SPE7M819R0013 JA reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M8-19-R-0013

PR: 0081176747

NSN: 5930-01-577-4145

DLA Land & Maritime Justification for Other Than Full & Open Competition (Jan May 2018)

[X] ORIGINAL

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: Compressor Unit, Reciprocating

NSN/PN: 5930-01-577-4145

QUANTITY: 124 units

ESTIMATED VALUE:

AMSC: C

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

36A – Tank, Abrams M-1 6NA – Tank, Combat, Full Track, EGYP INCR 7 8BM – Direct Support Electrical System Test Set (DSESTS), AN/USM-615 UKM – Tank, Combat, FT, 120MM Gun (M1A1)

This NSN is a Switch Assembly, two or more complete switches mounted on each other or having a common mounting the function of which is to hold the switches. Review of the item indicated that this NSN is a Critical Application Item, but not a Critical Safety Item.

ESTIMATED BASE VALUE: (no options)

ESTIMATED TOTAL VALUE (BASE + OPTIONS): N/A

MAXIMUM CONTRACT VALUE: (with price breaks up to 200 units)

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:

General Dynamics Land Systems (05257) part number 13011036

PR: 0081176747

NSN: 5930-01-577-4145

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.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on September 12th, 2019. The Product Specialist stated that the AMC/AMSC coding of 3/C is correct, with no recent changes. All drawings are U.S. Army drawings and are property of the U.S. Government. However, the drawings are not complete, and the item provided must meet the requirements of the cited technical data in addition to the requirements of the part numbered item listed in the solicitation. General Dynamics Land Systems (05257) remains the only approved source for this procurement at this time. General Dynamics is currently the only source known to possess the requisite data to manufacture this item. Even though a source and approved part number is provided, the items furnished must meet the requirements of the cited drawing. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Any alternate source must qualify in accordance with the design control activity’s procedures, as approved by the cognizant government engineering activity.

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

[X] The acquisition was synopsized on 10/8/2019.

No inquiries regarding the synopsis have been received as of 10/18/2019.

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 price 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 Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The acquisition specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary. Negotiations may take place in an

PR: 0081176747

NSN: 5930-01-577-4145

effort to comply with DoD Material Cost Reduction Initiative. An option quantity will not be used for this procurement.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during: September 17, 2019. A Sources Sought notice was posted to the FBO on September 17, 2019. The Sources Sought notice had a response date of September 24, 2019.

Total number of vendors contacted: 2. The vendors contacted were: General Dynamics Land Systems (05257) and Canadian Commercial Corporation (98247).

General Dynamics Land Systems (05257) and Canadian Commercial Corporation (98247) were contacted as they have received all of the past orders for this part.

Names of vendors contacted and responding: from General Dynamics Land Systems (05257) was contacted on September 17,, 2019. On October 2nd, 2019, responded back to the market survey with the requested information. from Canadian Commercial Corpotation were contacted on September 17, 2017. As of October 18, 2019, no response has been received from anyone at

CCC.

Techniques used to conduct survey:

1. The market survey was sent via email.

2. Sources Sought- DAG 10.002-102(C)(vii) : Published a “sources sought” synopsis in the FedBizOpps on

September 17, 2019. A copy of the market survey was also attached to the sources sought notice.

Types of information requested: Business size, manufacturer or dealer, are these commercial items, are these catalog/price listed items, inventory availability, willingness to quote, economical production quantities available delivery schedule, and willingness to accept quantity option.

Summary of information received:

from General Dynamics Land Systems responded to the market survey request. He stated that General Dynamics is a large business, and that this is not a commercial item.

aid that General Dynamics is interested in submitting an offer for this part when the solicitation is issued.

Sources Sought Notice results:

No responses were received regarding the Sources Sought notice.

PR: 0081176747

NSN: 5930-01-577-4145

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.

[X] Other: The item has been determined non-commercial due to lack of evidence in the market research, including my internet searches of the part number that showed no commercial availability and based on the non-commerciality determination in the previous J&A. The Commercial Off-the-Shelf (COTS) field in the CTDF is “Blank” and there is no commercial sales history. Item is not catalog/price listed. Based on this information, the Contracting Officer has determined that this item is not a commercial item.

10. A listing of sources, if any, indicating an interest in the acquisition is: General Dynamics Land Systems (05257).

11. The following actions are being taken to identify additional sources:

(X) The solicitation will be posted for 30 days.

(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

12. Prior J&A from solicitation number SPE7M8-17-R-0040 is included within the stack/file.

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.

_________________________________________ October 18, 2019 Contracting Officer Date

MAXWELL.BRIAN.

STEPHEN.1230183

Digitally signed by

MAXWELL.BRIAN.STEPHEN.123

0183828

Date: 2019.10.18 07:08:14

-04'00'

PR: 0081176747

NSN: 5930-01-577-4145

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[ ] $700,000 to $13,500,000 Competition Advocate