J&A6.302-1_SPE7LX19R0030.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-19-R-0030

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

(May 2018)

ORIGINAL J&A

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:

CLIN NSN Brief Description AMC/AMCS ADQ Estimated ADV

0001 2530013948332 CHAMBER, AIR BRAKE 1/R 809

0002 2530015990028 HUB, WHEEL, VEHICULAR 3/C 34

0003 2530015990043 HUB, WHEEL, VEHICULAR 3/C 36

End Item description and Weapon System:

CLIN NSN WSDC End Item

0001 2530013948332 39A PATRIOT MISSILE

0001 2530013948332 XEA FMTV

0002 2530015990028 XEA FMTV

0003 2530015990043 XEA FMTV

These NSNs are for a firm fixed price Indefinite Quantity Contract (IQC) for a 3-year base period and two 1-year option periods that may be exercised at the discretion of the Government.

The total contract period will be five years, if the two options are exercised.

All these NSNs are for the Family of Medium Tactical Vehicles (FMTV). Crew-protecting armor and advanced technologies work in concert to provide the capability, versatility, mobility and protection to move troops and supplies, recover vehicles and weapon systems or haul equipment wherever the mission requires

The estimated base value is ____________, with an estimated total value (Base + Option) of _______________, and a maximum contract value of _____________.

4. The statutory authority permitting other than full and open competition is:

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.

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

The responsible sources listed below are the only approved sources of supply for these NSNs:

NSN Company CAGE Part Number

2530013948332 MERITOR HEAVY VEHICLE SYSTEMS LLC 78500 A11-3276-J-10

2530013948332 BAE SYSTEMS LAND ARMAMENTS L.P. 076M6 X24-3276J-10

2530013948332 BAE SYSTEMS TACTICAL VEHICLE 0FW39 X24-3276J-10

2530015990028 MERITOR HEAVY VEHICLE SYSTEMS LLC 78500 A3-333-A-4317

2530015990043 MERITOR HEAVY VEHICLE SYSTEMS LLC 78500 A5-333-F-4582

Meritor Heavy Vehicle System (78500), BAE Systems Land Armaments (076M6), and BAE Systems Tactical Vehicle (0FW39) 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 use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time. Three manufacturers are approved for NSN: 2530013948332. See table above listed on paragraph 5.

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer. One manufacturer is approved for NSN# 2530015990028 and 2530015990043. See table above listed on paragraph 5.

The use of the authority cited is based on:

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, and the data or knowledge is essential to maintaining the quality of the part. 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.

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights.

Each one of the Product Specialist of record for each NSN indicated that the AMC/AMCS code are correct and that Meritor Heavy Vehicle System (78500), BAE Systems Land Armaments (076M6), and BAE Systems Tactical Vehicle (0FW39) are the approved sources of supply for these NSNs. 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.

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

a. The acquisition will be synopsized on or about February 15, 2019, and will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate offeror’s supplying a source approval package that is approved by the ESA before award will be evaluated for this procurement.

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

Past procurement, history will be reviewed and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis; analysis of the prices in the commercial market place plus other than cost or pricing data will be request if needed.

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed these NSNs for the project during project creation, and no new sources were found. A Sources Sought notice was posted May 11, 2018 and on January 28, 2019, in FedBizOpps for 10 calendar days to find potential sources for these NSNs and no company responded.

b. A market survey was conducted on/during 5/11/18 – 9/10/2018.

c. Total number of vendors contacted: 6

d. Names of vendors contacted:

i. HDT Vehicle Component Sales, Inc. (1SER6)

ii. BAE Systems Tactical Vehicle (0FW39)

iii. Oshkosh Corporation (45152)

iv. Janel Industries (3B8L1)

v. CBT Corporation (4N361)

vi. BAE System Land Armaments (076M6)

vii. Meritor Heavy Vehicle (78500)

e. Total number and names of vendors that responded to market survey: 1

i. HDT Vehicle Component Sales, Inc. (1SER6)

f. Techniques used to conduct survey: emails, FedBizOpps, Market survey questionnaire and attachment and follow-up phone calls.

g. Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

h. Summary of information received: See below.

i. The Strategic Sourcing Specialists attempted to conduct market research with the following companies to assess their interest and capability to perform: HDT Vehicle Component Sales, Inc. (1SER6), BAE Systems Tactical Vehicle (0FW39), Oshkosh Corporation (45152), Janel Industries (3B8L1), CBT Corporation (4N361), BAE System Land Armaments (076M6), and Meritor Heavy Vehicle (78500)

Company Name

CAGE

CODE

Business Size

KTR Interested in an LTC

KTR

Agrees to a 3-Yr. Base and 2- Option

Yrs.

w/Annual

Price Adjustment

KTR

Prefers a

Firm Fixed Price

Contract

KTR Will Provide Cost &

Price Data if Required

Phased Delivery

Comm.

Item

HDT Vehicle Component Sales, Inc. 1SER6 Small Business BAE Systems Tactical Vehicle 0FW39 Large Business

Oshkosh Corporation 45152 Large Business Janel Industries 3B8L1 Small Business

CBT Corporation 4N361 Small Business BAE System Land Armaments 076M6 Large Business

Meritor Heavy Vehicle 78500 Large Business

j. Information received regarding the commerciality of the item(s): HDT Vehicle Component Sales, Inc. indicated that NSNs are commercial. These NSNs were searched in the Internet and no information about commerciality was found. HDT did not provided unredacted commercial invoices as requested to determine the commerciality of the items.

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

a. 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.

b. A technical review was completed by the SAPD product specialist group for these NSNs.

The subject NSNs 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: (If none, so state) HDT Vehicle Component Sales, Inc. (1SER6) was the only company that responded to the market survey and expressed an interest in the acquisition. As such, this company will be in the solicitation mailing list.

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items

SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. The solicitation will contain procurement note 217-9023 Restriction of Alternate Offers for Source Controlled Items (April 2017).

c. The buyer was not able to locate a copy of a previous J&A’s statement in the SRM

Records Management database and no statement of actions was planned to remove or overcome any barriers for competition.

d. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

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.

SCHAFRATH.CLETUS.

M.1081024606 Contracting Officer

Digitally signed by

SCHAFRATH.CLETUS.M.1081024606

Date: 2019.03.01 07:44:12 -05'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

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

SHEARER.MARY.E.125 Digitally signed by

0702449

SHEARER.MARY.E.1250702449

Date: 2019.03.07 13:21:24 -05'00'