SPE7L518RX010_J&A_COMP_AD_APP_FLAT_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L518RX010

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 follows:

BRIEF DESCRIPTION NSN ANNUAL

DEMAND QTY

ESTIMATED ANNUAL

VALUE

AMC /

AMSC

Holster, Pistol 1095-01-533-3009 5507 $ 3/D

ESTIMATES:

3 YEAR (BASE) ESTIMATED VALUE: $

5 YEAR (TOTAL) ESTIMATED VALUE: $

MAXIMUM CONTRACT VALUE: $

End item(s), weapon system(s), or class of item(s):

WSDC is not indicated. However, this item is to secure a pistol to the body.

Estimated value and contract duration:

The proposed action is for the solicitation and award of a 5 year, Firm-Fixed-Price, Indefinite Delivery Contract (IDC) using FAR subpart 13.5 Simplified Procedures for Certain Commercial Items. The 5 year period is inclusive of one 3 year base period and two separately priced 1 year option periods. The 3 year base period estimated value is $ and the base period plus two o estimated value is $ The maximum value for each NSN was determined by multiplying the ADQ, the Mean Acquisition Unit Cost (MAUC), number of contract years (5), and then a multiplier of 1.5 in order to cover potential surges in demand.

The maximum contract value after these calculations is $

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

VISTA OUTDOOR INC. (CAGE: 7TMU7) P/N 430504CT-R

5. 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.

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

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

The use of the authority cited is based on:

AMSC D: The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

6. Product Specialist, Kenneth Groves, confirmed the information in the first bullet point on 9/26/18:

1095-01-533-3009

Item has an AMC/AMSC of 3/D. The approved source is the only source capable of making this item. The Government does not have the drawings; the approved source is the only source known to possess the required drawings. A contractor can submit a Source Approval Request (SAR) package to be added to the drawing as an approved source, but this item cannot go out under full and open competition at this time. PSOR sent out a 339 nquiry about the technical data for this Justification and Approval. The

Blackhawk (not Eagle Industries) is actual OEM. Blackhawk Industries and Eagle Industries [the previous approved source] are both brands of Vista Outdoor Inc. . .The AMC/AMSC shall remain 3/D because the government does not own the rights to the technical data for this item. As of yet, Vista Outdoor/Blackhawk is the only known company that sells this item to the Navy's specifications. Vista Outdoor/Blackhawk does not sell directly the government.

This item is neither critical nor a Critical Safety Item.

7. Efforts to ensure that quotes are solicited from as many sources as practicable are:

The acquisition will be synopsized 1 day prior to the solicitation opening and will be solicited on the internet for 13 days via the DLA Internet Bid Board System (DIBBS). Because commercial pricing is readily available, one day prior is sufficient time for vendors to contact suppliers and plan.

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will not be requested if the offe exceeds the $2M threshold for obtaining cost data because this procurement is being conducted under FAR subpart 13.5 procedures. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

9. Market research/efforts to obtain competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Summary of Market research: Even though this item is commercially available in the same form to both the public and the Government, there are features of this item that make it unique and a substitute product would not be appropriate.

o Per GSA Contract Number GS-07F-227CA:

This particular holster is unique in that it is made to specifically meet the demands of tactical operations and uses a flexible thigh platform that confirms to leg size, a Y-harness suspension system that allows for even weight distribution, and quick-disconnect swivel buckles on belt mounts for superior flexibility.

o Per Black

Searches on Google indicate that SERPA is only associated with the Blackhawk brand holsters.

The unique features and the SERPA patented technology for this approved part number are appropriate for the special demands of tactical operations and justifies the procurement of this particular item. Vista Outdoor/Blackhawk would only have the technical data for the unique SERPA patent. ESA has specifically stated a for this part. Therefore, analysis is limited to what is available online for this particular part.

Procurement history:

A sources sought notice was posted on FedBizOpps from 08/01/2018 to 08/07/2018. No responses were received.

Market Survey [10 U.S.C. 2304(f)(3)(D)] conducted on o Techniques used to conduct survey: e-mail correspondence sent out on 8/1/18 and prior to ESA response on the updated approved source.

o Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity o Total number of vendors contacted: 3 o Names of unresponsive vendors: Atlantic Diving Supply, Inc. (1CAY9) and H Squared, Inc. DBA

Quantico (3E4Q7) o Names of vendors and summary of information from responses:

Eagle Industries 0D1Z5;

Page

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

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

Eagle Industries

12. Based on the market research conducted, the contracting officer has determined that the item to be solicited against subject solicitation are commercial in accordance with subsection (1) of the commercial item definition in FAR 2.101 due to commercial pricing available through the manufacturer as evidenced by the provided catalog link. This particular product would also be utilized by law enforcement.

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

Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

VE Bailment Program

12. Previous justification for other than full and open competition is not attached:

This is the first time subject NSN is being solicited under FAR subpart 13.5 or FAR Part 15 procedures, therefore no previous J&A is available.

APPROVAL/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.

Matthew Brubaker CONTRACTING OFFICER

I have reviewed and approve this justification:

Mary E. Shearer COMPETITION ADVOCATE

APPROVAL REQUIREMENTS

Up to $700,000 Contracting Officer

$700,000 to $13,500,000 Competition Advocate

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

Over $93,000,000 Senior Procurement Executive (AQ)