Justification-Approval- SPE7LX22R0043.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION NO. SPE7LX22R0043

[X] ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This indefinite quantity contract

(IQC) solicitation shall be a firm-fixed price (FFP) long-term contract (LTC) under FAR Part 15-Contracting by Negotiation, with a three-year base period.

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:

CLIN NSN ITEM UNIT AMC AMSC ADQ ADV

0001 1095016121512 RACK, STORAGE, SMALL EA 3 D 77

0002 1095016121525 RACK, STORAGE, SMALL EA 3 D 59

0003 1095016205611 RACK, STORAGE, SMALL EA 3 D 29

0004 1095016205764 RACK, STORAGE, SMALL EA 3 D 13

Identify end item, weapon system, or class of item: Personal Defense Weapons Armament Sustainment Division These storage racks are DLA managed items that cannot be identified to a specific Army Weapons Systems/End Item. They are used to store weapons.

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (THREE YEAR PERIOD):

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.

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

NSN CAGE COMPANY NAME PRT NUM

1095016121512 0Y6X8 MTM BUSINESS SYSTEMS CWR3

1095016121525 0Y6X8 MTM BUSINESS SYSTEMS CWR5

1095016205611 0Y6X8 MTM BUSINESS SYSTEMS CWR30

1095016205764 0Y6X8 MTM BUSINESS SYSTEMS CWR37

The use of the authority cited below:

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

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZCA CUI Category(ies): General Procurement and Acquisition Limited Dissemination Control: Fed Only POC: Brandy.Warner@dla.mil c010842 Cross-Out c010842 Cross-Out c010842 Cross-Out

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.

For these NSNs, 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 these NSNs, only MTM Business Systems (0Y6X8) possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

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

A sources sought notice was issued January 12-18, 2022, on beta.SAM.gov.

Market research was conducted to obtain interest in the acquisition.

The acquisition will be synopsized on January 24, 2022, on beta.SAM.gov for a period of 15 days.

Solicitation will be posted on the DLA Internet Bid Board System (DIBBS) for a period of 30 days.

Dealers of the manufacturers will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The contract maximum value falls under the Truth in Negotiations Act (TINA) threshold of $2M; therefore, cost or pricing data is not required. Price analysis and buy history will be used to determine contract award prices fair and reasonable.

8. Market Research/Efforts to Obtain Competition: A sources sought notice was issued from January 12-18, 2022, on beta.SAM.gov and there were no responses to this notice. Market surveys sent by the Sourcing Strategy Specialist (SSS) on September 10, 2021, to the following sources listed in the procurement history: JGils (1N8T8), Pioneer Industries (66200), and MTM Business Systems (0Y6X8). The following is a summary of the only response received from MTM Business Systems on September 21, 2021.

MTM Business Systems (0Y6X8)

• Woman-Owned Small Business (WOSB) manufacturer

• agreeable

• Indicated items are commercial

Buyer sent follow up emails on January 3, 2022, but the only response received was from MTM Systems. The Buyer had asked MTM Systems if anything has changed for them and if they would be willing to pursue a shorter length of contract versus no long-term contract at this time.

he Buyer decided to proceed with a solicitation for these items for a three-year period.

As to the market research for commerciality, in accordance with FAR 10.002(b) and FAR 2.101, Definitions, a review has been conducted of the item description(s) to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. It is the Contracting Officer’s determination that these items are not commercial and as such, will be procured in accordance with FAR Part 15 procedures. Market research nor an Internet search uncovered any sales to commercial customers or provide any indication that the items are commercial. The items are not listed on a General Services Administration contract, nor are they listed on a Federal Supply Schedule.

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

[X] Based upon the technical certification on file in DLA Land and Maritime, dated September 10, 2021, all means to obtain a technical data package adequate for manufacture of these items have been exhausted; see attachment #1- Technical Certification. The DLA Land and Maritime Quality Assurance Specialist has certified the AMC/AMSC for this NSN and verified the approved sources. There is no pending 339’s with the Engineering Support Activity (ESA).

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) MTM Business Systems (0Y6X8)

11. 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

12. The buyer searched the previous award listed in the contract history in Records Management in E-Procurement for previous J&A’s, as required by DFARS PGI 206.304. Buy history shows these items were previously purchased under the Simplified Acquisition Threshold and did not require a J&A.

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. The estimated total value of the J&A is

Competition Advocate Signature

Attachments:

1. Technical Certification

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.125189

Date: 2022.01.19 08:43:24 -05'00'

SHEARER.MARY.

E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.01.25 07:36:07 -05'00' c010842 Cross-Out