J-A_SPE7LX18R0152_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-18-R-0152

items are used on military specific vehicles designed to satisfy the needs of the warfighter. These items were determined commercial of a type or commercial of a type with minor modifications to meet military specific needs due to similar items being available in the commercial marketplace. The MRAP, and these items, were designed by Navistar Defense (CAGE 338X5) to meet military specific requirements, and Navistar Defense (CAGE 338X5) is the only known source that has the technical data and manufacturing knowledge necessary to ensure these repair and replacement parts properly support the MRAP. There is no evidence that standard, similar commercial parts can support these military specific vehicles. It is therefore essential to limit competition to Navistar Defense (CAGE 338X5) part number items. A technical review in support of a potential LTC was performed in December of 2017 and all NSNs were determined to be suitable for a long-term contract. The Product Specialists reviewed the technical information and have certified it as complete and accurate.

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

The acquisition was synopsized on 7/2/2018 (at least 15 days before the solicitation is issued).

The solicitation will be posted to DIBBS for 30 days.

Dealers of the manufacturer will be solicited.

In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

All 25 NSNs on this LTC project were determined commercial. Eleven Navistar Defense parts are available for sale to the public through a commercial distributor’s online catalogue. Six of the NSNs are not available for sale through a commercial distributor’s online catalogue; however, these six items are various hardware items like bolts and screws and are commercial of a type. These 17 NSNs are commercial of a type and meet part one of the commercial item definition in FAR 2.101. The other eight NSNs were determined commercial of a type with minor modifications to meet military specific requirements and meet part three of the commercial item definition in FAR 2.101. Navistar Defense submitted documentation to support commerciality for these eight NSNs and provided similar commercial items. The Contract Specialist verified that the similar commercial parts were available for sale through a commercial distributor’s online catalogue.

Given the readily available pricing information for the similar commercial items, it is anticipated that the pricing received will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Contract Specialist contacted suppliers from the procurement history that had 10 or more orders and have an active SAM registration.

Sources Sought Notice:

A Sources Sought Notice was posted to FBO on 12/18/2017 to identify potential sources and closed on 1/19/2018; however, no additional sources responded to the notice.

Market Research Conclusion:

Market surveys were conducted on: 12/15/2017 – 4/13/2018 Total number of vendors contacted: 4 Names of vendors contacted:

The supporting documentation for each NSN contained a description of the required part and the similar commercial item.

Navistar Defense provided drawings for each of their parts along with commercial pricing for the similar item. Each Navistar Defense part was reviewed to ensure that it is truly similar to the commercial item Navistar Defense provided. NSN 2530- 01-587-4444 was also previously determined commercial by a contracting officer, and Navistar Defense’s part 3881826C1 is available for sale to the public from a commercial distributor’s online catalogue. NSN 2530-01-587-4444 is commercial of a type and meets part one of the commercial item definition in FAR 2.101. The other eight NSNs are commercial of a type with minor modifications to meet military requirements, which meet part three of the commercial item definition in FAR 2.101.

Navistar Defense did not provide supporting commerciality documentation for the other 16 NSNs and explained that they are various hardware items and are generically commercial. These 16 NSNs are broken down by FSC below:

FSC 2530 / Vehicular Brake, Steering, Axle, Wheel, and Track Components: There is only one NSN 2530-01-556- 5436, which is a pressure tank. The AMSC is coded Z and the Navistar Part number is available for sale through FindItParts.com, an online distributor of heavy-duty truck parts, trailer parts, and tractor parts.

FSC 4910 / Motor Vehicle Maintenance and Repair Shop Specialized Equipment: There is only NSN 4910-01-586- 5591, which is a cup driver and the Navistar Part number is available for sale through FindItParts.com.

Various Hardware:

FSC 5305 / Screws: 5 NSNs FSC 5306 / Bolts: 2 NSNs FSC 5307/ Studs: 1 NSN FSC 5310 / Nuts and Washers: 4 NSNs FSC 5315 / Nails, Machine Keys, and Pins: 1 NSN FSC 5325 / Fastening Devices: 1 NSN

There are 14 NSNs listed in the six FSCs above, which are all various hardware items and are commercial of a type. The Contract Specialist utilized Navistar Defense’s OnCommand System to obtain a better description of the parts to include their dimensions and grade of hardware. The Contract Specialist searched FindItParts.com to see if Navistar Defense’s parts were available for sale through the commercial distributor’s online catalogue. If a part was not available for sale on FindItParts.com, a Google search was conducted using each part’s dimensions to ensure similar items were comparable in price. These 16 NSNs are commercial of a type.

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

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:

Navistar Defense (338X5) Longhorn Regional DBA Kyrish Government Group (4GK47) Wheeler Bros (55683)

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.” Based on a review of the contract history, there is only one prior award, SPE7MX-14-D-0015 (dated 2/24/2014), over the Simplified Acquisition Threshold. The Justification and Approval (J&A) for Full and Open Competition for SPE7MX-14-D-0015 is included as Attachment Four. The J&A was reviewed to determine whether the planned actions to remove any barriers to competition were completed.

This previous J&A indicates that the requirement was to be synopsized on FedBizOpps and dealers of the manufacturer would be solicited. Market research was conducted by sending market surveys to manufacturers and distributors that received awards in the past. The solicitation also contained the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. Based on this information from the previous J&A, it is determined that the planned actions to remove any barriers to competition were completed. 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. At this time, the requirement/guidance in PGI 206.304 has been fulfilled.

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.

JAMIE WIEBUSCH Date Contracting Officer

WIEBUSCH.JAMIE.

1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2018.08.06 14:52:14 -04'00' 8/6/18

APPROVAL/CERTIFICATION

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

MARY E. SHEARER Date Competition Advocate

MARK A. BROWN, SES Date Acquisition Executive

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

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

[X] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

ATTACHMENTS:

One: Weapon Systems Two: NSN Data Three: Approved Manufacturer and Part Number Four: J&A from SPE7MX-14-D-0015

SHEARER.MARY.E

.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2018.08.10 15:22:37 -04'00' 8/10/18

BROWN.MARK.ALB

ERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.1041175032

Date: 2018.08.10 17:10:09 -04'00'