FBO_Award_Notice_Attachment_(Redacted_J&A).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0058

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

[ 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 the acquisition of supplies on other than a full and open competition basis.

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

CLIN NSN/P/N ITEM UNIT AMC AMSC ADQ EST.

VALUE

0001 2530013751483 CONTROL UNIT,PNEUMA EA 3 B 426

0002 2590015781565 CONTROLUNIT,ELECTRO EA 3 D 51

0003 4720015747256 HOSE ASSEMBLY,NONME EA 3 D 2,174

0004 4820013722769 VALVE,REGULATING,SY EA 3 R 372

0005 4820015636888 VALVE ASSEMBLY EA 3 D 10

0006 4820015652135 VALVE ASSY,CTIS EA 3 C 2,016

0007 5930013729484 SWITCH,PRESSURE EA 3 B 175

0008 5930015250252 SWITCH,PRESSURE EA 3 B 297

Identify end item, weapon system, or class of item: These items are used on various weapon systems to include the

BTA – ARMORED SECURITY VEHICLE, MODEL XM1117

XEA – FAMILY OF MEDIUM AND LIGHT TACTICAL VEHICLES (FMTV)

3OM – LAUNCHER, ROCKET, HIG

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:

(1MVZ1) SPICER HEAVY AXLE & BRAKE, INC.

A Tech/Quality review has been completed for these NSNs on 7/11/2017. The AMC/AMSC codes indicate that the items are code and part numbered to a specific CAGE and are not suitable for competition. Item validation by the Product Specialist of record confirms that (1MVZ1) SPICER HEAVY AXLE & BRAKE, INC is in fact the only approved 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:

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

[ X ] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD- STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.

If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

The Government does not have the data or rights to the data. The company listed below is the only source known to own or possess the technical data necessary to manufacture these items.

The limited availability of sources for an item coded with an AMSC of “B” is inherent and not severable. The items are identified with an increased level of criticality therein requiring a high degree of production and manufacturing fidelity. The AMSC provides simple and clear instruction to acquire the item directly from the identified manufacturer only. The source listed below is the only manufacturing source specified on the source control drawing, possessing the complete technical data for the item.

CLIN NSN CAGE Source

0001 2530013751483 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

0007 5930013729484 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

0008 5930015250252 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

[ 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.

For this item, the source identified by NSN below is the only source currently approved by the design control activity. This is the only known source to possess the requisite rights to the technical data.

CLIN NSN CAGE Source

0006 4820015652135 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

[ 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.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

The data for the three NSNs below is not within the government’s ability to obtain due to the economic limitations and the inability to create drawings or specifications the thoroughly meet the standard required fidelity necessary for the production of the items and their dependable use or end item interaction. SPICER HEAVY AXLE & BRAKE, INC (1MVZ1) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

CLIN NSN CAGE Source

0002 2590015781565 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

0003 4720015747256 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

0005 4820015636888 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

[ X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

For this NSN, 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. The source for the item, identified by NSN below is the only source known to own or possess the technical data necessary to manufacture the item.

CLIN NSN CAGE Source

0004 4820013722769 1MVZ1 SPICER HEAVY AXLE & BRAKE, INC.

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

[ X ] The acquisition was synopsized on: January 18, 2017.

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

This procurement shall be completed using FAR 12 commercial procedures. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.404-1. The Contracting Officer will use price analysis and acquisition history to determine that the contract award prices are fair and reasonable. In addition, the offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness. This data may consist of material cost or an explanation of their pricing approach.

8. Market Research/Efforts to Obtain Competition: The Acquisition Specialist conducted research efforts after an initial attempt by the ZAA market research team produced no results. A sources sought notice was issued for five business days on the Federal Business Opportunities website on 5/19/2017. No responses were received.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

8/17/2015: Market surveys were sent to eight companies by ZAA research team; CAGEs 0FW39, 0NJT4, 1MVZ1, 4GK47, 4M372, 06YZ5, 7S526, and 55683. No responses received.

12/1/2016: Upon project assignment, the Acquisition Specialist recommenced the market research process with a series of emails to eight contractor based on previous research efforts, and previous contract awardees; surveys were issued to CAGEs 0FW39, 0NJT4, 1MVZ1, 4GK47, 4M372, 06YZ5, 7S526, and 55683.

12/8/2016: Follow up emails sent to all eight companies.

12/14/2016: Additional follow up conducted to obtain contractor responses.

12/16/2016: Two responses received: one survey from (1MVZ1) Dana Incorporated and one from (0NJT4) Ruta Supplies Incorporated. Another two contractors declined participation: (0FW39) BAE Systems, and (06YZ5) Badger Truck. No other responses were received.

• Response(s) received to Market Surveys:

1. (1MVZ1) SPICER HEAVY AXLE & BRAKE (dba DANA INCORPORATED) – 12/15/2016 – in Sales, expressed an interest in all NSNs via email. However, his interest was in quoting through authorized distributors only. They will not quote government-direct. Contractor is a large business that is unable to provide certifiable cost/price data as they have never provided it to DLA before. There was no information forthcoming regarding whether their items are commercial or not. However, their internet website/presence reveals they do operate in the commercial marketplace. Regarding the survey, responded stating, “This [survey] is as complete as I can offer”.

2. (0NJT4) RUTA SUPPLIES – 12/8/16 – , Account Manager, emailed a complete survey response. They are a small business dealer interested in a contract with an

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.

10. A listing of sources, if any, indicating an interest in the acquisition is:

1MVZ1 – SPICER HEAVY AXLE & BRAKE (dba DANA INCORPORATED)

0NJT4 – RUTA SUPPLIES

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

[X] The solicitation contains the Procurement Note L04 Offers for Part Numbered Items—applicable to all CLINs except 0001, 0007, and 0008 [X] The solicitation contains the provision L&M Proc Note 217-9023 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE CONTROLLED ITEMS (APR 2017) – applicable to CLINs 0001, 0007, and 0008

No further actions can be taken until such time the government determines that the items specification can be obtained economically. Until such time, all offers providing any part other than that of the approved part number

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

are prohibited unless technically evaluated prior to the issuance of the solicitation. All sources other than the approved source can only respond as a dealer/distributor. Records Management, the official contract file, was checked and the J&A for contract SPM7LX-12-D-0058 was located containing justification for one NSN; this J&A is attached for further review, but no other J&A’s could be located.

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

APPROVAL/CERTIFICATION

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

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

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

WARNER.BRANDY.DANI

ELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

Date: 2017.07.27 12:36:39 -04'00'

COUTURE.MARY.E.1230253

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.08.01 11:50:26 -04'00'