SPE7LX-20-D-0138_JA_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-18-R-0105

Project# CL18232002

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

(FEB 2017)

[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 full and open competition basis.

3. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN Part Number ADQ ADV AMC/AMSC Machine Gun Barrel 1005-01-616-1343 49381 225 3/D

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

END ITEM: MK48 MOD1 MAC

ESTIMATED 3-YR BASE VALUE:

MAXIMUM CONTRACT VALUE: (base and two option years)

In addition to the item specified above, the scope of this contract includes the purchase of part numbered items for which FN America, LLC (FNA) is the sole approved source. Additional items may be added at a later date in accordance with DLAD Procurement Note L27.

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. This NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/D. FN America, LLC (3S679) is the Sole Source for this item. FNA is the only known firm that possesses the technical data, drawings, and specifications necessary to fulfill the Government’s requirements and no other responsible source can supply this item to satisfy agency needs.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: FN America, LLC (3S679).

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] 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. Efforts to ensure that offers are solicited from as many sources as practicable are:

[X] The acquisition will be synopsized on or about January 5, 2019.

[X] The acquisition will be solicited on DIBBS for a minimum of 30 days.

[X] A Sources Sought notice was posted to FBO from December 6, 2018, through December 17, 2018.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable in accordance with FAR 15.404-1. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI

Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Certified Cost and Pricing Data is not required as the acquisition is below the Truth in Negotiations Act (TINA) threshold.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice was prepared and posted to Federal Business Opportunities (FedBizOpps.gov) from December 6, 2018, through December 17, 2018. Only one email inquiry was received on December 7, 2018, from

, an employee of , a small business concern. Company inquired about how to become a new source for this NSN and buyer responded on December 17, 2018, providing the requested information. No other responses were received.

An analysis was performed of the information in Haystack to review the procurement history and whether any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that this is a sole source part provided by FNA and does not indicate that it was previously sourced to any other vendors. No similar items were found in Haystack.

DD2579 was sent to and approved by the Small Business Office for the procurement to be solicited as unrestricted-other than full and open competition as there is no reasonable expectation that offers will be obtained from at least two small businesses offering the products of different small business concerns, which is based on an AMC/AMSC code of 3/D, sole source item, as well as market research results and procurement history.

In addition, a market survey was sent to FN America, LLC (3S678), Sole Source, on August 25, 2017, for Project# CL17237002, which consisted of a total of four (4) NSNs, including the subject NSN 1005-01-616-1343.

Response was received from , Contracts Specialist, FN America, LLC, on February 16, 2018.

Buyer sent email to Product Specialist (PS) on December 4, 2018, to confirm testing requirements and need for Government Furnished Property/Equipment (GFP/E), if any. PS responded on December 12, 2018, stating that NSN has no testing requirement nor a GFP/E need. Furthermore, buyer requested updated data pull for subject NSN, which was received on December 17, 2018, and confirms approved source and AMC/AMSC Code as stated above.

Summary of Market Survey Information Sent:

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, and EDI capability. Long Term Contract related questions asked included: whether the company is interested in an LTC, if a three-year base period with two one year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data. Other questions asked included: whether it would be beneficial to combine NSNs, whether the product is commercial, whether prices were published, whether prices would be included for transportation charges if the item requires FOB Destination, and whether the Government would see any savings. Delivery questions were asked regarding phased delivery and maximum quantity.

Summary of Market Survey Information Received:

FNA is a large manufacturing company that is interested in a base contract and would be willing to accept up to

Information received regarding the commerciality of the item:

FNA indicated on the survey that the item is not commercial IAW FAR 2.101(b). Item is not listed in published catalog/price list and not available in the commercial market place.

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

[X] Based upon the technical certification, dated December 17, 2018, 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: FN America, LLC (3S679).

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.01.16 10:30:12 -05'00'

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2019.01.15 09:44:23 -05'00'

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $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)