SPE7L321R0012 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L3-21-R-0012

DLA Land & Maritime Justification for Other Than Full & Open Competition

(AUG 2016)

[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 for 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

P/N

QUANTITY TOTAL VALUE AMSC

CONTROL ASSEMBLY, TR 2520-01-677-9092 /

TCM2100AC

2524/EA C

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + 30% OPTION):

MAXIMUM CONTRACT VALUE:

This is a definite quantity contract for a quantity of 2524 EA and includes a 30% option to procure an additional 757 each maximum.

Identify end item, weapon system, or class of item: TRUCK, VEHICLE SYSTEM, 1 1/4-TON (HMMWV).

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 the only source of supply, include source and CAGE code:

Powertrain Control Solutions LLC (4WR67) PN TCM2100AC, is the only approved source.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(AUG 2016)

A review of the document availability code reveals that manufacturer Powertrain is uniquely qualified to manufacture this item. On 17 September 2020, a referral was sent to Product Specialist to certify the accuracy of AMC/AMSC and the list of approved sources. , product specialist supervisor replied on 26 October 2020, confirming that the AMC, AMSC, part number and approved source list was accurate and complete. Referral can be found in Records Management. This item is NOT designated as a critical safety item

(CSI).

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

[X] The acquisition will be synopsized for 15 days prior to the solicitation opening on the beta.Sam.gov. At the completion of the synopsis period the acquisition will be solicited on the internet for 30 days via DIIBS. Dealers of the manufacturers will be solicited.

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

This is a definite quantity contract, for a quantity of 2524 each and includes a 30% option to procure an additional 757 each maximum. As this is essentially a First Time buy the offeror(s) may be required to submit information other than certified cost and pricing data for determining price reasonableness, also comparison to similar items may be performed. Based on the above techniques, Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

There is one approved source: Powertrain Control Solutions LLC (4WR67), part number TCM2100AC.

Powertrain did not quote on the one previous solicitation, however two dealers, one large business and one small business, responded quoting the approved source. A sources sought was posted to beta.SAM.gov on 26 October 2020 and closed on 02 November 2020. No companies expressed interest in the posting. Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Previous awarded dealer did not indicate that this item was commercial on that solicitation. Item is specially made components for the TRUCK, VEHICLE SYSTEM, 1 1/4-TON (HMMWV).

The design of the truck, and the nature of its missions, demonstrate additional requirements beyond commercially available items. No similar commercial truck could be found that can survive the combat environment, and the control assembly is specially made for this truck using non-standard materials and drawings. Therefore, the Contracting Officer determines this item to be non-commercial and the solicitation shall be issued pursuant to FAR Part 15 procedures.

A firm fixed price contract will be issued. Material Master does not show this NSN as commercial. This item is manufactured for military use only.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(AUG 2016)

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Monica Whiting, Contracting Officer

Mary Shearer,- Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X ] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachments:

ATT 1 – Technical Review

WHITING.MONICA.L.

1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2020.11.05 08:52:30 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.11.10 13:58:37 -05'00'