SPE7LX19R0021_-_J&A_redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX19R0021

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

(May 2018)

[ X ] 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:

NSN

BRIEF

DESCRIPTION

ADQ

EST ANNUAL

DEMAND

VALUE (ADV)

EST 5 YEAR

Total

CONTRACT

MAXIMUM

AMC/AMSC

1005016061847 Mount, Sight, Small 24,291 3/Z 1005016149848 Larue, Throw Wrench 7,137 1/Z 1240015842735 Mount, Sight 271 3/D 1240016505791 Mount, Telescope 18 3/D 1240016505893 Mount, Telescope 44 3/D

Totals

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

WSDC WSDC Description C7N Navy Expeditionary Systems N8M Sight, Bore, Optical 9RM Sight, Thermal E7A Rifle, Sniper, XM2010 MEM Sightunit UAM Assault Rocker Launcher

ESTIMATED BASE VALUE: (5 year base with zero options) MAXIMUM CONTRACT VALUE: (ADV x 7)

DLA Land and Maritime, Maritime Supply Chain, proposes to enter into a new LTC to procure parts for which there are only a limited number of approved sources. This solicitation is for a Corporate Indefinite Quantity Contract (IQC) with a five (5) year base and zero (0) option periods. The overall project covers five (5) National Stock Numbers (NSNs) with a base period (5 years) estimated dollar value of and a contract maximum value of A listing of NSNs with the Acquisition Method Code (AMC) / Acquisition Method Suffix Code (AMSC) is attached in attachment 1. These NSNs support repairable items used on variants of Navy Expeditionary Systems, Thermal Sights, and Optics used by U.S. Military branches. These items will be procured on an “all or none” basis per NSN. These items have been determined to be commercial and will be procured under Federal Acquisition Regulation (FAR) Part 12 – Acquisition of Commercial Items.

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.

The items needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs. Austin Precision Products (086B5), Trijicon, Inc. (0FL29) and Remington Arms Company, LLC (3A703) are the only approved sources of supply for these NSNs.

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

Austin Precision Products (086B5), Trijicon, Inc. (0FL29) and Remington Arms Company, LLC (3A703) are the approved sources of supply. 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 owners (such as the U.S. Army or U.S. Navy) of the weapons systems 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. For this project though, Austin Precision Products (086B5), Trijicon, Inc. (0FL29) and Remington Arms Company, LLC (3A703) again are the only sources of supply that own the technical rights to supply these parts. Regarding NSN 1005016061847 (CLIN 0001), this item is a combination of commercial item LT729-125 wrench with a commercial item mount LT100. The combination of the devices and the differing of military packaging results in the creation of this LT799 kit part number and NSN. Regarding NSN 1005016149848 (CLIN 0002), this is a QD adjustment throw wrench that is over packed with commercial mounts and has specific military packaging. The other NSNs have similar characteristics (ex. Stretched versions or markings that pertain only to the military) that require that they can only be purchased from the approved sources of supply. There is no other way to promote competition at this time.

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

- Austin Precision Products (086B5) – CLINS 0001, 0002, 0003, 0004, and 0005

- Trijicon, Inc. (0FL29) – CLIN 0003

- Remington Arms Company, LLC (3A703) – CLIN 0002

The use of the authority cited below:

Buyers: Please delete the codes that do not apply, including this statement:

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

[ 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 D. The 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. AMCS 3, 4, or 5 are valid.

[ X ] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

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

[ X ] The acquisition will be synopsized on or about 16 Nov 2018.

[ X ] Dealers of the manufacturers will be solicited.

[ X ] Other. 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 & Maritime hosts supplier forums, 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.

It is anticipated that Cost or Pricing data IAW FAR 15.403-1(b)(3) will not be required based on the items being determined as commercial. Price analysis will also be conducted on comparison of the offer received with the past acquisition history, movement of the producer price index, and comparisons to the same or similar commercial items and invoices. Based upon the above techniques to be used, the Contracting Officer hereby anticipates costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

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

[ X ] A market survey was conducted on/during 08/07/18 to 08/14/18.

Total number of vendors contacted: Seven (7). Austin Precision Products (086B5); JGILS, LLC (1N8T8); Polar Net, LLC (72DM9); Wymint, LLC (7Q3D5); Tact360, Inc. (5NK26); Kampi Components (7Z016) and Trijicon, Inc. (0FL29).

Names of vendors contacted and responding: Only one (1) company (Austin Precision Products) responded to the market survey.

Techniques used to conduct survey: Email

Types of information requested: The market survey sought information on contractor’s interest in long term contract & number of years preferred, commerciality per FAR 2.101(b), FOB preference, business type (large, small, SDVOSB, WOSB), and willingness to provide cost or pricing data.

Additionally, a ‘Sources Sought’ notice was posted on FedBizOps on 08/07/18 until 08/14/18 with no other companies responding or showing interest in the project.

Summary of information received: Austin Precision Products indicated in their market survey that they are a small business manufacturer with a 150 employees. They are interested in pursuing a long-term contract

. These items are commercial with published price lists found on the Internet and additionally, . They are interested in all of the NSNs.

A Product Specialist reviewed these NSN’s during project creation and no other sources were found.

Information received regarding the commerciality of the item(s): The buyer/Contracting Officer did a search for the items on the internet and found multiple websites where the items could be bought, examples of websites offering the projects are: https://www.larue.com/products/lt644-qd-mount/ (NSN 1240015842735);

https://www.trijicon.com/na_en/products/product3.php?pid=TA31-D-100582 (NSN 1005016011847);

http://soldiersystems.net/2015/12/16/scout-sniper-mount-awarded-to-larue-tactical/ (NSN 1240016505791);

https://www.ebay.com/itm/LaRue-Tactical-LT135-Quick-Detach-SPR-M4-1-93-Inch-Rifle-Scope-Optic-Mount-

/263937681344?oid=282025426188 (NSN 1240016505893); https://www.larue.com/products/larue-tactical-armorers-tool/ (NSN 1005016149848). It is the Contracting Officer’s determination that these items are commercial per the definition of “commercial” found in FAR 2.101.

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.

Additionally, in an effort to obtain competition and satisfy FAR 10.001, the solicitation will be synopsized and a copy furnished to any vendor expressing interest. Additional sources may be identified by the DLA Land and Maritime – Office of Small Business Programs (DU) and Small Business Administration (SBA-PCR), and will be solicited when practicable.

10. A listing of sources, if any, indicating an interest in the acquisition is: Austin Precision Products (086B5).

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

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ X ] Source Development Review

There were no other previous LTC’s for these 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.

CLETUS M. SCHAFRATH

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

MARY E. SHEARER

Competition Advocate Signature

SCHAFRATH.CLET

US.M.1081024606

Digitally signed by

SCHAFRATH.CLETUS.M.108102

Date: 2018.11.27 10:28:52 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2018.12.03 16:43:07 -05'00'

MARK A. BROWN

Head of the Contracting Activity (HCA) Signature

APPROVAL REQUIREMENTS

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

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.1041175

Date: 2018.12.06 16:40:20 -05'00'