M970, WSEC-1, IS critical, and IS NOT a critical safety item.

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

The acquisition will be synopsized for 15 days prior to the solicitation opening. At the completion of the synopsis period, the Purchase Request (PR) will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

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:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Procurement history:

This item was recently procured for the first time on 07/05/2019 and was awarded by the automated system to a small business dealer offering the product of the sole approved source manufacturer. A total of two quotes from small business dealers were received, but there are no other known sources of supply and this procurement does not meet the criteria to be set-aside for small businesses.

A sources sought notice was posted on FedBizOpps from 07/24/2019 to 07/31/2019. No responses were received.

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

A market survey was conducted on: 07/24/2019

Techniques used to conduct survey: FedBizOpps.gov and e-mail correspondence

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

Total number of vendors contacted: 3

Names of unresponsive vendors:

Heil Trailer International, LLC (1R5C8) TNL Sales, LLC (1XLG2)

Names of vendors and summary of information from responses:

Pioneer Industries, Inc. (66200) SMALL – Dealer

Item IS NOT commercial

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.

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

Pioneer Industries, Inc. (66200)

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

Other: Market surveys and sources sought notice posted on FedBizOpps.gov

The solicitation contains the DLAD Procurement Note for Source Controlled Items thereby not allowing for alternate offers.

L22 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE CONTROLLED ITEMS (SEP 2017)

(1) The manufacturers listed on the source control drawing applicable to the item in the procurement item description (PID) are the only approved sources. The item can be acquired from other suppliers, with adequate supply chain traceability documentation to demonstrate the item was produced by one of the approved manufacturers.

(2) DLA will not evaluate alternate offers for this item. Offerors who are interested in qualifying their product for purposes of future acquisitions must contact the design control activity specified on the source control drawing.

(3) Award of this solicitation will not be held pending qualification and approval of any product. If an offeror’s product was recently approved but has not been added to the list of approved sources specified on the source control drawing, the offeror must submit a copy of the design control activity's letter of approval with its offer.

12. Previous Justification for Other than Full and Open Competition IS NOT attached:

This is the first time subject NSN is being solicited as an RFP, therefore no previous J&A is available.

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

Monica Whiting – CONTRACTING OFFICER

APPROVAL REQUIREMENTS

Up to $700,000 Contracting Officer

$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)

WHITING.MONICA.L.1378381815 Digitally signed by WHITING.MONICA.L.1378381815 Date: 2019.08.16 08:19:19 -04'00'