J&A_Redacted_by_legal_SPE7LX18R0076_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX18R0076

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

(DEC 2016)

[ X ] ORIGINAL

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 required to meet the using activity’s needs are described as follows:

NSN

BRIEF

DESCRIPTION

ADQ

EST ANNUAL

DEMAND

VALUE (ADV)

EST 5 YEAR

Total

CONTRACT

MAXIMUM

AMC/AMSC

2520013828874 Parts Kit, Constant 1133

3B

CONTRACTOR (CAGE) NSN PART NUMBER

GKN Driveline North America, Inc. (62826) 2520013828874 12342974-3

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

1TN TRUCK, HMMWV

80A HMMWV

C7N NAVY EXPEDITIONARY PROGRAMS

VMA AVENGER MISSILE

Past procurement history shows 3 PIINs: SPE7L114D0007, SPE7L116D0007 and SPM7LX13D9002. These PIINs are all for the same FASI contract. Please see Attachment #1 for the J&A on the FASI contract.

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:

GKN Driveline North America, Inc. (62826)

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:

(The following AMSC descriptions are available in DFARS PGI 217.7506 Part 2.)

[ X ] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

The OEM is the only known source with the manufacturing knowledge and capability to produce these items in the quantity and to the quality needed by the Government. Therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302.

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

[ X ] The acquisition will be synopsized on or about 4/23/2018.

[ X ] Dealers of the manufacturers will be solicited.

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

Although this acquisition meets the threshold requirement for Certified Cost or Pricing Data, the contracting officer has determined that this item is commercial. In accordance with FAR 15.403- 1(b)(3), the applicable clauses were not incorporated into the solicitation. A price analysis will be conducted using commercial market pricing, historical government pricing, the Producer Price Index (PPI) and learning curve analysis. Other than cost or pricing data will be requested if needed.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market research was begun on 1/11/2018 and concluded 4/11/2018.

The product specialist reviewed this NSN for the project during project creation, and no new sources were found.

Sources Sought was done by the Market Research team. It was posted to FedBizOpps on 1/22/2018, closing on 1/29/2018. There were no responses to the FEDBIZOPPS posting.

The Market Surveys were sent to the following companies: This item is Source Controlled to GKN Driveline North America, Inc. (62826):

Part number 12342974-3 Parts Kit, Constant

AMC/AMSC – 3B

QCC – QBA

Contractor FAT Market Surveys were sent to 5 contractors on 1-11/2018 – 1/18/2018:

4V314 Supplycore Inc. dba

7C779 Illinois Bank Trust

55683 Wheeler Bros., Inc.

62826 GKN Driveline North America, Inc.

79343 Science Applications International Corporation/SAIC

There was 1 response from Wheeler Brothers on 1/17/2018. Per my conversation with GKN, they will not work directly with the Government and all correspondence must go through Wheeler Bros. Wheeler Brothers has exclusive rights with GKN.

Fed Biz Opps Sources Sought was done 1/22 – 1/29/2018. There were no responses.

Per Value Engineering Specialist, Traci Myers, there are no other sources that can provide this item at this time.

Wheeler Brothers, Inc. (55683)

POC:

indicated that Wheeler Brothers is a large business.

Wheeler Brothers is a dealer for GKN with exclusive rights.

Wheeler Brothers is interested in a LTC Wheeler Brothers Enterprises stated that item is not commercial

On 5/4/2018, the Contracting Officer made the determination that the item is commercial based on the following:

a. The item is available via the commercial market place for use on the commercial Hummer H1. The Hummer H1 is based on the military version Humvee.

b. Pricing for this item was found through an internet search.

Please see Attachment #2 for Commercial documentation.

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. 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:

Wheeler Brothers, Inc. (55683).

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

[ X ] The solicitation contains Proc Notes L04 Offers for Part Numbered Items and 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

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

PETERSON.GEORGE.D.1

242831744

Digitally signed by

PETERSON.GEORGE.D.1242831744

Date: 2018.06.06 07:58:24 -04'00'

COUTURE.MARY.E.123025

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.06.11 17:59:43 -04'00'

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

Attachment #1 – J&A on FASI contract Attachment #2 – Commercial documentation