FLAT_SPE7LX19R0115_J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-0115

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 ADQ ADV AMC/AMSC Approved CAGE/Part

Number

Transparent Armor 2541015814183 1,644 1/R

CAGE 34623 P/N 6034688

CAGE 458W5 P/N SBG-

152-04-02

CAGE 6JPY0 P/N

6034688RE

Identify end item, weapon system, or class of item: HMMWV (80A0)

ESTIMATED TOTAL CONTRACT VALUE:

MAXIMUM CONTRACT VALUE:

These items will be solicited using FAR 15 Contracting by Negotiation Procedures. The solicitation will be for a Firm Fixed Price contract with a 3 year base period and 2 one-year options. There are only three approved sources of supply for these items; therefore the acquisition will be limited to the approved sources and their suppliers. The resulting contract will be a split-award competed amongst the approved sources of supply and or their distributors.

The purpose of split awards is to ensure continuous availability of reliable sources of supplies and to satisfy projected needs based on a history of high demand.

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. There are only three Approved Source for these NSNs listed in the above table.

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. These sources retain the data rights and technical data necessary to manufacture these items. The Government does not own the data needed to purchase this item from additional sources. The aforementioned approved sources are the only sources with the unique design capabilities, engineering skills, and manufacturing knowledge for these items. Adequate data for the evaluation of an alternate offer is not available at the procurement agency. The offeror must provide a complete data package including data for the approved and alternate part for evaluation.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

CLIN 0001: AM General LLC (CAGE 34623) and Standard Bent Glass (CAGE 458W5), Patriot Armored Systems (6JPY0)

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:

[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.

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 March 8, 2019.

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

[X] The acquisition will be synopsized for a minimum of 15 days to FBO.

[X] The acquisition will be solicited on DIBBs for a minimum of 30 days.

[X] A Sources Sought was posted to FBO from April 24, 2019 with a response date of April 30, 2019. No responses were received.

7. 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. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. IAW FAR 15.403-1(b) (1) cost and pricing data is not required as adequate price competition is expected for all items.

8. Market Research/Efforts to Obtain Competition:

A sources sought was posted on April 24, 2019, no responses were received. Market Research Surveys were sent to all 3 approved sources, two approved sources have provided the item in the past. Responses were received from Patriot Armor, the only source that has not provided this item to the Government in the past. 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 AM General.

Techniques used to conduct survey [X] Market Research was e-mailed to 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, commerciality. 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 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:

Patriot Armored Systems (6JPY0) responded via email on April 2, 2019 to the Market Survey requests that they would accept a 3 year base with 2 one year options for these items. They stated they hav

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

Per FAR 2.101(b), the items on this solicitation have been determined by the Contracting Officer to be non-commercial. This information is based upon the information obtained in the market survey and the NSN’s specification requirements. The Contract Specialist’s review of the COTS field in the Material Master of SAP is blank. The Market Survey response from Patriot Armor indicated that manufacturers do not sell these items to the general public. Additionally, the Contract Specialist searched the GSA schedule as well as online search databases and the items were not found. Therefore, it is the Contracting Officer’s determination that these items are not commercial, and FAR 15 will be applied.

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.

11. A listing of sources, if any, indicating an interest in the acquisition is: Patriot Armored Systems (CAGE

6JPY0)

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

[X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items and DLA Procurement Note L04 Offers for Part Numbered Items.

13. Prior J&A 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

Competition Advocate

Head of Contracting Activity

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

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

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

Attachment:

Attachment 1 – Prior J&A

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2019.05.20 15:19:34 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.05.29 08:16:12 -04'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.104117

Date: 2019.06.04 17:21:19 -04'00'