SPE7L419R0003_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-19-R-0003

[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 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 EST. VALUE AMSC

Flywheel, Engine 2815-01-148-3771 3,810 Each P

Identify end item, weapon system, or class of item:

MISSILE, PATRIOT

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTIONS): N / A

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

(X) 10 U.S.C. 2304(c) (l) - Available from only one or a limited number of sources.

If restricted to the only source(s) of supply, include source(s) and Cage Code:

AM General LLC (34623) P/N: 5740037 General Motors LLC (7X677) P/N: 14077157

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

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

The use of the authority cited is based on:

AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Per telecom with Product Specialist on 04 October 2018, AMC/AMSC code 1P is correct. The Government has the data, but does not own the rights to the data. Per Product Specialist, AM General (34623) and General Motors (7X677) are the only approved sources for this NSN because at this time they are the only sources that have the rights to the data and have been approved by the ESA to make/procure this item. The ESA is the authority to whom has to approve or deny any valid sources. The Government does not own the rights to the technical data for this item.

5. 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. At the completion of the synopsis period, the PR will be solicited on the internet for 30 days, via the DLA Internet Bid Board System

(DIBBS).

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ X ] Other. A sources sought notice was posted on FedBizOps on 05 October 2018, with a response date of 12 October 2018. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: Past procurement history will be reviewed and a PPI analysis will be performed. Based upon contract history, and buyer analysis of that data, it is anticipated that the award will be determined fair and reasonable. Solicitation is for a firm fixed price contract. Past order was determined fair and reasonable based on competition among manufacturers/dealers (BB). Other than cost and pricing data will be obtained if necessary. Based on review of past history, the Contracting Officer anticipates the cost to the Government will be fair and reasonable.

7. Market Survey Questionnaire was sent to AM General (34623), Brighton Cromwell (3NNX8), and General Motors (7X677) via e-mail 05 October 2018. One response was received from Brighton Cromwell as shown below:

Brighton Cromwell (3NNX8):

• Quoting as SB Dealer

• Quoting AM General LLC (34623) as actual manufacturer

• Deals directly with the Government

• States item is commercial, Sources Sought notification was posted on FedBizOps on 05 October 2018, with a response date of 12 October 2018. No responses were received.

The Contracting Officer has reviewed previous acquisitions to determine ALT, PLT, set-aside concerns, and commerciality. Previous acquisitions have been solicited under FAR Part 15.

Previous acquisitions have been solicited Unrestricted under FAR Part 15 ALT is 75 days MM03 Data 1 shows PLT of record is 101 days. Market Survey response

Contracting Officer has reviewed past acquisitions. Based on Market Research, taking into consideration quantity variance, the required delivery will be 3,810 each in 300 days.

The Contracting Officer reviewed this NSN and has determined this item is not a commercial item;

therefore, FAR Part 12 procedure will not be utilized. This item will be solicited under FAR Part 15. The following factors have led to this conclusion:

• Review of Material Master indicates that this item is a Code/PN item supplied by the following approved sources:

AM General (34623) General Motors (7X677)

• Review of the Internet does not show evidence that this item is available on the commercial market.

• Response to Market Survey from Brighton Cromwell, states this is a Commercial Off the Shelf item, but did not respond to request for commercial invoices/documentation.

• Brighton Cromwell states item is not catalog/price listed.

• Contracting Officer has reviewed past acquisitions. Past procurements have been solicited as non-commercial.

• Per FAR 12.205, a review of the item population shows that for the items being procured under this initiative, there is not generally product literature available in the industry to determine its adequacy for purposes of evaluation.

• Based on the aforementioned information the Contracting Officer has determined that this item is not a commercial itemAdditional facts supporting other than full and open competition are:

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

Based upon the technical certification on file in DLA Land and Maritime- the Government has the data, but does not own the rights to the data.. AM General (34623) and General Motors (7X677) are the only approved sources for this NSN because at this time they are the only sources that have the rights to the data and have been approved by the ESA to make/procure this item. The ESA is the authority to whom has to approve or deny any valid sources. The Government does not own the rights to the technical data for this item. The data presently available reflects the minimum needs of the Government.

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

Brighton Cromwell

10. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. Previous procurements has been solicited under Simplified Acquisition Threshold. No previous J&A exists for this NSN.

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

• The solicitation contains the DLA Land and Maritime Procurement Notes L04, Offers for Part Numbered

Items, and M06, Evaluation of Offers for Part Numbered Items.

• Requirement will be synopsized for 15 days and posted to DIBBS for a period of 30 days.

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.

__ __ ____10/10/2018_________________________

Georgia Shirey Date Contracting Officer

[ X ] Up to $700,000 Contracting Officer