SPE7LX20R0069 - JA for synopsis.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX20R0069

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

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This indefinite quantity contract (IQC) solicitation is for NSN 2540013763998 (HANDLE,DOOR,VEHICULAR) and NSN 2540013763999 (HANDLE,DOOR,VEHICULAR) and shall be a firm fixed price (FFP) long-term contract (LTC) which includes a three-year base period and two one-year option periods, which will be extended in one-year increments at the discretion of the Government.

2. The solicitation will be issued under FAR 12- Acquisition of Commercial Items. The Contracting Officer has determined these items meet the commercial of-a-type definition at FAR 2.101(1)(i) 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 sold, leased, or licensed to the general public. The subject items are similar (same function as) door handles that are customarily used by the general public on STEYR commercial truck model ranges 18D14 to 18S26.

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

4. The supplies required to meet the using activity’s needs are described as follows:

CLIN NSN Item Unit AMC AMSC ADQ ADV

0001 2540013763998 HANDLE,DOOR,VEHICUL EA 1 B 1739

0002 2540013763999 HANDLE,DOOR,VEHICUL EA 1 B 1843

Identify end item, weapon system, or class of item: FAMILY OF MEDIUM AND LIGHT TACTICAL VEHICLES (FMTV)

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (3-YEAR BASE + 2 ONE-YEAR

MAXIMUM CONTRACT VALUE:

5. 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.

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

CLIN NSN CAGE COMPANY PART NUMBER

0001 2540013763998

076M6

0FW39

2172N

BAE SYSTEMS LAND ARMAMENTS L.P.

BAE SYSTEMS TACTICAL VEHICLE

MAN NUTZFAHRZEUGE OESTERREICH

81.62641-6103 81.62641-6103 81.62641-6103

0002 2540013763999

076M6

0FW39

2172N

BAE SYSTEMS LAND ARMAMENTS L.P.

BAE SYSTEMS TACTICAL VEHICLE

MAN NUTZFAHRZEUGE OESTERREICH

81.62641-6104 81.62641-6104 81.62641-6104

The use of the authority cited below:

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

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.

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

For NSN2540013763998 and 2540013763999, the source control drawing identifies only BAE Systems and MAN Nutzfahrzeuge Oesterreich as approved sources for these NSNs. Only BAE Systems and MAN Nutzfahrzeuge Oesterreich parts have been approved for military use on the FMTV; these parts are designed, engineered and tested to meet the required performance characteristics specifically for the FMTV. The material, unit weight, and the mechanical properties of the handles are not mentioned on the drawing thereby making it a sole source drawing. The FMTV is a tactical truck, which implies that the handle must be strong enough to bear battlefield/off-road environments, camouflage requirements, and to take hits from small arms. Similar commercial truck handles could meet the off-road requirements, but may not take a hit from small arms. Any after-market or alternate source parts would have to be reviewed on a case by case basis and evaluated by the Engineering Support Activity (ESA). Using unapproved parts could potentially compromise the normal operation/function and safety of the vehicle and its occupants/troops. It is essential that this item be obtained from the approved sources of supply or their distributor(s) to assure the vehicle remains reliable and safe.

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

• A sources sought notice was issued on Fed Biz Ops on September 17, 2019 for a period of days.

• The acquisition will be synopsized in Fed Biz Ops on or about January 30, 2020 for a period of 15 days.

• Market research was conducted to obtain interest in the acquisition.

• Solicitation will be posted on Fed Biz Ops and the DLA Internet Bid Board System (DIBBS).

• Dealers of the manufacturers will be solicited.

I hereby determine that the anticipated cost to the Government will be fair and reasonable. It is the Contracting Officer’s determination that both items fall under the commercial item definition at FAR 2.101 (1)(i) 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. Cost and Pricing Data is not required per FAR 15.402-1 (b) (3).

These items are solicited in accordance with FAR 12—Acquisition of Commercial Items. The Contracting Officer will use historical prices, market prices (i.e. comparison based on marketplace or offers/pricing to other customers), market research, and/or pricing information provided by offerors, the DLA Land and Maritime Pricing Office, and the Defense Contract Management Agency (DCMA) Commercial Item Group (CIG).

Market Research/Efforts to Obtain Competition:

A sources sought notice was issued on Fed Biz Ops on September 17, 2019, for a period of seven days. There were no responses to this notice. A market survey was not sent directly to MAN Nutzfahrzeuge Oesterreich (approved source), because they quote through dealers rather than directly to the Government. Market surveys were sent to JML Logistics (dealer for MAN) and BAE

Systems (approved source). The companies were asked to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones, and addressed the consolidation requirements. See below for a synopsis of the responses received.

BAE Systems Land & Armaments L.P. (076M6)–

• , Customer Service Analyst Sr., responded “We recommend contacting the most current supplier, cage code

6NRE7.”

JML Logistics (6NRE7)-

• Small business distributor

• Is interested in pursuing a Long-Term Contract for both items

• Responded that the items are not commercial

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

Additional Market Research for Commerciality:

The Contracting Officer contacted JML Logistics to obtain more information in regards to the commerciality. JML requested information from their overseas automotive distributor. This company responded that the manufacturer, MAN, would never being willing to give out their customer information, but that they do know that they handles were / are used in "normal" commercial vehicles and not only in military vehicles. They said they were trying to get a list of the type of vehicles / applications for these handles but unfortunately the MAN partner is currently on vacation. No additional information was ever submitted.

The Contracting Officer requested assistance from the DLA Land and Maritime Pricing Officer and DCMA CIG. The DCMA CIG performed a technical assessment to evaluate the commerciality of the door handles. They reviewed the drawings and conducted market research and provided a commercial recommendation. The DCMA Contracting Officer stated the subject items are similar (same function as) door handles that are customarily used by the general public.

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

[X] Based upon the technical certification by DLA Land and Maritime – VEP dated September 17, 2019, 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. These parts require engineering source approval by the design control activity in order to maintain 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) JML Logistics (6NRE7)

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

[X] L22 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE CONTROLLED ITEMS

12. The buyer searched the previous awards listed in the contract history in Records Management in EProcurement for previous J&A’s, as required by DFARS PGI 206.304, and the previous J&A for each NSN is attached.

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.

BRANDY WARNER, Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate Signature

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.125

1897880 Date: 2020.02.07 15:10:53 -05'00'

SHEARER.MARY

.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.02.11 14:54:43 -05'00'