SPE7MX17R0070_-_J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [SPE7MX-17-R-0070]

[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 required to meet the using activity’s needs are described as follows:

CLIN NSN ITEM UNIT AMC AMSC ADQ ADV

0001 1005015765164 MAGAZINE,CARTRIDGE EA 3 D 18125

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

CARBINE, 5.56 MILLIM (TAMCN: E01957)

CARBINE, 5.56 MILLIM (TAMCN: E01907)

RIFLE, 5.56 MILLIMET

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:

NAME CAGE PRT NUM

MAGPUL INDUSTRIES CORP. 1LX50 MAG570-BLK

The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above:

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

The use of the authority cited is based on:

AMSC AMSC Description

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.

Magpul Industries is the only approved manufacturing source and only known source to own or possess the technical data necessary to manufacture this item.

The Product Specialist group reviewed and verified the AMC/AMSC code on 3/14/17, and stated this item is sole source to cage 1LX50, part number MAG570-BLK

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

[X] The acquisition will be synopsized on or about March 1, 2017.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Cost and Pricing Data is not required per FAR 15.402-1 (b)(3). The contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable as required by FAR 6.303-2(a)(7). In addition, the offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness.

8. Market Research/Efforts to Obtain Competition: a Sources Sought was issued on FedBizOpps on 12/13/16, with a closing date of 12/20/16; there were no responses received. The Sourcing Strategy Branch, ZAA, conducted market research. The Sourcing Strategy Specialists (SSS) sent out a survey on 10/15/15, and a follow up email to each company on 6/9/16, to the following companies: Atlantic Diving Supply, Magpul Industries, and Defense Solutions Group.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX17R0070

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

The market survey asked companies to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones.

Only Atlantic Diving Supply responded to the market survey request. A summary report was generated by David Hutt, DLA Land and Maritime ZAA, on 12/21/16. The buyer sent follow up emails again for market response to MagPul Industries and Defense Solutions Group on 3/14/17, and no responses were received. Below is a summary of the sole response received:

Atlantic Diving Supply (1CAY9) — , Contracts Manager at ADS, responded to the market survey on 6/27/16.

Small business dealer Is interested in pursuing a successor long-term contract for any or all of these items

Checked that the items are commercial and cannot provide un-redacted invoices but can provide availability to the general public

9. 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 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: Atlantic Diving Supply (1CAY9)

11. This item is subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 Offers for Part Numbered Items.

12. The J&A for the previous procurement, contract SPE7LX12D0080, is included.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

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.DA

NIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

Date: 2017.03.15 09:53:41 -04'00'

Date: 2017.03.16 13:26:26 -04'00'

COUTURE.MARY.E.123

0253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.03.20 12:31:33 -04'00'