SPE7L316R0099_-_J A_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L316R0099

SOURCE SELECTION INFORMATION-SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

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. Technical data indicates this item has four (4) approved manufacturers:

ORAN Safety Glass (4M0Z0) Oshkosh Defense, LLC (75Q65) Schott North America, Inc (6QCL5) Sierracinsylmar Corp., (71355)

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

EST.

BRIEF DESCRIPTION NSN/PN QTY UNIT PRICE AMC/AMSC

Armor, Trans., Veh. 2541-01-600-2079 350 EA 1C

Part Numbers:

ORAN Safety Glass (4M0Z0): P/N 79-102-C95000 and 79-102-C500000 Oshkosh Defense, LLC (75Q65): P/N 4038170 Schott North America (6QCL5): P/N 003267 Sierracinsylmar Corp., (71355): P/N 706680

DESTINATION: Susquehanna, PA (W25G1U)

ESTIMATED BASE VALUE

OPTION PERCENTAGE: 0%

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING ___________________

* The solicitation contains a 50% partial small business set-aside. There may be up to two different awards, each with an estimated total value of $742,644. ORAN is a small business per SAM.gov. Both Oran and Schott receive the frame from an Israeli company Plasan. Oran maintains they are completely independent from Plasan, the remaining materials are domestic, and manufacturing is performed in the United States.

Prior research has shown Oshkosh Defense does not manufacture the item but procures it from Oran.

The product specialist, Jason Conkle, has confirmed the AMC/AMSC code of 1C

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.

( ) 10 U.S.C. 2304(c)(2) - Urgency.

a. Brief narrative supporting the situation and weapon system:

( ) 10 U.S.C. 2304(c) - ___________________________________.

SOURCE SELECTION INFORMATION-SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

a. Brief narrative supporting use of the exception:

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

ORAN Safety Glass (4M0Z0) Oshkosh Defense, LLC (75Q65) Schott North America, Inc (6QCL5) Sierracinsylmar Corp., (71355)

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

(X) AMC 1. Suitable for competitive acquisition for the second or subsequent time.

(X)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. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

A review of the document availability code reveals that the drawings for this item cannot be made available to the government at this time and only Oran Safety Glass (4M0Z0), Oshkosh Defense (75Q65), Schott North America (6QCl5) and Sierracinsylmar Corp (71355) are currently authorized to access the drawings and data.

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

(X) The acquisition will be synopsized on or about July 18, 2016.

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

( ) Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (explain) ( ) Other. (Explain) _______________________________________________________

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

It is anticipated that the award will be determined fair and reasonable, based on upon buyer analysis, cost analysis if Certified Cost and Pricing Data is required, and contract history for like products. If more than one proposal is received (OEM and distributors) competition will also be used to determine the price is fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

NSN has an AMC/AMSC of 1C. The approved sources and OEM are Oran Safety Glass, Inc., 4M0Z0, Oshkosh Defense, LLC (75Q65), Schott North America, Inc (6QCL5) and Sierracinsylmar Corp (71355).

Per SAM.gov, Oran Safety Glass is a registered small business and Oshkosh, Schott and Sierracinsylmar are large businesses. A Sources Sought was published on 6/14/2016 for 5 working days. The acquisition will be

SOURCE SELECTION INFORMATION-SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

synopsized on FBO for 15 days and then solicited on DIBBS for 30 days. Alternate items will not be considered but referred for future acquisitions. A search of the internet and GSA Advantage revealed this item is not available in the market. The Sources Sought received one response from Marvin Heymann & Associates (DBA FED Design Build). The company is a marketing firm that assists companies with government construction contracts.

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

A market survey was conducted on/during 15 June 2016.

Total number of vendors contacted: 4.

Names of vendors contacted and responding: 2.

Techniques used to conduct survey: Email Types of information requested: Business size; delivery capability and estimate; commerciality; price sensitivity.

Summary of information received: Market survey sent out to the companies included four (4) different NSN’s for a total 1,400 windows. returned survey on the June 15, 2016, stating Oran

He stated the window is not commercial, Schott North America responded with their market survey on June 16, 2016.

items are not commercial and

Information received regarding the commerciality of the item(s): The item is non-commercial. Due to the specificity of the product, market survey input, search of the internet and GSA Advantage and EBS review (COTS field is blank). This item does not meet the definition of a commercial item, FAR 2.101. Based on this review, this buyer determines the item is not a commercial item.

( ) was not conducted due to the unusual and compelling urgency of the requirement.

( ) was not conducted due to: _____________________________________________.

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.

( ) As stated in the attached certification by the requiring activity, the Military Services will be seriously injured if contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

( ) When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

( ) Other ____________________________________________________________

SOURCE SELECTION INFORMATION-SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Oran Safety Glass, Inc (4M0Z0) and Schott North America, Inc. (6QCL5).

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

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering ( ) Other _________________________________________________.

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.

2-5890 07/28/2016 Sunshine S. Brubaker Phone Date Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate Phone Date Signature

HOPSON.LILLI.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2016.07.28 17:05:21 -04'00'