J A_55150471-_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 0055150471; SOLICITATION SPE7L315R0003

October 29, 2014

ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies for the military. It will be solicited on an other than a full and open competition basis, in accordance with 10 U.S.C. 2304(c)(1). Market research and technical data indicate that this item has two approved sources: Navistar Defense (338X5), and BAE Systems Land & Armaments (44114).

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

This solicitation is for 102 each of NSN 2541-01-608-3054, “Armor, Transparent, Vehicular Window”.

This item is for a use on Mine-Resistant Ambush Protected (MRAP) and MAXXPRO vehicles. The weapon system designator codes for this item are “EGA”, “G5A”, “G7A”, and ”MRA”. The AMC/AMSC code for this item is 3C. The solicitation has an estimated total value of $

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 two approved sources are Navistar Defense (338X5), and BAE Systems Land & Armaments (44114). This item is unique to the MRAP vehicles.

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

Navistar Defense (338X5) P/N 3911597C1 BAE Systems Land & Armaments (44114) VEE00541

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.

AMSC C – This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application.

Market Survey [10 U.S.C. 2304(f)(3)(D)]: The product specialist has indicated that Navistar Defense (338X5), and BAE Systems Land & Armaments (44114) are the only sources that possesses the technical data required to manufacture this item. There appears to be no commercial market for this item.

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

This MRAP item acquisition will be synopsized and solicited via the DLA Internet Bid Board System (DIBBS) at the same time on or about 10/30/2014, and will run for 30 days. At the completion of the synopsis period.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

October 29, 2014

Alternate items will not be evaluated for this procurement, but will be referred for possible future acquisitions. For alternate offers, the supplier is required to provide a complete data package, which may take from 30 to 180 days to be evaluated. As of 10/8/14, the Integrated Data Sheet (IDS) shows that there are 49 lines of backorders, for a total of 62 units of this item, of which 21 are designated Non Mission Capable Status (NMCS), 29 are Issue Priority Group (IPG), and 33 are IPG 2. The IDS indicates that the Stock On Hand for this item is 0. There are currently six contracts for 238 due in for this NSN.

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

Certified cost or pricing data is not expected to be required for this procurement. Substantial contract history exists. PPI Price analysis will be performed. Buyer anticipates price to be determined fair and reasonable based on these techniques.

8. Market Research/Efforts to Obtain Competition:

A market survey for NSN 2541-01-608-3054 was conducted October 2014.

Total number of vendors contacted: Two.

Names of vendors contacted and responding: Navistar Defense (CAGE 338X5) & BAE Systems Land & Armaments (44114).

Techniques used to conduct survey: The market survey was conducted by e-mail.

Types of information requested:

o Size of business o Manufacturer or dealer o Whether stock is on hand, or will need to be manufactured.

o Commerciality o Estimated delivery o Whether or not item is quantity/price sensitive

Summary of information received:

o Navistar Defense (CAGE 338X5) & BAE Systems Land & Armaments (44114) are both large business manufacturers. They have indicated Both also indicated that the item is not commercial, and . BAE Systems Land & Armaments (44114) Both companies indicated their intention to submit an offer for this material. History shows all previous awards going to Navistar Defense or its vendors; BAE Systems has submitted previous offers on multiple solicitations in the past year, including on the most recent award SPE7L315M0615 as well as SPE7L314V6181.

Neither source has indicated that this item is commercial. As this item does not meet the definition of a commercial item, per FAR 2.101, it is determined to be non-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.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

October 29, 2014

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

Navistar Defense (CAGE 338X5) BAE Systems Land & Armaments (44114)

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items (52.217-9002).

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 $650,000, this signature serves as the approval.

Contracting Officer Phone Date

Philip MacLean Typed name of Contracting Officer

Competition Advocate Phone Date

APPROVAL REQUIREMENTS

[ X ] Up to $650,000 Contracting Officer

[ ] $650,000 to $12,500,000 Competition Advocate

[ ] $12,500,000 to $85,500,000 Head of Contracting Activity (HCA)

[ ] over $85,500,000 Senior Procurement Executive (AQ)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

Digitally signed by

MACLEAN.PHILIP.NEIL.1073076206

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=MACLEAN.PHILIP.NEIL.1073076206 Date: 2015.02.13 08:58:44 -05'00'