SPE7LX-20-R-0130 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0130

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

They indicated the items as commercial, but did not provide documentation to support this assertion.

The survey from Janel’s Industries requested the Government consider a sole-source service disabled, veteran-owned, small business set-aside, indicating they are a dealer in good standing with Standard Bent Glass and could provide both NSNs for this project. The buyer requested confirmation from the approved source, Ibis Tek, Inc. Ibis Tek advised that the dealer might have provided an item on behalf of Standard Bent Glass in the past. However, since Ibis Tek has bought Standard Bent Glass, Ibis Tek will be submitting an offer directly to the Government and they will not be offering quotes to other contractors for this potential solicitation.

The buyer reviewed previous buys for these two NSNs (Attachment 2), which included multiple simplified acquisition spot buys and one recent Automated Indefinite Delivery Contracts (AIDCs) for each NSN. With the exception of one award to Janel’s Industries in early 2019, all buys have been to an approved source for the NSN. The AIDCs, awarded in February 2020, show the sole offer for each buy is from the current approved source, Ibis Tek, Inc. (1SC69).

The buyer conducted internet research, including the General Services Administration (GSA) website. No pertinent information was located (Attachment 3). The buyer reviewed the Ibis Tek and Standard Bent Glass websites for these items. The buyer located an article confirming the recent acquisition of Standard Bent Glass by Ibis Tek, Inc. The OEM stated the items are not commercial, and the SAP COTS field is blank for both NSNs. With this information, the contracting officer was determined these items to be non-commercial.

The RFP solicitation will be issued with a delivery requirement of 90 days, FOB origin (FDT) and inspection/acceptance at destination requirements.

Information regarding the commerciality of the item(s): Based on Internet research that did not reveal any commercial sales history or catalogs/brochures, AMC/AMSCs of 3/D, blank SAP COTS status, and zero (0) results found on GSA Advantage site, these items, due to the lack of information obtained and in accordance with FAR 2.101, are determined to be non-commercial. Previous procurements of these NSNs have found this item to be non-commercial. The approved source, Ibis Tek, Inc., stated these items are not commercial.

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 (Technical Certification, attachment 1).

The data presently available reflects the minimum needs of the Government. The last technical review date for each item was on 04/02/20 and 04/22/20 for NSN 2510-016113044 and 2541-016103920, respectively.

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

Ibis Tek, Inc. (1SC69) Janel’s Industries, Inc. (3B8L1) Ballistic Glass and Armor Solutions, LLC (87EH9)

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

Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program.

The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

[X] The solicitation contains the DLAD Procurement Notes L04 and M06; Offers for Part Numbered Items and Evaluation of Offers for Part Numbered Items.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0130

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

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.

Joe Werstak Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification.

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

ATTACHMENT:

1. Technical Certification

2. Procurement History

3. Internet Research Screen Prints

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.06.11 15:17:30 -04'00'

WERSTAK.JOSEPH.A.

1283966654

Digitally signed by

WERSTAK.JOSEPH.A.1283966654

Date: 2020.06.04 15:48:52 -04'00'