Redacted - J&A.pdf

Justification For Other Than Full and Open Competition Solicitation: SPE7LX-19-R-X108

[X] Original [ ] Addendum

1. Contracting Activity: The Defense Logistics Agency, (DLA) Land & Maritime, is the contracting activity.

2. Description of Action: The action being approved is for the acquisition of supplies on an Other Than Full and Open Competition basis.

3. Description of Supplies Required: The 2 NSNs referenced below for Project CL19056002 are in support of the M16 Rifle - Family of Weapons adapted for the United States military and are referenced in the images below.

NSN: 1005-01-625-4154 Item Name: Buttstock Adapter

NSN: 1005-01-625-4470 Item Name: Sling, Small Arms

The 2 NSNs required to meet the using activity’s needs are listed below and in the Technical Data Spreadsheet referenced in attachment #1. The proposed solicitation will be used to establish a Firm-Fixed-Price, Indefinite Delivery Contract (IDC) for a three-year (3-year) duration period, with two (2), one (1)-year option periods. As shown below, this acquisition has an estimated Annual Demand Value (ADV) of an estimated 3-Year Base Period Value and an estimated 5-Year Total Contract Value of . Additionally, this acquisition has a Contract Minimum Value of and a Contract Maximum Value which were determined by multiplying the ADV .

National Stock Number (NSN)

Estimated Annual Demand Value

Estimated 3-Year Base Period Value

Estimated 5-Year Total Contract Value

Contract Maximum Value

1005-01-625-4154

1005-01-625-4470

4. Authority Cited: This acquisition will be issued as an unrestricted procurement utilizing Other Than Full and Open Competition, per the authority cited at 10 United States Code 2304(c)(1), implemented by FAR 6.302-1 - “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” as Blue Force Gear, Inc., (hereinafter referred to as Blue Force), Commercial and Government Entity (CAGE) code, 3X9S8 is the only approved source of supply for these items.

5. Reason For Authority Cited: Blue Force is the original equipment manufacturer (OEM) and approved source for the 2 NSNs proposed to be acquired as a result of this IDC. The Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) are identified in the above referenced attachment and are referenced below.

The 2 NSNs within this project contain the following AMCs:

AMC 3: Acquire, for the second or subsequent time, directly from the actual manufacturer.

The 2 NSNs within this project contain the following AMSCs:

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.

For the items coded AMSC D, Blue Force is the only source that possesses the data necessary to produce these items.

Despite this IDC only being for stock replenishment, Blue Force has full knowledge and understanding of the relationship between these replacement parts used on military end items, and these are the only parts DLA can ensure will work properly in conjunction with the military end items. A unique feature of the Buttstock Adapter include the sling attachment point on top of a M16 A2/A4 buttstock, which keeps the weapon right side up during carry and prevents the weapon from flipping upside down. Further, the VS-A2 Adapter allows access to the cleaning kit “trap door” on the rear of the buttstock. Whereas unique features of the Sling, Small Arms include the contrasting color pull-tab on the proprietary quick adjuster that can instantly change the length of the sling to convert from carrying the weapon to a shooting position and quickly back again. When tightened, the sling has no excess webbing tail, springs, or moving parts that could fail, get tangled, or caught up in the weapon system.

6. Efforts to Obtain Competition:

[X] A Sources Sought Notice was posted to the Federal Business Opportunities website 7 May 2019 through 14 May

2019 to with no responses received back.

[X] The request sent to the DLA Small Business Office and the Small Business Administration yielded no additional sources identified.

[X] The requirement will be synopsized as required per FAR Subpart 5.2 via the Federal Business Opportunities website on or about 31 October 2019.

[X] Solicitation will be posted on the DLA Internet Bid Board System for a minimum of 15 days.

7. Fair and Reasonable Determination: To assist the Government in receiving the best available pricing for these items the Buyer will solicit with quantity ranges, which were derived from each NSNs applicable Quarterly Frequency Demand. As Certified Cost and Pricing Data is not required, additional pricing support data, such as commercial sales invoices may be required if determined necessary. As such, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research: In accordance with Procedures, Guidance and Information 206.302-1, a Sources Sought notice was posted to the Federal Business Opportunities website 7 May 2019 to which no responses were received back.

Additionally, in accordance with 10 U.S.C. 2304(f)(3)(D) market survey questionnaires and detailed item spreadsheets were sent by the Sourcing Strategy Branch (SAPD-ZAA) to the five (5) vendors below on dates ranging from 25 February 2019 to 1 April 2019. Buyer research prior procurement for these NSNs and determined no prior J&A documents are available as all buys have been under the Simplified Acquisition Threshold.

Techniques Utilized to Conduct Survey: The market research conducted consisted of telephone and email correspondence with appropriate representatives. The market surveys sent yielded a total of five responses.

Types of Information Requested: The market survey sought and gathered information regarding willingness to participate in a long-term arrangement, item commerciality, applicable quantity pricing, option periods, and option year pricing adjustments.

Summary of Market Research: As a result of the market surveys received, the five responses are summarized below.

ADS, Inc. - 1CAY9: The market survey was received back from of ADS on 26 March 2019 per attachment #2. From this reply, it was determined that ADS is a small business dealer for Blue Force Gear and is interested in this IDC. ADS has approximately 420 employees and does not have a parent company. ADS prefers a

. ADS also confirmed that these items are commercial per FAR 2.101(b) and would be willing to provide evidence of commercial sales and support needed to verify price reasonableness however; to date no documentation has been received.

Blue Force Gear, Inc. - 3X9S8: The market survey was received back from of Blue Force on 25 March 2019 per attachment #3. From this reply, it was determined that Blue Force is a small business manufacturer, is interested in this IDC, and has less than 100 employees. Blue Force would be agreeable to a

Blue Force also confirmed that these items are commercial per FAR 2.101(b) and would be willing to provide evidence of commercial sales and support needed to verify price reasonableness. This documentation was requested by the Buyer; however, to date no documentation has been received.

Despite this, all the vendors that responded to the market survey will be included on the bidders list.

Clyde Armory, Inc. - 4UW53: The market survey was received back from of Clyde Armory on 1 March 2019 per attachment #4. From this reply, it was determined that Clyde Armory is a small business dealer of Blue Force, is interested in this IDC, and has less than 30 employees.

lyde Armory also confirmed that these items are commercial per FAR 2.101(b), but did not state if they were willing to provide evidence of commercial sales and support needed to verify price reasonableness.

Defense Venture Holdings, LLC. - 72B58: The market survey was received back from of Defense Venture Holdings on 28 February 2019 per attachment #5. From this reply, it was determined that Defense Venture Holdings is a small business dealer of Blue Force, is interested in this IDC, and has 10 employees.

Defense Venture Holdings would be agreeable

Defense Venture Holdings confirmed that these items are commercial per FAR 2.101(b), and provided the website links to the online catalog of Blue Force, which provided the cataloged prices available to the public

Wymint, LLC. - 7Q3D5: The market survey was received back from of Wymint, LLC, on 29 March 2019 per attachment #6. From this reply, Wymint stated they are a small business manufacturer for these items, is interested in this IDC, and has four (4) employees. Wymint would be agreeable t

Wymint also confirmed that these items are commercial per FAR 2.101(b) but further stated they would not be willing to provide evidence of commercial sales and support needed to verify price reasonableness.

Commercial Information Received: The Buyer researched the website links provided by Defense Venture Holdings, as well as researched the commerciality utilizing the following methods, which provided the subsequent findings:

Per DLAD 12.102(a)(i)(S-91)(1)(i), the Buyer researched the General Services Administration (GSA) Advantage online catalogue and the AbilityOne Procurement List in accordance with FAR Subpart 8.0 and 8.7. Per attachment #7, this research confirmed that zero (0) NSNs were available for purchase through these methods

The Buyer researched the General Services Administration (GSA) Advantage online catalogue and the AbilityOne Procurement List in accordance with FAR Subpart 8.0 and 8.7, which confirmed that zero (0) NSNs were available for purchase through these methods.

The Buyer researched the online catalogue for Blue Force located at https://www.blueforcegear.com and per attachment #8; both NSNs are in fact listed within the online catalogue of Blue Force and are commercially available.

Commercial Item Determinations: In accordance with FAR 2.101 and FAR 10.002(b) a review has been conducted of the item descriptions to determine if commercial items or non-developmental items are available to meet the needs of the Government or could be modified to meet the needs of the Government. From the research methods accomplished, the 2 NSNs have been determined commercial per FAR 2.101(1)(ii) as, any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and has been offered for sale, lease, or license to the general public. Therefore, as an appropriate commercial determination has been made per the abovementioned findings, this project will be solicited utilizing FAR 13.5 - Simplified Procedures for Certain Commercial Items procedures.

9. Additional Facts Supporting Other than Full and Open Competition: 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. Furthermore, a Product Specialist within the Strategic Acquisition Program Directorate verified the assigned AMC/AMSC codes for the 2 NSNs designated to DLA Land and Maritime, were correct and verified the items are sole source to Blue Force, 22 March 2019 as referenced in attachment #9.

10. Sources Indicating Interest: Other than the sources, referenced below, no other sources other have expressed interest.

ADS, Inc. - 1CAY9 Blue Force Gear, Inc. - 3X9S8 Clyde Armory, Inc. - 4UW53 Defense Venture Holdings, LLC. - 72B58 Wymint, LLC. - 7Q3D5

11. Actions to Increase / Locate Additional Sources: As mentioned above, every effort will be made to obtain potential sources by synopsis through the Federal Business Opportunities website. Additionally, the solicitation will contain Procurement Note provisions, L04 - Offers for Part Numbered Items and M06 - Evaluation of Offers for Part Numbered Items. Any vendor that believes it can provide these NSNs while meeting the same requirements as the existing item should seek qualification as a secondary source through the Competition Management Office Source Approval Program at their own expense.

12. Certifications: As the Contracting Officer, I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

HEIDI E. TREADWAY

Contracting Officer Date of Approval Competition Advocate Approval / Certification I have reviewed and approve this justification. The estimated total value of this J&A is

Competition Advocate Date of Approval

Approval Requirements

(X) $700,000 to $13,500,000 Competition Advocate

Attachments:

1. Technical Data Spreadsheet

2. ADS - Market Survey Reply

3. Blue Force Gear - Market Survey Reply

4. Clyde Armory - Market Survey Reply

5. Defense Venture Holdings - Market Survey Reply

6. Wymint - Market Survey Reply

7. GSA Advantage & AbilityOne Research

8. Online Marketplace Research

9. Technical Justification Certificate

TREADWAY.HEI

DI.E.1299371855

Digitally signed by

TREADWAY.HEIDI.E.129937185

Date: 2019.11.07 08:02:10 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.11.18 16:41:52 -05'00'