SPE7LX21R0039 - JandA redacted.pdf

For Official Use Only Source Selection Information

See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-0039

[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:

This project will allow for continued support to the Global Tire Program (GTP). The scope of this solicitation and resulting contract(s) is GTP contractor and Government supply support for part-number ground tires.

This solicitation is being issued under the authority of 10 U.S.C. §2304 (c)(1) and FAR

6.302 -1(a)(2) and contemplates the award of a contract for items of supply that are available from only one or a limited number of responsible sources. The Government will pursue a long-term, firm-fixed price, Requirements Contract(s) for 23 NSNs.

Contract Line Item Number

(CLIN) NSN

All or None or Split Award Candidate ITEM

Acquisition Method

Code (AMC) / Acquisition

Method Suffix Code

(AMSC) Unit Price

Annual Demand Quantity

(ADQ)

Annual Demand Value (ADV) 3-Year Value

0001 2610002628653 All or None TIRE,PNEUMATIC,VEHI 3/C 754

0002 2610002628677 All or None TIRE,PNEUMATIC,VEHI 1/C 2350

0003 2610006781363 All or None TIRE,PNEUMATIC,VEHI 1/C 142

0004 2610012141344 Split TIRE,PNEUMATIC,VEHI 2/C 1287

0005 2610012293457 All or None TIRE,PNEUMATIC,VEHI 3/D 182

0006 2610013234813 Split TIRE,PNEUMATIC,VEHI 3/C 1184

0007 2610013251934 Split TIRE,PNEUMATIC,VEHI 2/C 595

0008 2610013321564 All or None TIRE,PNEUMATIC,VEHI 1/C 14

0009 2610013342694 Split TIRE,PNEUMATIC,VEHI 1/C 10771

0010 2610013569098 Split TIRE,PNEUMATIC,VEHI 1/C 7255

0011 2610013645044 All or None TIRE,PNEUMATIC,VEHI 1/C 1490

0012 2610013737294 All or None TIRE,PNEUMATIC,VEHI 1/C 3

0013 2610014315119 All or None TIRE,PNEUMATIC,VEHI 1/C 983

0014 2610014520605 All or None TIRE,PNEUMATIC,VEHI 1/C 448

0015 2610014655823 All or None TIRE,PNEUMATIC,VEHI 1/C 1908

0016 2610015004505 All or None TIRE,PNEUMATIC,VEHI 1/C 853

0017 2610015256667 All or None TIRE,PNEUMATIC,VEHI 1/C 71

0018 2610015278260 All or None TIRE,PNEUMATIC,VEHI 3/C 1362

0019 2610015525577 Split TIRE,PNEUMATIC,VEHI 1/C 532

0020 2610015618321 All or None TIRE,PNEUMATIC,VEHI 1/C 152

0021 2610015646172 All or None TIRE,PNEUMATIC,VEHI 3/C 799

0022 2610015726017 All or None TIRE,PNEUMATIC,VEHI 3/C 668

0023 2610016581299 Split TIRE,PNEUMATIC,VEHI 1/C 3054

See FAR 2.101 and 3.104

CLIN NSN

WEAPON SYSTEM

DESIGNATOR

CODE WEAPON SYSTEM

0001 2610002628653 A2A 12 TON SEMI TRAILER STAKE

0002 2610002628677 6DM HOWITZER,LIGHT,TOWE

0003 2610006781363 NONE MILITARY LIGHT TRUCK

0004 2610012141344 79A TRUCK, 5-TON M939 SERIES

0005 2610012293457 SGM

TRUCK, AIRCRAFT CRASH/STRUCTURE

FIREFIGHTING (A/332P-19A)

0006 2610013234813 L2A

MIXER,CONCRETE,TRAILER

MOUNTED,(PCM),PORTABLE CONCRETE

MIXER

0007 2610013251934 FYA TRAILER, SEMI (M172A1)

0008 2610013321564 73A TRUCK, M-915 SERIES, M-916A1 (LET)

0009 2610013342694 72A

TRUCK, HEAVY EXPANDED MOBILITY

TACTICAL (HEMTT)

0010 2610013569098 QWM

5 TON MEDIUM TACTICAL VEHICLE

TRAILER (MTVT)

0011 2610013645044 NONE M911 TRACTOR (HET)

0012 2610013737294 GFA TRUCK, CARGO, 5-TON, 6X6, XLWB W/E

0013 2610014315119 1RN TRUCK, STAKE

0014 2610014520605 35A HOWITZER, 155MM, M-198

0015 2610014655823 73A TRUCK, M-915 SERIES, M-916A1 (LET)

Contract Line Item Number (CLIN) Source Part Number Source Part Number Source Part Number Source Part Number

0001 Titan T ire (08SN2) 373-269

0002 STA (66798) ML5CB Titan T ire (08SN2) 373-248

0003 STA (66798) LN27C

0004 Michelin 59177 Michelin 71701 Goodyear 152-705-961 Oshkosh 3106046

0005 Michelin 30079 Goodyear 152-554-069 Bridgestone 419303

0006 Michelin 82636 22337 000-310

0007 Michelin 70667 Goodyear 135-576-003

0008 Michelin 30668 Bridgestone 289779

0009 Michelin 06306 Goodyear 155-022-003 Navistar 6490373267 Oshkosh 1716220

0010 Michelin 99131 Goodyear 159-002-710-0 Goodyear 159-900-710-0

0011 Michelin 02518 Michelin 93770 Bridgestone 423831

0012 Michelin 62301 Bridgestone 281-573 Goodyear 138-382-231-T

0013 Michelin 61737 and 723124 Bridgestone 192982 Goodyear 756-067-263 and 756-780-567

0014 Michelin 53779 Bridgestone 287-938 Goodyear 756-513-422

0015 Michelin 85335 Goodyear 138-127-576-0 Goodyear 138-864-662-0

0016 Michelin 83691 Goodyear 756-012-365

0017 Goodyear 724-864-519 Goodyear 762-176-406

0018 Michelin 37984 General Dynamics Land10555681

0019 Michelin 54331 Goodyear 159-902-710

0020 Goodyear 138-057-363 Navistar 6350178104

0021 Goodyear 159-002-710-C Goodyear 159-900-710-C

0022 Michelin 395/85R20XZL+LRJ Michelin 94675

0023 Michelin 65177 Goodyear 159-002-710-F Goodyear 159-900-710-F

See FAR 2.101 and 3.104

0016 2610015004505 39A MISSILE, PATRIOT

0017 2610015256667 AGF MIDS JTRS AN/USQ190

0018 2610015278260 VMM LAV, ANTI-TANK

0019 2610015525577 18M

MINE RESISTANT VEHI (TAMCN: D00257K)

(MRAP)

0020 2610015618321 MRA

THIS WILL BE THE PARENT WSDC FOR

ALL ARMY MRAP WSDCS

0021 2610015646172 3OM LAUNCHER, ROCKET, HIG

0022 2610015726017 XEA

FAMILY OF MEDIUM AND LIGHT

TACTICAL VEHICLES (FMTV)

0023 2610016581299 XEA

FAMILY OF MEDIUM AND LIGHT

TACTICAL VEHICLES (FMTV)

A contract resulting from this solicitation will provide supply support to the GTP contractor pursuant to FAR Part 51 and may provide direct supply support to the Government.

The Federal Supply Group (FSG) for these NSNs is 26 (Tires and Tubes), which represents the commodity class of the item.

The Acquisition Method Code/Acquisition Method Suffix Code (AMC/AMSC) for these NSNs is either 1/C, 2/C, 3/C or 3/D.

The proposed action for the solicitation and award of a three (3) year, Firm Fixed Price (FFP) Requirements Long-Term Contract (LTC). The contract(s) would consist of one three-year base period with no options. The estimated contract values are below:

• Annual Demand Value (ADV):

• 3-Year Value (ADV*3):

• Total Value:

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

10 U.S.C. 2304(c)(1)

(c) The head of an agency may use procedures other than competitive procedures only when-

(1) The property or services need by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services with satisfy the needs of the agency.

The Government requires tires that are form, fit and functionally interchangeable with those currently used on the supported vehicles. These tires require engineering source approval by the design control activity in order to maintain the quality of the part.

The use of Brand Name or Equal cannot be utilized to maximize competition as these tires are required to be tested and approved in accordance with SAE J2014 for military tactical wheeled vehicles.

The tires can only be purchased from the OEM/approved sources for these tires. The approved sources are the only known sources with the data or data rights necessary to manufacture these tires to meet the military customer requirements, and ensure form, fit and function interchange with the tires currently on the supported vehicles.

The use of the authority cited in other than 10 U.S.C. 2304(c)(1) above:

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

AMC 2. Suitable for competitive acquisition for the first time.

See FAR 2.101 and 3.104

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

The use of the authority is based on:

AMSC C (22 NSNs). 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. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid. The sources listed above are the only approved sources, and they are the only known sources to own or possess the technical data necessary to manufacture this item.

AMSC D (one NSN). 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. The Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. For the NSN listed above, the sources listed above are the only approved sources for these items because they are the only known sources with the data necessary to manufacture the items.

The confirmation of sources listed above was completed during the technical review of these items on 6/15/20 and 12/29/20, by the Product Specialist, . Please also note that the Product Specialists confirmed that the technical data, including the AMSC codes in addition to the approved sources, is accurate and there are no open 339s for these items. Based on the limited data the Government possesses, only the approved sources listed above can meet the Government’s minimum needs for these items. 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: The synopsis will be posted on the beta.SAM.gov website for a period of 30 days and will run concurrently with the solicitation.

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

Certified Cost or Pricing Data is not required per FAR 15.402-1 (b) (3) for the items listed above.

These items are solicited I/A/W FAR 12—Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will

See FAR 2.101 and 3.104 determine that the contract award prices are fair and reasonable in accordance with FAR Subpart

15.4. If other than certified cost or pricing data cannot be obtained, at a minimum, the Contracting Officer shall determine the prices fair and reasonable based on price analysis of the proposed prices compared to the historical prices paid for all items; however, competition is expected for this acquisition.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, which included a market survey, was posted on the beta.SAM.gov website from 6/17/20, to 7/15/20, but no responses were received. Interested parties were asked to return a completed survey to the Contracting Officer. In addition, a copy of the market survey was e-mailed to 41 potential sources:

Goodyear, Michelin, Pomp’s, Bridgestone and Snider completed and returned the market surveys.

Government Entity (CAGE) Business Size Name CAGE Anthony Balser 5CAZ4 Small Dealer Anthony Balser 5CAZ4 B and S Transport 1BS99 Small Dealer B & S TRANSPORT, INC 1BS99 Brackett Aircraft 56833 Small Manufacturer BRACKETT AIRCRAFT COMPANY, INC. 56833

Bridgestone America – GR Tire 073A9 Large Dealer

BRIDGESTONE AMERICAS TIRE

OPERATIONS, LLC DBA GCR TIRES & SERVICE 291 073A9

Bridgestone Aircraft Tire, USA, Inc. 1D6A4 Bridgestone Americas Tire 22337 Large Manufacturer BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC 22337 Camso USA Inc. 0YGF3 Small Manufacturer CAMSO USA INC 0YGF3 CAP 360 6PTPO Small Dealer CAP 360 LLC 6PTP0 Clark Equipment 1QK63 Large Manufacturer CLARK EQUIPMENT COMPANY (BOBCAT) 1QK63 CNH Industrial America LLC 10988 Large Manufacturer CNH INDUSTRIAL AMERICA LLC 10988 Colony Tire Corporation 3JME8 Small Dealer COLONY TIRE CORPORATION 3JME8 Continental Tire 73808 Large Manufacturer CONTINENTAL TIRE THE AMERICAS, LLC 73808 Critical Solutions International 1N5S7 Large Manufacturer CRITICAL SOLUTIONS INTERNATIONAL, INC. 1N5S7 Deval 11201 Small Manufacturer DEVAL LIFE CYCLE SUPPORT, LLC 11201 Desser Tire & Rubber Co , LLC large dealer 091X8

DUNLOP AIRCRAFT TYRES INC. DUNLOP AIRCRAFT TYRES INC. 7JGG5

Fast Global Solutions, Inc. 5T389 Small Manufacturer FAST GLOBAL SOLUTIONS, INC. 5T389

GOODRICH CORPORATION GOODRICH CORPORATION 13002

Goodyear Tire and Rubber – Air 04NP4 Large Manufacturer

GOODYEAR TIRE & RUBBER COMPANY, THE DBA

GOODYEAR DIV GLOBAL AVIATION TIRES 04NP4

Goodyear Tire and Rubber – Ground 04NP3 Large Manufacturer

GOODYEAR TIRE & RUBBER COMPANY, THE DBA

GOODYEAR DIV GROUND VEHICLE TIRES 04NP3

Hankook Tire America Corp. 5FAD7 Large Manufacturer HANKOOK TIRE AMERICA CORP 5FAD7 Hutchinson Industries, Inc. 62161 Large Manufacturer HUTCHINSON INDUSTRIES, INC. 62161 Hydraulics International, Inc. 56529 Large Manufacturer HYDRAULICS INTERNATIONAL, INC. 56529 Kampi Components 7Z0016 Small Dealer KAMPI COMPONENTS CO., INC. 7Z016

LYNN ELECTRONICS, LLC LYNN ELECTRONICS, LLC 19151

MEGGITT AEROSPACE LTD MEGGITT AEROSPACE LTD K1037

Michelin North America 0A1K8 Large Manufacturer

MICHELIN NORTH AMERICA, INC. DBA MICHELIN

AIRCRAFT TIRE COMPANY DIV MICHELIN

AIRCRAFT TIRE COMPANY 0A1K8

Michelin North America 12195 Large Manufacturer MICHELIN NORTH AMERICA, INC. 12195 Omaha Airplane Supply Co. OMAHA AIRPLANE SUPPLY CO. 5J309 PDI Ground Support Systems PDI GROUND SUPPORT SYSTEMS, INC. 0W357 Pioneer Industries, Inc. 66200 Small Dealer PIONEER INDUSTRIES, INC. 66200 Pomp’s Tire Service 1T1Z4 Large Dealer POMP'S TIRE SERVICE, INC.. 1T1Z4 Sigma Technologies 6VFM4 Small Dealer SIGMA TECHNOLOGIES, LLC 6VFM4 Snider Fleet large business dealer 3BGC0 Southern Tire Mart 3RRT3 Small Dealer SOUTHERN TIRE MART, LLC 3RRT3 Specialty Tires of America, Inc. 66798 Small Manufacturer SPECIALTY TIRES OF AMERICA, INC. 66798

SYN-TECH SYSTEMS, INC SYN-TECH SYSTEMS, INC 56672

Tina's Tires, Inc. TINA’S TIRES, INC. d/b/a D & W TIRES DIRECT, LLC Titan Tire Corp 08SN2 Large Manufacturer TITAN TIRE CORPORATION 08SN2

Tug Technologies, Corp. 4TVG2 Large Manufacturer TEXTRON GROUND SUPPORT EQUIPMENT INC. - large 4TVG2 Wheeler Brothers 55683 Small Dealer WHEELER BROS., INC. 55683

See FAR 2.101 and 3.104 unavailable for commercial purposes. The definition of Commercial, as found in FAR Subpart 2.101, states "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 purpose." Clearly, a tire used by the military is "of a type" as a tire used commercially. The difference may simply be the size or perhaps a more stringent specification, but nevertheless, these NSNs meet the definition of commercial.

In addition to independent research, the Contracting Officer conducted market research analysis I/A/W FAR 12.1 by submitting a market survey to industry (tire manufacturers and distributors).

Industry was asked whether each NSN constituted a commercial item, as defined in FAR 2.101. All of the vendors indicated, in their market survey responses, that all of products listed for this proposed solicitation are commercial. The manufacturers make both commercial and non-commercial tires, thus further solidifying the “of a type” application herein. Accordingly, the acquisition specialist is able to conclude that the tires subject to this requirement fall under the FAR commerciality definition “of a type” language, referenced above. Therefore, this acquisition will proceed in accordance with FAR Part 12-Acquisition of Commercial Items procedures.

9. Additional facts supporting other than full and open competition are: Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available for these CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, these items are subject to the following methods of locating additional sources: The solicitation contains L04 – Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items.

11. These items were previously awarded from solicitation SPE7L1-18-R-0026 on the LTCs listed below. The J&A for these LTCs is in the file.

Contracting Officer Certification 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 $7 0,000, this signature serves as the approval.

Charles E. Mielke II, Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate

Head of the Contracting Activity (HCA)

APPROVAL REQUIREMENTS

For Official Use Only Source Selection Information

See FAR 2.101 and 3.104

CLIN NSN Last LTC Company Last LTC Company

0001 2610002628653 SPE7L1-19-D-0004 B&S Transport, Inc

0002 2610002628677 SPE7L1-19-D-0008 Specialty Tires of America

0003 2610006781363 SPE7L1-19-D-0004 B&S Transport, Inc

0004 2610012141344 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co SPE7L1-19-D-0006 Michelin North America

0005 2610012293457 SPE7L1-19-D-0007 Pomp's Tire Service

0006 2610013234813 SPE7L1-19-D-0007 Pomp's Tire Service SPE7L1-19-D-0006 Michelin North America

0007 2610013251934 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0008 2610013321564 SPE7L1-19-D-0007 Pomp's Tire Service

0009 2610013342694 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co SPE7L1-19-D-0006 Michelin North America

0010 2610013569098 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co SPE7L1-19-D-0006 Michelin North America

0011 2610013645044 SPE7L1-19-D-0006 Michelin North America

0012 2610013737294 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0013 2610014315119 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0014 2610014520605 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0015 2610014655823 SPE7L1-19-D-0006 Michelin North America

0016 2610015004505 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0017 2610015256667 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0018 2610015278260 SPE7L1-19-D-0006 Michelin North America

0019 2610015525577 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co SPE7L1-19-D-0006 Michelin North America

0020 2610015618321 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0021 2610015646172 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co

0022 2610015726017 SPE7L1-19-D-0006 Michelin North America

0023 2610016581299 SPE7L1-19-D-0005 The Goodyear Tire and Rubber Co SPE7L1-19-D-0006 Michelin North America

MIELKE.CHARLES.EVAN

S.II.1253169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2020.12.29 13:09:40 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.01.05 07:28:58 -05'00'

BROWN.MARK.ALBE

RT.1041175032

Digitally signed by

BROWN MARK ALBERT.1041175032

Date: 2021 01.05 08:34:53 -05'00'

[ x ] up to $750,000 Contracting Officer [ x ] $750,000 - $15,000,000 Competition Advocate [ x ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)