J&A6.302-1SPE7LX19R0017.pdf

SPE7LX-19-R-0017

Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

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:

The subject solicitation is for a Single-NSN 5-year IDC project for DLA Land & Maritime CORE NSN 1005-01-563-8451 (BIPOD, RIFLE) with an ADQ of 5729. This item is a rifle bipod used on US and Foreign Military M4 carbine and M16 rifles. The AMC/AMSC is 3/B (source control) with estimated values as shown below.

ICP: DLA Land & Maritime

ESTIMATED ADV:

ESTIMATED TOTAL VALUE (3-Year+ 2 Options):

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.

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

Grip Pod Systems International (4CAW0)

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 manufacturer.

The use of the authority cited is based on:

(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.

Per the approved manufacturer part list for NSN 1005-01-563-8451 in SAP (as received from the Defense Logistics Information Service), Grip Pod Systems Int. (4CAW0) is the only approved manufacturing source specified on the source controlled drawing (19200) 13014772 and technical data is not available to permit acquisition from other sources. The material being acquired from Grip Pod Systems is the “GPS-02” model which is their military variant grip, which is similar to the commercial variants sold under other Grip Pod model numbers GPS-LT and GPS-V2. The GPS-02 was developed specifically for the military to be used in combat situations with reinforced polymer coated stainless steel deployable bipod legs not found on the commercial models and the ability to fit with the M4 carbine and M16 rifle, which are not utilized in the similar commercial bipods. Therefore, although this item is commercial, for the reasons discussed above, it is necessary that the item only be acquired from the approved source, as Grip Pod Systems is the only source that can meet the Government’s requirements.

This item was determined commercial of a type with minor modifications of a type not customarily available in the commercial marketplace and meets subparagraph (3)(ii) of the commercial item definition in FAR 2.101.

The Acquisition Specialist initially requested the available salient characteristics for NSN 1005-01-563- 8451 from SAPD Product Specialist who referred to DLA Small Arms Team PSOR who issued 339 DSCC-FL-19-05098 to the ESA. The ESA responded that “Source control top drawing with only one source”. The Contracting Officer referred this on to DLA Land & Maritime Value Engineering (VE) for salient characteristics and Engineer advised after discussions with ARDEC Engineer on 2/20/19 that the Army procures this source control item I/A/W performance specification MIL-PRF-32366 evaluating alternate offers accordingly and that acquisition via Brand Name or Equal would not be acceptable under this situation and no salient characteristics were provided. reviewed the technical information on 12/19/18 as complete and set-up the updated TDP with approved source, item description, tech/quality and AMC/AMSC coding (3/B).

The approved source information for this NSN called-out per drawing (19200) 13014772 is as follows:

NSN ITEM APPROVED

CAGE COMPANY NAME APPROVED

PART#

1005-01-563-8451 Bipod. Rifle 4CAW0 Grip Pod Systems Int. GPS-02

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

(x) The acquisition will be synopsized prior to solicitation issue.

(x) Dealers of the manufacturer will be solicited.

(x) Other. (Explain) DLA Land & Maritime Branch ZAA issued a Sources Sought Notice 10/24/17 closing 10/31/17 with no response. ZBB Branch issued a second Sources Sought Notice to FedBizOps on 10/15/2018 and closed 10/22/2018 with a response from (33579) Straton Industries requesting to be on mail list..

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

The basis for the Government’s fair and reasonable price determination is anticipated to be PPI based price analysis and/or the analysis of other than cost or price data such as informal cost break-downs and/or material invoices with final negotiated pricing reviewed in comparison with recent past buy history and publically available commercial market pricing.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Other market research efforts include: A review of the purchase history, coordination with the DLA Land and Maritime Small Business Office. Two (2) Sources Sought Notices were posted to www.fbo.gov with a single response received from Straton Industries (33579) a known military manufacturer expressing interest in being included on the solicitation mailing list and were advised that upon issuance of the RFP they will receive all applicable terms and conditions along with TDP access instructions. DLA ZAA & ZBB Branch conducted formal market research and survey with dealers of the approved manufacturer Grip Pod Systems (4CAW0).

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

A market survey was conducted on/during: 10/20/2017 to 3/6/2019.

Total number of vendors contacted: ___3_____.

Names of vendors contacted: Grip Pod Systems (4CAW0), US Tactical Supply (1T5U0) and Atlantic Diving Supply (1CAY9) Names of vendors providing survey responses: US Tactical Supply (1T5U0) and Atlantic Diving Supply (1CAY9) Techniques used to conduct survey: _______Formal Market Survey, email and telephone.

Types of information requested: __________See Survey Results included_______________.

Summary of information received: See Survey Results included.

Information received regarding the commerciality of the item(s): See Survey Results

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: US Tactical Supply (1T5U0), Atlantic Diving Supply (1CAY9), and (33579) Straton Industries.

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

**On 01/09/2019 the Contracting Officer was advised by of DLA Land & Maritime Value Management (VEE) that they have no open projects at this time for this NSN.

In accordance with the requirement of DFARS PGI 206.303-2 to 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, the buyer attempted to obtain a copy of the previous J&A from Contract SPE7LX-14-D0041; however there was no J&A available in that contract file so it could not be provided.

Market Research / Survey Summary

Market Survey Results: The market research for this project was conducted by the Acquisition Specialist with ZAA & Contracting Officer of ZBB Branch. Formal market survey was conducted with dealers of the approved source US Tactical Supply (1T5U0) and Atlantic Diving Supply (1CAY9) with all responses and clarifications received by 3/6/2019 and summarized as follows.

The Contracting Officer contacted approved source Grip Pod Systems (4CAW0) on 3/6/2019 who declined to participate in the solicitation and survey, but provided some additional market research outlined in the summary of the market survey results documented below.

1. US Tactical Supply (1T5U0) is a small business dealer of Grip Pod Systems (4CAW0) and is located in Albany, Oregon with seven (7) employees and designated a HUB Zone small business by the Small Business Administration.

Initial survey response was received from US Tactical Supply Company on 10/20/2017. DLA Land & Maritime ZBB Branch conducted follow-up and clarification discussions with on 10/24/2018 seeking continued interest and supporting commercial sales data.

These discussions were completed on 10/24/2018 indicating the following key information.

i. Interested in a Long Term Contract

ii. NSN 1005-01-563-8451 is a part sold commercially for use on small arms

AR-15 and AR-10 which are commercially similar to the military M-4 and M-16.

iii. Has no parent company.

iv.

2. Atlantic Diving Supply (ADS) (1CAY9) is a small business dealer of Grip Pod

Systems (4CAW0) and is located in Virginia Beach, Virginia. Initial survey response was received from of ADS on 03/06/2019. Discussions with ADS were completed on 03/06/2019 indicating the following key information.

i. Interested in a Long Term Contract

ii. NSN 1005-01-563-8451 is a part sold commercially and holds the active

IDIQ contract for this item under SPE7LX14D0041 expiring May 21, 2019.

3. Grip Pod Systems International (GPSI) (4CAW0) is a small business manufacturer with production facilities in Jacksonville, FL. Grip Pod declined to participate in the Government’s market survey and solicitation and directed the Government to solicit one of their authorized distributors. Grip Pod did however provide some background information on the item being acquired under this project on 03/06/2019. Research data was provided by company president and indicated the following key information.

i. The GPS-02 bipod is manufactured on the same production line using the same materials, production equipment, and technical expertise as their commercially available bipods sold under GPS-LE, GPS-V2, and GPS-CL

ii. NSN 1005-01-563-8451 is a part sold commercially through a network of authorized distributors.

NSN: 1005-01-563-8451

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge.

__________________________________________ 2-0639_____________________ Contracting Officer Phone Date

Scott D. Knowles_____________________________ Typed name of Contracting Officer

Approval/Certification

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

Mary E. Shearer Date DLA Land & Maritime - Competition Advocate

APPROVAL REQUIREMENTS

( x ) Up to $700,000 Contracting Officer ( x ) $700,000 to $13,500,000 Competition Advocate

4/2/19

KNOWLES.SCOTT.

D.1251897480

Digitally signed by

KNOWLES.SCOTT.D.1251897480

Date: 2019.03.28 15:30:05 -04'00'

3/28/2018

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.04.02 08:26:53 -04'00'