SPE7LX-20-R-0099 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0099

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[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. This acquisition is to establish a firm fixed-priced, indefinite quantity contract for a base period of 3 years and 2 one-year option periods. The action being approved is the acquisition of supplies on other than a full and open competition basis.

3. This acquisition is to establish a firm, fixed-price contract for the following supplies. The supplies required to meet the using activity’s needs are:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST.5 YR

VALUE

AMC/AMSC

Carrier, Planetary Gear 3040016276915 546 3/D

These items procured being are in support of the Highly Mobile Multi Wheeled Vehicle (HMMWV), Weapon System Code- 80A.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

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.

If restricted to the only source(s) of supply, include source(s) and CAGE code: AM General (43623); part number 5717742

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.

The AMC/AMSC codes were verified by Product Specialist on December 16, 2019 and certified the relevant information as correct and accurate.

These items being solicited are planetary gear carriers that are used to support the HMMWV. The Government currently does not have the data available to acquire these parts competitively. AM General (34623) is the only known source that has the complete data for CLIN 0001. As of this date, there are no other known sources for these items. The HMMWV provides personnel transport globally and the planetary gear carrier is a critical part of the epicycle gear train, which is required to provide the amount of torque needed to drive the wheels of the vehicle.

5. Efforts to ensure that offers are solicited from as many sources as practicable are:

[X] The acquisition will be synopsized on or about May 30, 2020.

[X] Dealers of the manufacturers will be solicited.

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

a. Certified Cost and Pricing data is not required I/A/W FAR 15.403-1(b)(3), as this acquisition will be procured utilizing FAR Part 12 procedures. These items will be solicited as Unrestricted Other Than Full and Open Competition. The buyer only intends to award the NSN if fair and reasonable price determinations can be made.

7. Market Research/Efforts to Obtain Competition:

Total Number of Vendors Contacted: 1

Names of Vendors Contacted:

o AM General (CAGE 34623)

Names of Vendors that responded in writing to the Market Survey and expressed interest in proposing on requirement:

o AM General (CAGE 34623)

Types of information requested: The following includes some of the information requested on the Market Survey: Interest in Long Term Contract and number of years preferred, commerciality per FAR 2.101(b), business type (large, small, SDVOSB, WOSB), would an offeror be willing to provide Cost and Pricing Data, estimated delivery, whether an item is quantity sensitive, among other questions.

A Sources Sought notice was posted on May 11, 2020 and closed May 15, 2020. There were no responses received.

Summary of information received: A detailed response was received from the approved source, see synopsis below:

1. AM General (CAGE 34623) responded on December 5, 2019 and again on March 30, 2020. AM General is a large business manufacturer. She stated that this is a commercial item and she provided pricing lists from their supplier where these items are commercially available to the general public.

Information received regarding the commerciality of the item: The Market Survey respondents stated this item is a commercial item. Planetary Gear Carriers are used are commonly used in many different non-Governmental capacities, most notably farming and construction industries.

Planetary gear systems are able to produce a lot of torque because the load is shared among multiple planet gears. This arrangement also creates more contact surfaces and a larger contact area between the gears than a traditional parallel axis gear system. Because of this, the load is more evenly distributed and therefore the gears are more resistant to damage. They are most commonly used in heavier vehicles such as tractors and construction vehicles. A search of the internet revealed multiple websites where planetary gear carriers are readily available to the general public. Based on the market research response, and buyer’s Internet research, the Contracting Officer has determined that these items are commercial items.

8. 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.

9. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

AM General (34623)

10. 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 [ ] Reverse Engineering

A search of the past buy history was conducted and no prior J & A’s were found.

Attachments

1. Tech 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.

Patrick Laugherty Contracting Officer Date

LAUGHERTY.PATRI

CK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.1250703704

Date: 2020.06.03 06:56:52 -04'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

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

SHEARER.MARY.

E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.06.10 07:24:44 -04'00'