JAwAttachments24R0020flat_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION - SPE7LX-24-R-0020

PROJECT # CL23269005

source approval through the U.S. Army Tank- automotive and Armaments Command (TACOM) Competition Management Office to be added to the drawings once approved.

[X] AMSC C. This part requires engineering source approval by the design control activity 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.

NSNs 2520003884197,2520015801060, 2530013605954, 2530015957168, and 3040015705855- For these NSNs, Meritor Heavy Vehicle Systems (78500) is the only approved source by the design control activity. It is the only known source to possess the requisite rights to technical data for these items and only known approved source for these items. After- market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the Engineering Support Activity (ESA) for Military use. Only Meritor Heavy Vehicle Systems (78500) part has been approved by the ESA, as this part is designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems.Reality is that any supplier can still seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

[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.

NSN 2530015020543 and 2520014980785- 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 this NSN, only Meritor Heavy Vehicle Systems (78500) possesses the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture this item and the only approved source listed for this NSN. After-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the ESA for Military use. Only Meritor Heavy Vehicle Systems’ (78500) part has been approved by the ESA, as this part is designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. Any supplier can seek source approval by following the terms of the solicitation Procurement Notes

SOLICITATION - SPE7LX-24-R-0020

PROJECT # CL23269005

L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

[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.

NSN 2530015153347 and - 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.

Meritor Heavy Vehicle Systems (78500) is the only source to possess the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture this item and the only approved source listed for this NSN. Only Meritor Heavy Vehicle Systems’ (78500) part has been approved by the ESA, as this part is designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. Any supplier can seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

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

[ X ] The acquisition will be synopsized on or about December 15, 2023.

[ X ] Dealers of the manufacturers will be solicited.

[ X ] Other. (Explain) The synopsis will state that if a company is interested in this project to send an email to the Contracting Officer to indicate their interest in the solicitation. If any responses are received before the solicitation is released, they wil be added to the Bidders List.

After the completion of the synopsis period, this PR will be solicited on the internet for a minimum of 30 days via the DLA Internet Bid Board System (DIBBS).

• A Sources Sought notice was posted on SAM.gov November 15 to November 21, 2023.

• The acquisition will be synopsized prior to December 15, 2023. The acquisition will be synopsized for 15 days.

• The acquisition will be solicited on DIBBs for a minimum of 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Certified Cost or Pricing Data will not be required since commercial products are exempt from the requirement of CCPD. However, Other Than Cost or Pricing Data may be requested for purposes of determining the prices fair and reasonable. The method of determining these prices fair and reasonable include but not limited to offered unit prices will be compared to previous purchases as well as commercial prices and other than Certified Cost or Pricing Data may be requested. The contracting officer hereby determines that the

SOLICITATION - SPE7LX-24-R-0020

PROJECT # CL23269005

CUI

Destination Transportation (FDT) program, F.O.B. Origin. The Inspection/Acceptance will occur at Destination for all NSNs except 2520-01-545-0390 and 2530-01-099-2476 which will occur at Origin. The vendors(s) are to be EDI or electronic mail capable.

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: HDT Vehicle Components (1SER6) and VSE Corp (31902).

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

Tech Cert Commerciality Determination

SPE7LX-23-R-X025 J & A

SOLICITATION - SPE7LX-24-R-0020

PROJECT # CL23269005

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ x ] Up to $750,000 Contracting Officer

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

LAUGHERTY.PATRI

CK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.1250703704

Date: 2024.01.26 07:42:09 -05'00'

WIEBUSCH.JAMIE.

1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.01.29 16:09:20 -05'00'