JA6.3021CSPE7LX24R0072.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24R0072

Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. Per the Government approved source lists available for these NSNs in SAP, Haldex Brake Products Corporation (06721) is the only source that has been identified by the Government as having the complete technical dataset and appropriate manufacturing expertise to supply these NSNs to DLA and the using military service. CLINs 0001-0010 are designated as critical application items. The following weapon system indicator codes are assigned to these items: J/Y (Reduction in effectiveness of end item)(CLINs 0011-0015); K (Failure will not render inoperable)(CLIN 0016); F/L/T (Failure will render end item inoperable)(CLINs 0001-0010). Based upon the technical review, only the approved source currently listed in the AMPL has the complete technical data and manufacturing expertise to successfully manufacture these items for the Government and the using military service.

The approved CAGE and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on

13, 2024. The technical data has indicated that these items are limited to Haldex Brake Products Corp., as the source.

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. (CLIN 0016)

[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. (CLINs 0002-0015)

[X] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z”

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023) and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary). (CLIN 0001)

Per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGE 06721 has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services. These items have been determined to be commercial and/or commercial of a type. A technical review in support of a potential LTC was performed and the NSNs were determined to be suitable for a long-term contract. The Product Specialists reviewed the technical information, including the AMC/AMSC codes, and certified it as complete and accurate on

13, 2024 (See Attachment 1 – Technical Certification).

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

[X] The acquisition will be synopsized on or about September 13, 2024 for 3 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS)..

[X] Approved manufacturer will be solicited.

[X] Dealers of the manufacturer will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] Other. (Explain) In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

a. Certified Cost or Pricing data is not required, as the acquisition is being solicited as commercial under FAR Part 12. These items will be solicited as other than full and open competition. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

b. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on commercial price comparison, price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the approved source and past provider from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on July 15, 2024 and closed on July 23, 2024. A response was received from The Toota Group LLC (93ST9). They are interested in all CLINs as a dealer for Haldex Brake Products Corp.

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

[X] Based upon the attached technical certification, 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.

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

Hupp & Associates Inc. (0JT27) Global Logistics Strategies Inc. (7BUL6) Triman Industries Inc. (0ZBE8) The Toota Group LLC (93ST9)

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 [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)____________________________________________________________________________________

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.

PATRICK J. LAUGHERTY, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

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

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

LAUGHERTY.PATR

ICK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.12507

03704 Date: 2024.09.17 08:00:52 -04'00'

WIEBUSCH.JAMI

E.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.09.18 07:32:55 -04'00'

Attachment(s):

1 – Technical Certification

2 – SPE7MX21D5041 J&A