J&A6.302-1cSPE7M119D0004.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-19-R-0007

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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/PN QUANTITY EST.VALUE AMSC

Compressor, Reciproc 4310-01-361-5075 1 – 850 EA D

Identify end item, weapon system, or class of item:

Subject NSN 4310-01-361-5075 is described as a compressor, reciproc. This item supports multiple weapons systems (30M, XEA) which contains (Launcher, Rocket HIG, Medium and Light Tactical Vehicles (FMTV).

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS) (1 YR BASE + 2 OPTION YRS.)

MAXIMUM CONTRACT VALUE

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING N/A

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:

Haldex Brake Products Corporation (06721) P/N N-50013

The use of the authority cited is based on:

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[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.

Per the Government approved source list available for this NSN in SAP, only Haldex Brake Products Corporation (06721) has been identified by the Government as having the complete technical dataset and appropriate manufacturing expertise to supply this NSN to DLA and the using military service. NSN 4310-01-361-5075 is designated as a critical item, DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014) and its weapon system indicator code is F (Failure will render end item inoperable). Last technical review of this item was conducted on October 4, 2018 and no additional sources beyond those listed in the AMPL were identified. 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 this item for the Government and the using military service. The Product Specialist confirmed this information was up to date on 12/11/18.

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 2018 ( ) Manufacturers of similar products identified in the market research will be solicited.

(X) Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (explain)

( ) Other (Explain) _______________________________________________________.

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

Formal C/P Data will not be required because the current estimated contract price is below the threshold of $2,000,000 (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The most recent award price of $702.25 was determined fair and reasonable through dealer competition (PRC of BB). The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The Contract Specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary. Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of a review of past procurements, internet research, and market surveys. Subject NSN 4310-01-361-5075, described as Compressor, Reciproc, is used on weapon systems (30M, XEA) which contains (Launcher, Rocket HIG, Medium and Light Tactical Vehicles (FMTV). A sources sought was posted to FBO on November 19, 2018. No responses were received. A review of purchase history shows that DLA has purchased this item 17 times. The last purchase occurred on 11/9/18, but all prior purchases occurred prior to November 2008. The most recent award was made to Brighton Cromwell LLC (3NNX8). The remaining orders were part of an LTC awarded to BAE Systems Tactical Vehicle (0FW39). Due to the age of the last LTC, a copy of the J&A for this award could not be found in Records Management.

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

A market survey was conducted on/during November 19, 2018 to November 27, 2018

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Total number of vendors contacted: 4 Names of vendors contacted and responding:

Haldex Brake Products Corporation (06721), No Response Brighton Cromwell LLC (3NNX8), Responded on 11/26/18 CBT Corporation (4N361), Responded on 11/21/18 Wheeler Bros., Inc. (55683), Responded on 11/19/18

Techniques used to conduct survey:

Posted sources sought to FedBizOpps and emailed market surveys to the listed manufacturer, previous awardees, and contractors who quoted on the most recent award.

Types of information requested:

Size of business, type of business, commerciality, interest in a long-term contract, certified cost and pricing data, interest in a LTC, and delivery.

Summary of information received:

Wheeler Bros responded to the market survey on 11/19/18. They are a large business, an independent dealer, they are interested in a LTC

, they stated the item is not commercial, Brighton Cromwell responded to the market survey on 11/26/18. Brighton Cromwell is a small business, an authorized dealer of the manufacturer, they are interested in a LTC

, they stated the item is commercial, and .

CBT Corporation responded to the market survey on 11/21/18.

CBT Corporation is a SDVOSB small business, they are an authorized dealer of the manufacturer, they are interested in an LTC

, they stated the item is commercial, and

Information received regarding the commerciality of the item(s):

Brighton Cromwell (3NNX8) and CBT Corporation (4N361) both state that this item is commercial. Per Brighton Cromwell’s market survey response, this item is available to the general public. Brighton Cromwell and CBT Corporation did not provide any evidence of commerciality, such as invoices to commercial clients. The Contract Specialist searched the NSN and part number on Google and could not find any evidence of commerciality.

( ) was not conducted due to the unusual and compelling urgency of the requirement.

( ) was not conducted due to: _______________________________________________

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

9. 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.

( ) As stated in the attached certification by the requiring activity, the Military Services will be seriously injured if contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

( ) When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302- 1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. __________________________________________________________

( ) Other _____________________________________________________________

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Brighton Cromwell (3NNX8) CBT Corporation (4N361) Wheeler Bros (55683)

11. 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, this item is subject to the following methods of locating additional sources:

(X) The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering ( ) Other _________________________________________________.

CONTRACTING OFFICER CERTIFICATION

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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 $700,000, this signature serves as the approval.

Contracting Officer Phone Date

Elizabeth Beechey___________________________ Typed name of Contracting Officer

Approval/Certification

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

Competition Advocate Phone Date Signature

Head of the Contracting Activity (HCA) Date Signature

Senior Procurement Executive (AQ) Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

BEECHEY.ELIZABETH.E.1230201

Digitally signed by

BEECHEY.ELIZABETH.E.1230201656

Date: 2019.01.04 10:18:45 -05'00'

SHEARER.MARY.E.1250702449 Digitally signed by SHEARER.MARY.E.1250702449

Date: 2019.01.04 18:29:10 -05'00'