SPE7LX22D5032 Justification.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

[ 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:

BRIEF DESCRIPTION NSN/P/N ANNUAL

DEMAND

QUANITY

EST. VALUE

(3-YR BASE)

EST. VALUE

(5-YR BASE)

AMSC

Holster, Pistol 1095-015229715 174 3/C Holster, Pistol 1095-015449199 1,636 3/D Holster, Pistol 1095-015452308 380 3/R

*This IDC is for a 3-year base with 2 one-year options.*

Identify end item, weapon system, or class of item: NIIN 015229715 has no specific weapon system or end item listed. NIINs 015449199 & 015452308 are listed as WSDC 75F, HELICOPTER, HH-60. The contracting specialist confirmed end items and weapon systems with the product specialist. Items are described as being black tactical holsters for pistols or revolver handguns with low ride carry on highup on your leg for use with load bearing vest and outside of body armor.

ESTIMATED TOTAL BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

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.

The J&A from the most recent past LTC procurement, SPE7MX18D0011, is attached. This procurement is a successor LTC to SPE7MX18D0011.

Brief narrative supporting the situation:

Product Specialist reviewed prior to acquisition and determined only 1 source is approved to produce these items.

Only the approved source possesses the complete technical data for the items listed they are the only source uniquely qualified to manufacture these items; therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C 2304(c)(1), as implemented by FAR 6.302.

On May 11, 2021, , Product Specialist, confirmed that all of the items have been reviewed and the AMC/AMSC codes are correct and the items are good for an LTC inclusion.

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

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

Safariland, LLC CAGE 04TL0

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 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. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

[ 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.

[ X ] 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. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Any item determined after contract award to be competitively available may be deleted from the contract and resolicited.

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

[ X ] The acquisition will be synopsized on or about 9/13/2021.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain)

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

Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include length of contract, quantity, and other contract particulars bearing on the price.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

Based upon past contract history, and information provided in the market survey research, it is anticipated that one offer will be received. The procurement is being conducted under FAR 13.5 commercial procedures, therefore per FAR 15.403-1(b)(3) certified cost or pricing data is not required. Other than Cost or Price Data may be requested.

A price analysis will be conducted, utilizing the Produce Price Index (PPI) and learning curves. A comparison to past award prices will also be performed in the determination of a fair and reasonable price. The contract specialist will also review the prices listed on the holsters for commercial sale on Safariland’s website.

This NSN will be solicited with four quantity ranges, firm-fixed pricing and allow for escalation in prices for years 2-5 of the LTC.

8. Market Research/Efforts to Obtain Competition:

Internet & GSA searches were conducted. Buyer reviewed procurement history for contractors that offered and contracted items in the past. Additionally, market survey and a sources sought posting were done.

Describe the market research conducted and the results.

A sources sought was issued on FedBizOpps on 8/18/21, and closing on 8/29/21, by the Acquisition Specialist.

Additional sources that responded to sources sought are as follows:

-Alien Gear Holsters CAGE 7WQ55 -Jaden Tech, LLC CAGE 86DY4

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] A market survey was conducted on/during 7 July 2021.

Total number of vendors contacted: 6 Names of vendors contacted and responding:

- Atlantic Diving Supply, Inc. (1CAY9) – RECEIVED & confirmed Safariland interest & ability to support another LTC -Tact360, Inc. (5NK26) - Unable to provide.

-H Squared, Inc. (3E4Q7)

- Kampi Components Co. (7Z016)

- Amron International, Inc dba Amron (6S753)

- Standbuy Distributors (634U1)

- Safariland (8J931 & 04TL0) – Buyer did not send them survey again as they had responded to analyst in May that they sell through distribution partners, would not respond to market survey directly.

Techniques used to conduct survey:

Contractors were identified using procurement history and market surveys were sent by email with follow-up phone calls as needed to clarify information provided.

Types of information requested:

Interest in supporting potential LTC, ideal number of base and option years, quantity price breaks, commerciality, estimated delivery, any known challenges with ability to provide items for potential long-term contract.

Summary of information received:

Small business distributor ADS responded and provided the following information:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

3-Year Base Period

Single Year Option Period(s)

Ideal Base Period

Quantity Price Breaks

Estimated Delivery

Commercial Items (Y/N)

Any current procurement challenges

Yes None currently, confirmed with OEM

Information received regarding the commerciality of the item(s): ADS noted all three items to be commercial on their market survey response. ADS then provided additional confirmation via email that Safariland does sell the holsters commercially and provided links to items for sale on Safariland website.

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.

A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) -Atlantic Diving Supply, Inc. dba ADS CAGE 1CAY9 -Alien Gear Holsters CAGE 7WQ55 -Jaden Tech, LLC CAGE 86DY4

The following actions are being taken to identify additional sources:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

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

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.09.27 15:08:04 -04'00'

SAYLOR.MEGAN.M.

1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2021.09.14 12:58:31 -04'00'

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X ] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)