J&A_redacted_for_FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0038

[X] 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 for the acquisition of various small arms components using other than full and open competition. The Government is restricting the manufacturing source to the approved source listed in the Product Item Descriptions.

3. The supplies required to meet the using activity’s needs are described as follows:

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

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:

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

The use of the authority cited is based on:

AMSC Z. This part is a commercial/non-developmental/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.

The Government needs a small knife with “out-the-front” (OTF) blade technology and market research, summarized below, demonstrates that Benchmade is the only known source who currently manufactures or is capable of manufacturing a small knife with OTF technology. If a vendor submits an alternate product in response to this solicitation, it will be reviewed for technical acceptability.

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

The acquisition will be synopsized on or about March 30, 2017.

7. The end item for both items are the items themselves as they are combat knives.

CLIN NSN ITEM

BASE

UNIT AMC AMSC

STANDARD

PRICE ADQ ADV

0001 1095015984343 KNIFE, COMBAT EA 3 Z $218.54 1,032

0002 1095015984471 KNIFE, COMBAT EA 3 Z $259.01 4223

CLIN NSN ITEM

APPROVED

CAGE COMPANY NAME

APPROVED

PART

NUMBER

WEAPON

SYSTEM

CODE

WEAPON SYSTEM

DESCRIPTION

0001 1095015984343 KNIFE, COMBAT 041N2

BENCHMADE KNIFE

CO., INC. 3350BK 01F

MISSILE, MINUTEMAN III,

LGM-30

0002 1095015984471 KNIFE, COMBAT 041N2

BENCHMADE KNIFE

CO., INC. 3300BK 01F

MISSILE, MINUTEMAN III,

LGM-30

Justification for Other Than Full & Open Competition (December 2011)

8. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer will use price analysis and buy history, along with other than cost or pricing data, Bechmade Knife’s commercial price list and their current General Services Administration (GSA) contract (GS-07F-0537T) pricing, to determine that the contract award prices are fair and reasonable as required by FAR 6.303-2(b)(7).

9. On 6/21/16, a sources sought notice was posted to FedBizOps which also contained an attached market survey. The sources sought notice closed on 6/28/16 and there were no responses received in regards to this notice.

On 3/3/16, Market Surveys were sent to the following companies: Benchmade Knife Co. Inc.

(0471N2), Atlantic Diving Supply Co. (1CAY9) and Giga, Inc. (8S706). The companies were asked to provide information such as willingness to quote priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, asked if they could provide packaging requirements and addressed the consolidation requirements.

Giga, Inc. didn’t respond to the market survey. Numerous attempts were made to verify that they would be willing to participate in this acquisition and to fill out the Market Survey and Market Survey Spreadsheet, but no response was ever received.

Benchmade Knife Co. Inc. (Benchmade) indicated they are interested in a long term contract for

Benchmade indicated that these items are commercial and provided their commercial catalog that included their offered pricing which is available on their website.

Atlantic Diving Supply Co. (Atlantic) indicated they are an authorized distributor interested in a

Atlantic indicated that these items are commercial, on GSA Schedule GS-07F-923S, easily found via a search on the internet, but did not provide any other proof of commerciality.

On 2/23/17, Market Surveys were sent to the following four biggest competitors to Benchmade: GB II Corp. (59TQ1), KA-BAR Knives, Inc. (1C553), Gerber Gear (59V15) and SOG Specialty Knives and Tools, LLC (074V1). The companies were given the specifications and pictures listed from Benchmade’s online commercial catalog. They were asked if they had a knife or knives that were

Justification for Other Than Full & Open Competition (December 2011) comparable to the characteristics of the two Benchmade knives and if they did, if they could provide details to include specifications, pictures, etc., and if they would be willing to participate in a long term contract.

Gerber Gear and KA-BAR did not respond to the market survey. Numerous attempts were made to verify that these companies had knives that were comparable to the Benchmade knives and were willing to participate in this acquisition, but no responses were ever received.

SOG indicated that were interested in pursuing this

GB II Corp. indicated that they two Benchmade knives referenced are OTF automatics and they do not at this time produce an alternative to either knife.

10. The confirmation of sources listed above was completed by the SAPD Product Specialist, during the technical evaluation of this project on 12/13/16. Based on the limited data the

Government possesses, only the approved source 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.

11. 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 all CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

12. A listing of sources, if any, indicating an interest in the acquisition are:

Benchmade Knife Co., Inc. and Atlantic Diving Supply Co.

13. 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 the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

14. The J&A for the previous long-term contract for these items, SPM7LX-13-D-0101 (SPM7LX-13- R-0002) has been located and is in the file.

Justification for Other Than Full & Open Competition (December 2011)

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. If not exceeding $700,000, this signature serves as the approval.

Brandy Warner, Contracting Officer Date

This justification has been reviewed for legal sufficiency:

DLA Land and Maritime Counsel & Date

APPROVAL/CERTIFICATION

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

Competition Advocate Date

WARNER.BRANDY.DANI

ELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

Date: 2017.03.15 12:46:20 -04'00'

Date: 2017.03.21 08:36:05 -04'00'

HOPSON.LILLI.A.123012732

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2017.03.29 19:26:28 -04'00'

3/15/2017

3/29/2017