4.1_-_J A-Final_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L316R0087

9/19/2016

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

[X] 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/services on other than a full and open competition basis.

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

Nomenclature NSN AMSC End Item/ Weapon System

FENDER,VEHICULAR 2510‐015697076 3D BAE SA/GDLS CAT 2 (MRAP)

Quantity Option % Qty w/ Option

389 25% 486

Estimated Price Option % Estimated Price w/ Option

25%

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

[X] 10 U.S.C. 2304(c)(1) ‐ Available from only one or a limited number of sources.

Brief narrative supporting the situation and weapon system:

The only approved source for this item is:

DENEL VEHICLE SYSTEMS (SZ177)

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

DENEL VEHICLE SYSTEMS (SZ177) P/N R0080445

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

Technical data provided by the PR Trailer was confirmed by the Product Specialist (PS), on

5/12/16. The PR Trailer indicated that only the sources cited above have been approved to provide this part, and are the only sources that have been approved to produce this item.

The PS stated that the ESA has no pending source approval requests at this time.

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

[X] 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. AMCS 3, 4, or 5 are valid.

A review of the document availability code reveals that the drawings for this item cannot be made available to the general public. The OEM and sole source DENEL VEHICLE SYSTEMS is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data.

On 5/12/16, the Product Specialist (PS) confirmed the AMC/AMSC code of: 3D The PS also explained that the listed sources possess propriety knowledge that made them uniquely qualified to make this item.

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

[X] The acquisition will be synopsized on or about 5/30/16 [X] Dealers of the manufacturers will be solicited.

[X] Other: Sources Sought notice posted to FedBizOpps on: 4/22/16

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 the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. 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:

A Sources Sought Notice was posted on FedBizOpps, in accordance with PGI 206.302‐1, seeking to identify potential sources of supply for NSN 2510‐015697076. The Sources Sought Notice was posted on 4/22/16, with a response date of 4/29/16. No response was received by contract specialist Stephen Shaw.

As this NSN has an AMSC of “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.

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

[X] A market survey was conducted on/during 4/25/16

1. Total number of vendors contacted: One source, including past awardee’s and bidders.

2. Names of vendors contacted and responding:

General Dynamics Land Systems – Canada (56161)

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

4. Types of information requested:

Size of business

Manufacturer or dealer

Whether stock is on hand, or will need to be manufactured.

Commerciality

Estimated delivery

Whether or not item is quantity/price sensitive

Summary of information received:

Historically, the OEM does not quote directly to the government. Furthermore, the OEM is not registered in SAM. GDLS has always quoted on their behalf, and they are interested in quoting on this requirement

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

GDLS indicated that the item is not sold commercially. No previous purchase has been determined commercial. Furthermore, an internet search was conducted and no evidence of commerciality was found.

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

[X] 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:

General Dynamics Land Systems – Canada (56161)

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

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

[X] Other: A sources sought notice was posted to FedBizOpps on 4/22/16 with a response date of 4/29/16. Solicitation will be synopsized in FedBizOpps and will be available in DIBBs.

Per PGI 206.304 (a)(1), the requirement states that “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.”

o The previous contract for 2510‐015697076 was: SPE7L316M4439. It was awarded on 4/7/2016 for a total contract value of: $147,594.66.

This purchase was made under the SAP, and therefore did not require a J&A.

Furthermore, the contract was not Synopsized; however, it was posted for solicitation.

o This item has been purchased 5 times, each time, the order was done under Simplified Acquisition Procedures; therefore, no previous J&A exists.

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 Phone Date

Eric Snow ___________________________ Typed name of Contracting Officer

APPROVAL REQUIREMENTS

[X] 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)

614-692-9167 5/27/2016