SPE7LX21RX027 - J A _Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX21RX027

FOR OFFICIAL USE ONLY

SOURCE SELECTION – SEE FAR 2.101 AND 3.104

[ 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/services on other than a full and open competition basis. This project will be a 5-year contract using FAR part 13.5 Simplified Acquisition Procedures for Certain Commercial Items per 41 USC 1901.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

BELT, VEHICLULAR SAFE 2540014684854 22 3D

BELT, VEHICULAR SAFETY 2540015423809 1,719 3D

*If too numerous, attach list of NSNs and AMSC codes

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

These NSNs are used on a variety of systems including Humvee’s and the avenger missile.

ESTIMATED BASE VALUE (3 Years):

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

This project will be firm-fixed price, Indefinite Quantity Contract.

The Solicitation will contain a 3-year base period and 2 one-year option periods.

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.

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

NSN Approved Source Name CAGE Approved Part Number 2540-01-468-4854 AmSafe, Inc. 35FB9 4291-1-011-2251 2540-01-542-3809 AmSafe, Inc. 35FB9 200159

The use of the authority cited below:

[ 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.

SOURCE SELECTION – SEE FAR 2.101 AND 3.104

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of the unique qualifications of the sources listed above to justify the use of 10 USC 2304(c)(1).

Per the technical review conducted for these NSNs on October 30, 2020, 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. AmSafe is the only source known to own or possess the technical data necessary to manufacture these items.

As shown in Attachment 1- Tech Cert, the Government’s Product Specialist confirmed the AMSC code listed in this document is correct and the Government does not have and has exhausted all means to obtain complete unrestricted data package as of October 30, 2020.

Additionally, Attachment 1 contains the Government Product Specialists certification that all to means to obtain a technical data package adequate for manufacture of these items has been exhausted.

The Contracting Officer has relied upon the Product Specialist’s technical review of these NSNs and determined the only source capable of supplying this item to the Government is AmSafe (CAGE 35FB9). As noted above, the Product Specialist has certified that the Government does not possess and has exhausted all means to obtain the data necessary to solicit these items under full and open competition. Additionally, the Product Specialist has reviewed the technical data available and confirmed the only source capable of supplying these items to the Government is AmSafe

(CAGE 35FB).

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

Market research efforts are detailed in Section 8.

A Sources Sought notice, which included a market survey, was posted on beta.SAM.GOV website from 11/23/20 through 12/06/20, with no responses received.

The acquisition was synopsized on 03/01/21 through 03/16/21.

At the completion of the synopsis period, the solicitation will be posted on the internet, via the DLA Internet Bid System (DIBBS) for a period of 30 days.

On the day that the solicitation is posted to DIBBS, a copy of the solicitation will be emailed to the approved source for this NSN.

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

This procurement is for a Firm-Fixed Price, Indefinite Quantity Contract, with a 3-year base period and 2 one-year option periods. A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. The offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness. The Contracting Officer will review the purchase history for these NSNs and if needed a comparison with similar items. NSNs will not be awarded unless a fair and reasonable determination can be made on pricing.

8. Market Research/Efforts to Obtain Competition:

SOURCE SELECTION – SEE FAR 2.101 AND 3.104

AmSafe’s products are tailored to particular industries and are safety items regulated by the Federal Aviation Administration (FAA) or the Federal Motor Vehicle Safety Standards (FMVSS) issued by National Highway Transportation Safety Administration (NHTSA). Aviation products are not sold to the general public as typically these are installed by repair centers or are required to be installed by a certified technician. AMSafe has stated that the items in this procurement are a variation of commercial seat belts with the same functionality which is used to retain the seated occupant in the vehicle.

Commerciality determination: Based on the market research the internet and through the vendors, the items in this procurement are considered commercial-of-a-type because they share the same functionality of the seat belts used commercially. The OEM AmSafe confirmed the military version of the seat belts is their same commercial version only tailored for the military customer. Seat belts have different adaptations for ground vehicle or aviation use, neither of which is typically made available to the general public for purchase because they need to be installed following the certification requirements of the FAA and FMVSS. While seat belts are highly regulated by federal agencies, their application and functionality is routinely use by the general public: they are used to retain the seated occupant in the vehicle. AmSafe provided proprietary and confidential drawings to aid in the Government’s commercial determination. Additionally, AmSafe provided similar item pricing. AmSafe stated that, commercially, a seat belt is a collection of buckles, adjusters, anchors, and webbing configured to meet the specific application.

NSN 2540-01-468-4854, AmSafe part number 4291-1-011-2251, is a 4-point restraint Aviation belt, similar to belts sold commercially but this item has been modified for military use. AmSafe commercial pricing for a similar item ranged from .

NSN 2540-01-542-3809 is a retractor, lap belt used specifically in HMMWVs. This particular NSN is the connector half of the lap belt. This item is similar to other ground vehicle products AmSafe produces but all of AmSafe’s ground vehicle products are variations of its aviation products and specifically designed for each individual application’s use.

AmSafe also indicated that its business is commercial sales and is government sales.

The Contracting Officer has determined these items are commercial of a type based on the definition at FAR 2.101(b) Commercial Item (3) (ii) “Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications mean modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts but are not conclusive evidence that a modification is minor”. NSN 2540-01-468-4854 and NSN 2540-01-542-3809 have the same functionality that would be used in a commercial plane, a military plane, commercial car or military vehicle. The known modification of these items do not alter the non-governmental function of restrain a passenger to the seat of the vehicle and do not alter the essential physical characteristics of the item itself, as proven by the drawings provided by the OEM. The OEM manufactures the commercial and the military version in the same facility.

SOURCE SELECTION – SEE FAR 2.101 AND 3.104

The PS concurred these items are commercial-of-a-type on May 21, 2021. Email to that effect is in file.

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.

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

Brighton Cromwell CAGE: 3NNX8 AmSafe, Inc CAGE:35FB9 S.I.T. Corporation CAGE: 1MQB3

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

Per DFARS PGI 206.304, the most recent LTC for this item (SPE7LX17D0043, 03/17/17) was reviewed. The contract is expected to expire on 03/16/22. The current solicitation is for the purpose of creating a follow-on contract to the prior LTC, so that there will be little or no interruption in the inventory of these items.

A J&A was found for the prior LTC and was reviewed to determine whether the planned action to remove any barriers to competition were completed. This previous J&A indicates that market research was conducted by contacting the approved source. The acquisition was synopsized on FedBizOps followed by the solicitation, which was to be posted to DIBBS for a period of 30 days. A copy of the J&A can be found as Attachment 2.

This solicitation contains the DLAD Procurement Note, L04 Offers for Part Numbered Items and DLAD Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

At this time the requirement/guidance in DFARS PGI 206.304 has been fulfilled.

SOURCE SELECTION – SEE FAR 2.101 AND 3.104

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 $750,000, this signature serves as the approval.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer [ X ] $750,000 to $15,000,000 Competition Advocate

Attachments 1 - Tech Cert 2- Previous J&A

BROOKINS.NOR

MA.V.1402247289

Digitally signed by

BROOKINS.NORMA.V.14022472

Date: 2021.06.01 11:37:24 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.06.02 07:11:28 -04'00'