SPE7LX16R0181_-_J&A_FBO_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-16-R-0181

ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of three different “Belt, Vehicular Safety” for a HMMWV using other than a full and open competition basis. Sources are restricted to the specified approved manufacturers.

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

BRIEF DESCRIPTION NSN/PN ADQ ADV AMC AMSC

Belt, Vehicular Safety 2540-01-468-4854 38 each 3 D

Belt, Vehicular Safety 2540-01-521-2177 60 each 3 C

Belt, Vehicular Safety 2540-01-542-3809 336 each 3 D

The items being procured “Belt, Vehicular Safety” are used for a military equipment, a “Truck, Vehicle System, 1 ¼ Ton” (HMMWV). The source of supply listed for these items are in section 5 of this document. These items are listed as critical application items that requires a degree of manufacturing skill and expertise to ensure that the items received are of unquestionable quality.

Please see below list with the only manufacturers who possess the technical data and specifications necessary to fulfill the requirements to successfully produce this item for the Government.

Identified end item, weapon system or class of item:

Truck, Vehicle System, 1 ¼ Ton” (HMMWV)

ESTIMATED THREE (3) YEAR BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

FOR ADD-ONS, PROVIDE VALUE OF OPTIONS YRS REMAINING Not Applicable

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:

NSN Approved Source Name Approved Cage Approved Part

Number 2540-01-468-4854 AmSafe, Inc. DBA AmSafe Aviation 35FB9 4291-1-011-2251 2540-01-521-2177 AmSafe, Inc. DBA AmSafe Aviation 35FB9 I-4056-30 2540-01-542-3809 AmSafe, Inc. DBA AmSafe Aviation 35FB9 200159

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

(X) AMC 3 – Acquire, for the second or subsequent time, directly from the actual manufacturer.

The use of the authority cited is based on:

(X) AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid

(X) AMSC D – 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.

- The AMSC is set by the responsible Engineering Support Activity (ESA) or Design Control Authority (DCA) with no local authority given.

- On October 6th, 2016, the product specialist for NSN 2540-01-542-3809 reviewed and changed AMC/AMSC from 1/R to 3/D because this item is a sole source item.

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

(X) The acquisition will be synopsized on or about September 6th, 2016.

(X) Dealers of the manufacturer will be solicited.

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

This procurement is for a three (3) year Firm-Fixed Price, Indefinite Quantity Contract, with one three (3) year base period and two 1-year option period, administered by DLA Land and Maritime. A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. The offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness. The buyer will review the purchase history for these NSNs and if needed a comparison with similar items. NSNs will not be awarded unless a fair and reasonable determination can be made on pricing. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Sources Sought was posted from December 7th 2015 to December14 th 2015. A market survey was uploaded and attached to the Sources Sought. In addition, a market survey was e-mailed to the approved source and authorized dealers on/during: December 7th 2015 and December 14th 2015.

Name of vendors contacted: AM Safe, Inc. (cage 35FB9), Conax Florida Corp. (cage 62323), Aero International, (cage 0SML3), Linmar Associates (cage 1GX03), SIT Corp. (cage 1MQB3), Carlton Life Support Systems (cage 99251), AM General (34623).

Names of vendors contacted and responding to market survey: Oshkosh Defense LLC (cage 75Q62), Brighton Cromwell (cage 3NNX8) and AmSafe Inc., DBA AmSafe Aviation (35FB9).

Market Survey received after posting the Sources Sought: None.

Techniques used to conduct each survey: Market research questionnaire was e-mailed to each vendor.

Types of information requested: Vendors were asked to identify if they were a manufacturer, dealer or distributor, and their business size. Vendors were also asked about interest in pursuing a Long Term Contract for the item, their inventory capability, if the item is quantity sensitive or hazardous, base/option year structure, willingness to propose option years, questions as to commerciality of the item, FOB points/impact on price, zone pricing, delivery information, packaging, and EDI capability.

Summary of information received from each responding vendor:

(3NNX8): Received response to market survey on December 10th, 2015 from from Brighton Cromwell. The market survey indicated this company to be a dealer and a small business interested in pursuing

The company indicated these items not to be commercial items

(75Q62): Received response to market survey on December 10th, 2015 from from Oshkosh Defense LLC. The survey indicated this company to be interested only on NSN 2540-01-521-2177. This company stated to be the OEM distributor and a manufacturer.

The company is a large business, EDI capable, and interested in pursuing a

The company indicated this item to be a commercial item

(35FB9): Received response to market survey on December 8th, 2015 from from AmSafe Inc. The market survey spreadsheet indicated the NSNs to be commercial items, however, on January 5th, 2016, confirmed via e-mail that the items are commercial items with minor modification

According to AmSafe survey document received on January 5th, 2016, the company is a manufacturer and a large size company that rather deal with the government directly rather than via distributors or dealers. The parent company is Transdesign, and as an OEM, they have a commercial distribution network

The NSNs included on this solicitation were reviewed by the Strategic Acquisition Programs Directorate (SAPD) Product Specialist during the project development phase. No additional sources were identified during that review.

Previous procurement history was researched to obtain information regarding the use of J&A’s pursuant to PGI 206.303-2. For NSN 2540-01-542-3809, a search of Records Management resulted in no findings of a filed/completed copy of the J&A for SPM7LX09D9001. For NSN 2540-01-468-4854 and NSN 2540-01-521-2177, all previous buys were under the Simplified threshold and did not require the use of J&A’s.

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.

Forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

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

- Brighton Cromwell (cage 3NNX8)

- Oshkosh Defense LLC (cage 75Q62)

- AmSafe, Inc (35FB9)

11. These items are subject to the following methods of locating additional sources:

(X) The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

( X) Other: A sources sought notice was posted to FedBizOpps on December 7, 2015 with a response date of December 14, 2015.

CONTRACTING OFFICER 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.

Contracting Officer Phone Date

Aric J. Allen Typed name of Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

ALLEN.ARIC.J.12428

32562

Digitally signed by

ALLEN.ARIC.J.1242832562

Date: 2016.10.11 09:55:55 -04'00'