JA SPE7LX24R0013_Redacted.pdf

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 exist, AMCs 1 or 2 are valid. The sources listed above are the only approved sources, and they are the only known sources to own or possess the technical data necessary to manufacture this item.

AMSC D (27 NSNs). 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. 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 the NSNs listed above, the sources listed above are the only approved sources for these items because they are the only known sources with the data necessary to manufacture the items.

The confirmation of sources listed above was completed during the technical review of these items on 12/12/23, by the Product Specialist, . Please also note that the Product Specialists confirmed that the technical data, including the AMSC codes in addition to the approved sources, is accurate and there are no open 339s for these items. Based on the limited data the Government possesses, only the approved sources listed above can meet the Government’s minimum needs for these items. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: The synopsis will be posted on the SAM.gov (System for Award Management) website for a period of 15 days before the solicitation is posted to the DLA L&M Internet Bid Board System (DIBBS).

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

Certified Cost or Pricing Data is not required per FAR 15.402-1 (b) (3) for the items listed above. These items are solicited in accordance with FAR 12—Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. If other than certified cost or pricing data cannot be obtained, at a minimum, the Contracting Officer shall determine the prices fair and reasonable based on price analysis of the proposed prices compared to the historical prices paid for all items;

however, competition is expected for this acquisition.

WOULD BE

OFFERING

2610011261576 22337 143829 2610012141344 22337 157376 2610013251934 22337 157384 2610013342694 22337 143829

2610014384808

22337

190194;

227397;

157392;

150916

2610014794200 22337 157376 2610015374093 22337 424757

2610015617314 22337 143829

2610015618321

22337

190194;

227397;

157392;

150916

2610015636178

22337

5499; 5508;

3994;

263397;

421952;

424102;

418110;

418110;

418161;

421855; 996;

997; 422851;

5537; 420344

2610015707227 22337 429821

2610015838803

22337

544124;

293016;

7273;

188205;

5639;

263346;

263354;

299367;

211240;

293970;

5536; 293954

C. Goodyear indicated that they were interested in a LTC for one three-year base period, it was a benefit to consolidate these tires and these tires are commercial.

NSN

PLEASE LIST

THE CAGE

YOU WOULD

BE

OFFERING

PLEASE LIST THE

PART NUMBER YOU

WOULD BE

OFFERING

ESTIMATED

DELIVERY

2610011261576 04NP3 155022987

2610012141344 04NP3 152705961

2610012810675 04NP3 138382667

2610013337632 04NP3 743123154

2610013342694 04NP3 155022003

2610013689949 04NP3 756067674

2610014384808 04NP3 138389562

2610014433477 04NP3 756817111

2610014655823 04NP3 138127576

2610014704616 04NP3 312018027

2610015004505 04NP3 756515897

2610015073632 04NP3 756146576

2610015073633 04NP3 138799652

2610015077619 04NP3 724858519A

2610015256667 04NP3 724864519

2610015414090 04NP3 779026859

2610015449490 04NP3 158706158

2610015525577 04NP3 159902710

2610015638328 04NP3 779025859

2610015646172 04NP3 159002710C

2610016051344 04NP3 724858519

2610016581299 04NP3 159002710F

2610016788323 04NP3 138006798

D. Michelin indicated that they were interested in a LTC for one three-year base period, it was a benefit to consolidate these tires and these tires are commercial.

NSN

PLEASE

LIST THE

CAGE YOU

WOULD BE

OFFERING

PLEASE LIST

THE PART

NUMBER

YOU WOULD

BE

OFFERING

ESTIMATED

DELIVERY

2610012141344 12195 71701

2610012206413

12195

25677 (72157 is 12.5R20 size of same tire)(Both in

PID)

2610013234813 12195 24581 2610013251934 12195 70667 2610013342694 12195 06306 2610013578333 12195 04852 2610013886679 12195 56389 2610014348732 12195 51278 2610014363332 12195 96706 2610014363334 12195 64204 2610014437040 12195 76205 2610014655823 12195 85335

2610014794200

12195

97265 (32452 Dummy

MSPN, 71701

Actual MSPN)

2610014815378 12195 78390 2610015004505 12195 83691

2610015017373 12195 63997 2610015060388 12195 80927 2610015060391 12195 03424 2610015143999 12195 55576 2610015171881 12195 81758 2610015185292 12195 01658 2610015190940 12195 98774 2610015261619 12195 67113 2610015278260 12195 37984 2610015374093 12195 97627

2610015414090 12195 08973 (Load

Range D) 2610015449490 12195 97627 2610015525577 12195 54331 2610015526448 12195 40321 2610015592516 12195 44852 2610015617314 12195 16341 2610015636178 12195 09122

2610015638328 12195 33253 (Load

Range E) 2610015692153 12195 67042 2610015707227 12195 86785 2610015726017 12195 94675 2610015838803 12195 15924 2610015875039 12195 61310 2610015997416 12195 00819 2610016027361 12195 33502 2610016039820 12195 77510 2610016041262 12195 03379

2610016051344 12195 71701 (59177 Phased out)

2610016110368 12195 01963 2610017078886 12195 35666 2610016581299 12195 65177

Commerciality was investigated using several different techniques. Items on this solicitation are tires used on various land vehicles. While commercial tires may be manufactured to different specifications, there is no evidence that those specification differences are so substantial to render the military version unsuitable and unavailable for commercial purposes. The FAR definition states "any item, other than real property, that is OF A TYPE customarily used for non-governmental purposes." Clearly, a tire used by the military is "of a type" as a tire used commercially. The difference may simply be the size or perhaps a more stringent specification, but nevertheless, these NSNs meet the definition of commercial.

The Contracting Officer conducted market research analysis I/A/W FAR 12.1 by submitting a market survey to industry (tire manufacturers and distributors). Industry was asked whether each NSN constituted a commercial item, as defined in FAR 2.101.

All of the vendors indicated, in their market surveys, that all of products listed for this proposed RFP are commercial. The manufacturers make both commercial and non-commercial tires, thus further solidifying the “of a type” application herein. Accordingly, the Contracting Officer can conclude that the tires subject to this requirement fall under the FAR commerciality definition “of a type” language, referenced above.

The Contracting Officer conducted independent research and located all the tires on this acquisition available for purchase online, see Attachment 3. In accordance with DFARS 212.102(a)(ii)(A) “the contracting officer may presume that a prior commercial item determination made by a military department, a defense agency, or another component of DoD shall serve as a determination for subsequent procurements of such item.” These items were all procured on acquisitions that were all previously solicited and awarded using commercial procedures; therefore, the Contracting Officer presumes that these tires are all commercial items. Therefore, this acquisition will proceed in accordance with FAR Part 12. The Contracting Officer did review the Commercial Item Database but did not locate any records related to these items.

9. Additional facts supporting other than full and open competition are: Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available for these CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, these items are subject to the following methods of locating additional sources:

The solicitation contains L04 – Offers for Part Numbered Items, L22 – Restriction of Alternate Offers for Source Controlled Items and M06 – Evaluation of Offers for Part Numbered Items.

11. These items were previously awarded on LTCs or on indefinite delivery contracts and their

J&As are in the file.

NSN Solicitation Contract Company 2610011261576 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610012141344 SPE7LX21R0039 SPE7LX22D0009 The Goodyear Tire and Rubber Co.

2610012141344 SPE7LX21R0039 SPE7LX22D0011 Michelin North America 2610012206413 SPE7LX21R0040 SPE7LX21D0136 Michelin North America 2610012810675 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610013234813 SPE7LX21R0039 SPE7LX22D0011 Michelin North America 2610013337632 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610013342694 SPE7LX21R0039 SPE7LX22D0009 The Goodyear Tire and Rubber Co.

2610013342694 SPE7LX21R0039 SPE7LX22D0011 Michelin North America 2610013578333 SPE7LX20R0058 SPE7LX20D0185 Michelin North America 2610013689949 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610013886679 SPE7LX21R0040 SPE7LX21D0136 Michelin North America 2610013976972 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610014348732 SPE7LX21R0040 SPE7LX21D0136 Michelin North America 2610014363332 SPE7LX21R0040 SPE7LX21D0136 Michelin North America 2610014363334 SPE7LX21R0040 SPE7LX21D0136 Michelin North America 2610014384808 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610014433477 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610014437040 SPE7LX21R0040 SPE7LX21D0136 Michelin North America 2610014655823 SPE7LX21R0039 SPE7LX22D0011 Michelin North America 2610014704616 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2610014733997 SPE7LX21R0033 SPE7LX22D0048 The Goodyear Tire and Rubber Co.

2. Memorandum for Record – Technical Data Supporting- Limited Sources for Solicitation/Project

3. Commerciality Information

Contracting Officer Certification I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Charles E. Mielke II, Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate, DLA Land and Maritime

Office of DLA Land and Maritime General Counsel

CATHERINE L. CONTRERAS, SES

Head of the Contracting Activity (HCA), DLA Land and Maritime

Office of DLA General Counsel

Competition Advocate, DLA

MATTHEW R. BEEBE, SPE

Senior Procurement Executive

MIELKE.CHARLES.EVANS.II.

1253169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2024.01.22 16:16:29 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2024.01.23 18:26:59 -05'00'

GEARY.MATTHEW.O

.1229728616

Digitally signed by

GEARY.MATTHEW.O.1229728616

Date: 2024.01.31 14:03:24 -05'00'

CONTRERAS.CATHE

RINE.L.1229386472

Digitally signed by

CONTRERAS.CATHERINE.L.1229386472

Date: 2024.02.02 09:03:56 -05'00'

FRATARCANGELI.JOSE

PH.VINCEN.1237282457

Digitally signed by

FRATARCANGELI.JOSEPH.VINCEN.1237

282457 Date: 2024.02.08 13:31:28 -05'00'

ATWOOD.GEORGE.

W.III.1229655015

Digitally signed by

ATWOOD.GEORGE.W.III.1229655015

Date: 2024.02.21 15:40:09 -05'00'

BEEBE.MATTHEW.RI

CHARD.1012725473

Digitally signed by

BEEBE.MATTHEW.RICHARD.1012725473

Date: 2024.02.23 14:38:14 -05'00'