JA_18RX035_April_19_ALL_SIGNED_redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-18-R-X035

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

(FEB 2017)

[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 full and open competition basis.

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

BRIEF

DESCRIPTION NSN

Approved CAGE/Part

Number

ADQ ADV AMC/AMSC

Vehicle Seat 2540-01-381-8392 32783/12446712-2

1,558 1-B62226/8.6046-01 3B481/7530-2705

Identify end item, weapon system, or class of item: Dropside Cargo Truck (KPA), HMMWV (80A), Troop Truck

(SFM)

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. This NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 1/B. There are three Approved Sources for this NSN: Lasmer Industries (32783) Part Number 12446712-2, Isrighausen, Inc. (62226) Part Number 8.6046-01, H.O. Bostrom Company (3B481) Part Number 7530-2705.

The WebFlis database as well as AMPL were researched to determine all approved sources and part numbers. The only known and approved sources are the three sources listed above. The approved drawing number is 12446712 (Cage 19207). The current sources have been approved by the U.S. Tank Automotive Command (TACOM) Warren, Michigan Engineering Support. Any additional manufacturing sources are required to obtain drawings from the approved source or manufacturer and provide Source Approval Request (SAR) Package for review that must be approved to be added as an approved source. This CLIN is Vehicular seat. The seat is not considered to contain hazardous material or any precious metals.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Lasmer Industries (32783), Isrighausen, Inc. (62226), H.O. Bostrom Company (3B481). The 3 approved sources are the only manufacturing sources specified on source control drawing 12446715 (19702).

6. The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time

The use of the authority cited is based on:

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

(FEB 2017)

[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.

In accordance with FAR 6.303-2(c) supporting data that is the responsibility of technical personnel has been certified as complete and accurate by the technical personnel. The above AMC/AMSC codes have been approved with the Product Specialist as complete and accurate as of April 18, 2018.

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

[X] The acquisition will be synopsized on or about 4/4/2018 [X] The acquisition will be solicited on DIBBs for a minimum of 15 days.

[X] A Sources Sought was posted to FBO from July 14, 2017 through July 21, 2017.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. Additionally, these are commercial of a type items, therefore a comparison will be made to the prices offered to the general public. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Cost and pricing data is not required as these items are being solicited under FAR 13.5 Simplified Procedures for Certain Commercial Items.

9. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on July 14, 2017, no responses were received. In addition to the sources sought, market surveys were sent to all 3 approved sources as well as Kampi, a distributor. A response was received from the Bostrom Contracts Administrator, on March 2, 2018. The buyer also spoke on the phone to indicated Isringhausen’s interest in the procurement, but as of the date of this J&A has not submitted a completed market survey. An analysis was performed of the information in Haystack to review the procurement history and whether any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that part numbers are source controlled by USA Tank Automotive Command.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers and the three approved sources. Phone calls were also made in instances where emails were not returned.

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, and EDI capability. Long Term Contract related questions asked include: whether the company is interested in an LTC, if a three-year base period with two one year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data. Other questions asked include: whether it would be beneficial to combine NSNs, whether the product is commercial, whether prices were published, whether prices would be included for transportation charges if the

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

(FEB 2017)

item requires FOB Destination, and whether the government would see any savings. Delivery questions were asked regarding phased delivery, and maximum quantity.

Summary of Markey Survey Information Received:

On 3/6/2018, a market survey was submitted by , Contracts Administrator, H.O. Bostrom (3B481) The response provided the following results:

1) Bostrom is a Small Business manufacturer with approximately 85 employees. DCCI is . Bostrom has indicated an interest in participating in a long-term contract with DLA for a total of 5 years. stated that Bostrom would be interested in participating in a 3-year base period with 2 one year options, however an annual escalation pricing adjustment would be need for the 2nd & 3rd Base years as well as the option years. Bostrom prefers priced escalation price adjustments over EPA-based adjustments. Bostrom stated that they would require

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

Bostrom initially indicated that this NSN was not commercial. However, after further conversations about the vehicle seat requirement, they believe it to be commercial of a type. H.O. Bostrom was able to provide a drawing and invoice for a commercial seat (Sierra Seat) that is similar to this project’s NSN. The SAPD Technical team was also contacted to assist with determining commerciality. Product Specialist, stated that the subject NSN for drawing 12446712 CAGE 19207 is commercial of a type. He stated that the approved drawing has some military standards pertaining to flammability, anti-fungal and impact resistant requirements, but with minor modifications to a commercial item, the requirement could be satisfied.

The Procurement Process Support Team was also contacted to assist with determining commerciality. The BP Analyst, recommended that the item be considered Commercial or of a Type. The BP Analyst took several aspects into account to recommend the NSN as a commercial of a type item, for the full report see Attachment 1 – Commercial Market Research. The past history shows that this NSN has been procured via the FASI-G contract, which is a service contract that contains commercial items. The Analyst compared the internal drawing for this NSN and the drawing provided by Bostrom for a similar seat called the “Sierra”, which proved to have the same dimensions with the major differences being the color, and the vibration requirements required by the military but not listed on the Bostrom drawing; these differences would need to be quantified by VE for pricing purposes. Bostrom also provided a public price list and invoice for their drawing most similar to this project’s NSN. The Sierra seat is also found on GSA advantage, with 16 results. The items are deemed commercial of a type based on the above market research.

10. 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.

11. A listing of sources, if any, indicating an interest in the acquisition is: H.O. Bostrom (3B481) and Isrighausen, Inc. (62226). Isringhausen indicated their interest via phone, but as of the date of this J&A have not returned the Market Survey.

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

[X] Solicitation contains L&M Proc Note 217-9023 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE

CONTROLLED ITEMS (APR 2017).

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

(FEB 2017)

13. The project NSN was previously on the FASI Global contract. The prior J&A for this contract is attached.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

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

Attachment:

FASI_GLOBAL_Contract_J&A

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2018.04.20 07:06:52 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.05.09 10:40:13 -04'00'