signed--Oil_Pan_-_JA_SPE7LX18R0200_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX18R0200

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

ORIGINAL

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

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described asfollows:

BRIEF

DESCRIPTION NSN P/N QUANTITY EST. ANNUAL

VALUE AMSC

Oil Pan 2815-01-430-2599 12551755 3,613 1C 5743794

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

This acquisition is to establish an IQC with a five year base period and no options.

ESTIMATED ANNUAL BASE VALUE:

ESTIMATED TOTAL VALUE (5 YR BASE VALUE):

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.

Brief narrative supporting the situation and weapon system: The approved source(s): General Motors LLC DBA General Motors, CAGE 7X677 and AM General LLC, CAGE 34623.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

The use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

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

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. 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. The Government has retained the right to approve manufacturing sources due to its criticality, and General Motors and AM General are the only suggested source on the drawing that have been approved to manufacture this item. Adequate data for the evaluation of alternate offers is not available at the procurement agency. The companies listed above are the only companies that have gone through the source approval process. If a product different from the approved part is offered by the contractor, the contractor must get their part numbers approved by submitting a source approval package to the Engineering Support Activity (ESA). The companies listed above are the only uniquely qualified sources of supply that own the technical rights for the NSNs/items. In order for competition to be present, the services (i.e., Army, Navy, etc.) would need to buy the technical rights from the companies, who are the Original Equipment Manufacturer (OEM), then re-code all the items so that other companies could offer proposals. This item is technically critical based on the tolerance, fit, performance, chemical compound and the mechanical mixture properties of which the item is fabricated. The AMC/AMSC codes and approved sources were verified by the PS on August 8, 2018.

CLIN NSN ITEM AMC AMSC

0001 2815-01-430-2599 Oil Pan 1 C

6. Efforts to ensure that offers are solicited from as many sources as practicable are: A sources sought notice was posted on May 18, 2018 in FedBizOps. The acquisition will be synopsized on or about December 2018. Manufacturers of similar products and dealers of the manufacturers will be solicited via the FedBizOps. Dealers of the manufacturers will be solicited. Award of this solicitation will not be held pending qualification and approval of any product or manufacturing source.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable through one, any, or all of the following: comparison of proposed prices received in response to the solicitation, comparison of proposed prices to historical prices paid, comparison of proposed prices with independent government cost estimates, comparison of proposed prices with prices obtained through market research for the same or similar items, analysis of data other than certified cost or pricing data provided by the offeror and if need be, support from the pricing branch office.

This solicitation is for an Indefinite Quantity, Fixed Price contract, with a five (5) year base period.

Award will be made on an all or none basis per NSN for the supplies covered under thiscontract.

8. Market Survey [10 U.S.C. 2304(f)(3)(D)]: A sources sought notice was posted on FedBizOpps (FBO) on May 18, 2018 by the Strategic Sourcing Specialist (SSS), no response was received.

Also, the SSS market survey was conducted on October 15, 2018, one (1) response was received.

Total number of vendors contacted: 4. The SB Ofc concurred issuing the solicitation as unrestricted.

Vendor Response

General Motors LLC DBA General Motors Positive response

AM General LLC No response

Brighton Cromwell LLC Positive response

Linmarr Associates, Inc. No response

Techniques used to conduct survey: questionnaire sent via email.

Types of information requested:

• Business type, size and status:

• Number of employees

• Ideal number of base/option periods and related cost saving, annual price adjustment if any.

• Type of contract whether Firm Fixed Price or Economic Price Adjustment (EPA)based on the Producer Price Index (PPI) and recommended index.

• Component/raw material involved and percentage.

• Commercial availability, GSA, published catalog or price listed. Supporting documentation.

• Willingness to provide Cost or Pricing Data.

• FOB Point: will prices vary based on location, will price includepackaging

• Freight delivery: ability to STD-COM PKG with MIL-STD-129 Markings?

• Min/max delivery order quantities and prices breaks and possible reasons for variations, and the potential for determining a fair market price.

• Production Lead-time.

Summary of information received:

Brighton Cromwell: Small business independent distributer, 83 employees, 3 year base period, requires annual adjustment, 2 option periods, prefers FFP, items are not commercial, GSA or price listed, willing to provide C/P data, for FOB price would include transportation, STD-COM PKG with MIL-STD-129 Markings, no min/max delivery order qty, willing to submit to GFAT/PLT testing.

General Motors: Large business manufacturer, 7,435 employees, number of base years does not affect price, will require an annual price adjustment, 2 option period, , prefers FFP, item is commercial, item is catalog/price listed, for FOB price would include transportation, STD-COM PKG with MIL-STD-129 Markings, no min/max delivery order qty willing to submit to GFAT/PLT testing.

Information received regarding the commerciality of the item(s): commercial invoices, online pricing. The market survey responses indicated that these items are both non-commercial and commercial. Additional research was conducted by the acquisition specialist using the internet, DCMA and with each Product Specialist of Record, this item is commercial.

Names of vendors that are expected to submit an offer is based on market survey response, sources sought response and past history:

Brighton Cromwell 3NNX8 General Motors 7X677

This list of vendors is comprised of any, or all of the following manufacturers, dealers, distributors, past awardees, small business representation for the applicable NAICs code, and/or other interested parties in response to the sources sought notice. These sources were contacted by the Strategic Sourcing Specialist based on their knowledge of the item(s), manufacturing source and previous and/or potential suppliers.

No J&As were found in the procurement history nor in Records Mgmt.

See Attachment for techniques used to conduct survey; types of information requested; summary of information received; and information received regarding commerciality of the item.

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.

A technical review was completed by the Product Specialists of Record. The subject NSN has been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is:

Vendor CAGE

General Motors LLC DBA General 7X677 Brighton Cromwell 3NNX8

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

The solicitation contains DLA Procurement Note M06, Evaluation of Offers for Part Numbered

Remarks: The buyer requested the Product Specialist provide specific characteristics that support the restrictive coding on the commercial item. Characteristics could not be identified and salient features are not available locally; therefore, the buyer must rely on the current restrictive AMSC/AMC coding. A breakout request was sent to Value Engineering (VE) and a 339 to ESA requesting salient features as “actions to overcome barriers to competition”. While breakout is ideal, the current course of action ensures our customer’s readiness. The buyer intends to move forward and will make adjustments to the procurement based on the results of the ESA referral if needed.I hereby certify that the information contained in this justification is accurate and complete to the best

COLE.D'JUANA

.L.1230260067

Digitally signed by

COLE.D'JUANA.L.1230260067

Date: 2019.04.10 09:50:25 -04'00' of my knowledge and belief. If not exceeding $700,000, this signature serves as the approval.

D’Juana L. Cole, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.04.10 10:30:15 -04'00' 4/10/2019

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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