SPE7L421R0011 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L421R0011

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

[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

DOOR, VEHICULAR 2510 01 588 6253 47 EA 3B

Estimated Base Value: (No Option Quantity)

This solicitation is for Total Quantity of 47 EA (No Option Quantity)

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

This item is for the curbside door used on NSN 2510 015868061

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.

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

BAE SYSTEMS LAND & ARMAMENTS L.P. 076M6 P/N 12509407 001

BAE SYSTEMS LAND & ARMAMENTS L.P. 076M6 P/N ACH10157 001

BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP 0FW39 P/N 12509407 001

BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP 0FW39 P/N ACH10157 001

The use of the authority cited below:

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

[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD STD 100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application.

Although, by DoD STD 100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

Per the Approved Manufacturer Parts List available for this NSN, BAE SYSTEMS LAND & ARMAMENTS L.P.

(CAGE 076M6) and BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP (CAGE 0FW39) are the only manufacturing sources specified on the source control drawing and have been identified by the Government as having the complete technical data set to supply this NSN to DLA and the using military service.. As such, acquisition from the currently approved source(s) is required.

The Product Specialist, , conducted a technical review for this item on December 14, 2020, and certified that the technical information is complete and accurate. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3B was verified as correct. Currently, there are no 339's generated to the ESA for this material. Based on technical review, the Data is not sufficient for full and open competition, as these are still source control drawings.

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 beta.Sam.gov. At the competition of the synopsis period the acquisition will be solicited on the internet for 30 days via DLA Internet Bid Board System (DIBBS)

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

[X] Dealers of the manufacturers will be solicited.

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

• Past procurement history will be reviewed, and a PPI price analysis will be performed. Other than certified cost and pricing data may be requested and analyzed. Additionally, discussions may be held with offerors, if needed, to determine the price fair and reasonable.

• This is a definite quantity firm fixed price contract for a total quantity of 47 EA.

• Multiple/Split awards will not be considered, as this item is being procured on an All or None basis.

• Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable

8. Market Research/Efforts to Obtain Competition:

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

[X] A market survey was conducted on/during 12/10/2020 TO 12/18/2020.

Total number of vendors contacted: 2

Names of vendors contacted:

BAE SYSTEMS LAND & ARMAMENTS L.P. (CAGE 076M6)

BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP (CAGE 0FW39)

Techniques used to conduct survey: email

Types of information requested:

Size of business, type of business, commerciality, price listed/stock inventory status, willingness to offer proposal, delivery schedule, quantity sensitivity, Inspection/Acceptance points, and hazardous materials.

Contractors that responded:

BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP (CAGE 0FW39)

• The OEM, replied to market survey stating they are currently in negotiations with DLA for a similar quantity of this NSN on solicitation SPE7LX20Q0014. DLA should have all of the info requested in the survey on file or in hand from our proposal submittal in response to SPE7LX20Q0014. A response was sent back still requesting a for them to complete the Market Survey. I also stated since the value of the other purchase request was lower, a market survey was not requested and not provided. BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP (CAGE 0FW39) did not provide the Market Survey as requested.

Previous history for this item shows three procurements from 04/09/2013 to 12/16/2020. The quantities for these procurements ranged from 3 to 31 EA, with the unit prices ranging from $8,461.81 to $21,224.61.

The lowest quantity on these three contracts was 3, on 04/09/2013, with the unit price of $8,461.81. The last purchase order had its pricing determined fair and reasonable based on “BJ”. The other two procurements did not have the pricing fair and reasonable but also did not determine the pricing unfair or unreasonable (PRC of “BY”).

A sources sought was posted to Beta.Sam.Gov between December 10, 2020 – December 18, 2020 with a market research request form attached, but no responses were received to date.

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

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. General public is interpreted as individuals using such parts in a nongovernmental or military capacity.

The SAP COTS status is blank and no results were discovered on the GSA Advantage site, when searching the NSN and part number.

As mentioned above, the Product Specialist stated the drawings are source controlled by the sole source OEM. The product specialist also provided the end items for this item. These end items are of a military nature with no commercial or public use application.

Therefore, the Contracting Officer determines this item to be non commercial. The Government is not utilizing FAR Part 12 procedures. The solicitation shall be issued pursuant to FAR Part 15 procedures.

Synopsis will state that based upon market research, the Government is not using the policies contained in FAR Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

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: (If none, so state) The OEM, BAE (CAGE 076M6), has received the last three procurements for this item. They did not provide the market survey as requested, however there is an expectation of their interest based on the above information.

11. The following actions are being taken to identify additional sources:

[X] Solicitation contains DLA Procurement Note, L22 Restriction of Alternate Offers for Source Controlled Items

12. Previous J&A: The last two buys were done under SAT and therefore a J&A was not required.

*Technical Certification (Referral) is attached below.

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

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

01/21/2021

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.02.02 12:47:27 -05'00'

WHITING.MONICA.L.

1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2021.01.21 12:01:37 -05'00'