SPE7L419R0077_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L419R0077

Source Selection Information - See FAR 2.101 and 3.104 Page 1

[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: Shock Absorber, Bump. Weapon

System Fighting Vehicle Systems Bradley (BFVS) .

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Shock Absorber, Bump 2540-01-624-5291 2500 each C

ESTIMATED BASE VALUE

ESTIMATED BASE VALUE with no option

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.

10 U.S.C. 2304(c)(2) – unusual and compelling urgency.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Koni NA LLC (Cage 3Z816) or

General Kinetics Engineering (Cage 1C852)

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:

The following AMSC descriptions are-available in DFARS PGI 217.7506 Part 2.

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.

Item is mission critical and failure to proceed with an urgent buy of 2500 shock absorbers Routine acquisition efforts will not meet the time frames necessary to acquire and issue the items of supply (Attch 1). This Shock Absorber is a mission-critical component for the Bradley Fighting Vehicle Systems (BFVS). Not having this item in stock to support the Warfighter jeopardizes mobility and survivability of our deployed forces. The Warfighter cannot safely drive the BFVS without this part. Urgency statement received on /19 and is used on the following weapon system: 37A –

BRADLEY FIGHTING VEHICLE SYSTEMS (BFVS).

This component directly supports the operational mission requirements of the U.S. Army who are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force. This item consistently receives Non Mission Capable Supply (NMCS) requisitions with project code 9GD (SUPPORT TO ARMY, NAVY, AIR FORCE, AND MARINE FORCES FORWARD DEPLOYED

AS PART OF U.S. FORCES KOREA, USFK).

The planning Production Lead Time is grossly understated. This part is also utilized in an Engineering Change (upgrade) currently in progress in the U.S. Army. The added demand has compounded risk and urgency.

Source Selection Information - See FAR 2.101 and 3.104 Page 2

6. The product specialist, , confirmed on 8/26/19 that the AMC/AMSC is correct and that the only approved sources for this item are Koni NA LLC (3Z816) and General Kinetics Engineering (1C852). They are the only sources that have the capability to manufacture this item and the only sources that possess the technical data required to manufacture this item and the drawings are proprietary to them. The ESA has restricted the source to them. There is currently one 339 out with ESA due back in November 2019.

7. Due to urgency, synopsis is waived for this procurement and solicitation will not be posted to Dibbs. Solicitation will be sent directly to both approved sources with plans to issue multiple awards split between the two(2) approved sources. The solicitation will be open for 10 days and offers will be accepted via e mail to buyer. Solicitation will not be posted publicly to Dibbs as both approved sources for this item will be sent the solicitation directly and both stated on market surveys that they quote directly to the Government.

8. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Past procurement history will be reviewed and a PPI analysis will be performed. Based upon contract history, and information provided in the market survey, it is anticipated that the award will be determined fair and reasonable. This is a definite quantity contract with no option for a base quantity of 2500 each.

9.Market Research/Efforts to Obtain Competition:

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

Market research for this item is limited due to the specific requirements involved for the part. The product specialist has indicated that Koni NA LLC (3Z816) and General Kinetics Engineering (1C852) are the only sources that possesses the technical data required to manufacture this item. A firm fixed price contract will be issued because: The requirement is well defined, Contractor is experienced in making it, Market conditions are stable and financial risks are otherwise insignificant. Material Master does not show this NSN as commercial. This item is manufactured for military use only. Item was not found in an internet search for the part number.

A market survey was conducted in August 2019.

Total number of vendors contacted: 2 Names of vendors contacted: Koni NA LLC (3Z816) and General Kinetics Engineering (1C852) Names of vendors responding: Koni NA LLC (3Z816) and General Kinetics Engineering (1C852) Techniques used to conduct survey: The market survey was conducted by phone call and followed up with e-mail .

Results of market survey:

Koni NA LLC- Large Business- Manufacturing

Item is not commercial, very modified item for the military

General Kinetic Engineering- Large Foreign Business- Manufacturer

Item is commercial

A sources sought was not posted due to the procurement being urgent and compelling.

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

Source Selection Information - See FAR 2.101 and 3.104 Page 3

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.

11. The following actions are being taken to remove or overcome barriers to competition: The Agency will continue to review market conditions prior to any follow-on acquisition. Prospective suppliers seeking a source approval may submit a Source Approval Request package requesting evaluation of its product’s technical acceptability for future procurements.

11. A listing of sources, if any, indicating an interest in the acquisition is: Koni NA LLC (3Z816) and General Kinetics Engineering (1C852).

12. Past history was reviewed in Records Management. The last buy was in August 2019 under SAT procedures and therefore a J&A was not required.

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

Sunshine Brubaker - Contracting Officer Phone Number Date

Mary E. Shearer – Competition Advocate Phone Number Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[ X ] $700,000 up to $13,500,000 Competition Advocate

[ ] $13,500,000 up to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

ATTACHMENTS

1. Urgency Statement

BRUBAKER.SUNSHI

NE.S.1166065174

Digitally signed by

BRUBAKER.SUNSHINE.S.11660

65174 Date: 2019.09.09 11:04:49 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.12507024

Date: 2019.09.11 10:52:45 -04'00'

Source Selection Information - See FAR 2.101 and 3.104 Page 4