SPE7LX22RX046.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX22RX046

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104

Controlled by: DLA Land and Maritime Controlled by: SAPD

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Krista.Krauss@dla mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

CUI - SOURCE SELECTION INFORMATION – I/A/W 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.

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

BRIEF DESCRIPTION NSN

ANNUAL

DEMAND

QUANTITY

EST. VALUE

(1-YR BASE)

3-YR EST. VALUE

(BASE + OPTION

YEARS)

AMSC

EYEGUARD, OPTICAL IN 6650-01-444-1229 13,769 3B

The Government intends to pursue a long term, FAR Part 13.5 Commercial SIDC (Simplified Indefinite Delivery Contract). Based on market research, the contract will be structured with a 1-year base period, with two 1-year option periods.

Identify end item, weapon system, or class of item: The end items for the Eyeguard, Optical IN are shown below.

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104

SOLICITATION SPE7LX22RX046

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

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, SPE7LX20D5027, is attached. See Attachment #1 SPE7LX20D5027 J&A. This procurement is a successor LTC to SPE7LX20D5027.

Brief narrative supporting the situation and weapon system:

The product specialist reviewed the item prior to acquisition and determined only 1 source approved to manufacture this item. Only the approved source possesses the complete technical data for the items listed. They are the only source uniquely qualified to manufacture this item; 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 July 25, 2022, , Product Specialist, certified that the item has been reviewed and the AMC/AMSC code is correct and the item is good for an LTC inclusion. See Attachment #2 Tech Cert CL22201069.

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

CAGE 77969 Rubbercraft Corporation of California part number CMI1525-ITT-001

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 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.

Any item determined to be competitively available during the solicitation evaluation phase will be removed from the acquisition requirement. Any item determined after contract award to be competitively available may be deleted from the contract and resolicited.

[ X ] Other: NSN 6650-01-444-1229 Rubbercraft is the only known source designated as having the unique technical data essential and manufacturing knowledge required to make the modifications necessary to make this item for the Government and ensure the quality of the part to satisfy the military’s requirement. The technical data essential to maintaining the quality of the part is not available to the Government nor is it economical to try to obtain said data. Per the previous J&A, “although this item has been determined commercial, it is essential that the Government procure only the Rubbercraft Corporation of California code and part optical eye guard, rather than similar eye guards. The Rubbercraft Corporation item has a proprietary special feature, a starburst function within the eyepiece, which is a minor modification from the standard commercial item and is for military-specific use.” (See Attachment #1 for more detail on this proprietary function.)

SOLICITATION SPE7LX22RX046

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

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

[ X ] The acquisition specialist will issue a combined synopsis and solicitation on or about August 24, 2022.

[ X ] Dealers of the manufacturers will be solicited.

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

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 price listed on the similar eyeguard for commercial sale on the US Night Vision website.

The NSN will be solicited with four quantity ranges, firm-fixed pricing and allow for escalation in prices for years 2 and 3 of the LTC.

8. Market Research/Efforts to Obtain Competition:

Internet & GSA searches were conducted. The acquisition specialist (AS) 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 8/02/22, and closing on 8/08/22, by the AS. No sources responded to sources sought posting.

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

[ X ] A market survey was conducted on/during August 2, 2022.

Total number of vendors contacted: 5 Names of vendors contacted and responding:

- Rubbercraft (77969) – Stated AAR is their new distributor for this item

- AAR Corp (1Y249) – Received

- Linmarr Associates (1GX03) Stated they’re no longer the distributor for Rubbercraft

- Elbit Systems of America (13567) Emails were undeliverable

- JGILS (1N8T8) Responded “No Bid”

Techniques used to conduct survey:

Contractors were identified using procurement history and market surveys were sent by email with follow-up phone calls and/or emails 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 and any known challenges with ability to provide items for potential long-term contract.

SOLICITATION SPE7LX22RX046

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI - SOURCE SELECTION INFORMATION – I/A/W 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

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

Attachment(s):

1) SPE7LX20D5027 J&A

2) Tech Cert CL22201069

3) MRCICDM CL22201069

BENNETT.JANE

.L.1380799355

Digitally signed by

BENNETT.JANE.L.1380799355

Date: 2022.08.22 08:26:52 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.08.24 14:27:55 -04'00'