SPE7LX-19-R-X081_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-19-R-X081

[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. The solicitation will be conducted under the policies of FAR Subpart 13.5 “Simplified Procedures for Certain Commercial Items.” Per FAR 13.501(a)(1): Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. Also, per DLAD 13.500(4), “A Justification and Approval (J&A) is required only for sole source acquisitions.” DLA Land and Maritime proposes to enter into a firm-fixed price, indefinite quantity contract. The solicitation will be for a total of three years, which includes one three-year base period.

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

CLIN NSN UI ADQ ADV AMC AMSC

0001 2610-01-538-2632 EA 929 3 D

ESTIMATED TOTAL VALUE:

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 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 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. The source listed above is the only approved source and they are the only known source to own or possess the technical data necessary to manufacture this item.

CLIN NSN CAGE Company Part Number Weapon System

Code Weapon System

Description 0001 2610-01-538-2632 4TVG2 Textron Ground Support Equipment 50-10-0004 DUN Consolidated PSE

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

For the reasons stated in the above chart and based upon market research, summarized below, the approved source identified for this NSN is the only know source who currently manufactures or is capable of manufacturing this item to meet the military customer(s)’ need.

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

The acquisition was synopsized on May 9, 2019.

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 15.403-1(b)(3) for the item listed above. This item is being solicited i/a/w Subpart 13.5 “Simplified Procedures for Certain Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. The buyer may request information other than cost or price data to support price reasonableness if necessary.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, with a copy of the market survey attached, was posted on FedBizOpps from 3/29/19 through 4/4/19, with Bridgestone responding. with Bridgestone responding.

Bridgestone provided two tires similar to the part numbered required for this acquisition, one from Specialty Tires of America and the Super Grip GS185/14TT2-RIB. Bridgestone was informed to submit the technical specifications for approval. The Program Engineering and Quality personnel at Special Systems and Component Engineering-Tires U.S. Army Combat Capabilities Development Command, Ground Vehicle Systems Center RDTA-SIE-ES-PEQ-SPECSYS indicated that the alternate offer from Bridgestone is not approved as this NSN 2610-01-538-2632 is specified by Manufacturer's Textron GSE P/N 50-10-0004, and used on Navy Ground Support Equipment.

Furthermore, DLA does not have any drawings or tech data linked to this NSN. Bridgestone would have to submit a SAR package for this item. This information was relayed to Bridgestone.

Bridgestone has not indicated that it would submit a SAR package for this item to date.

Market research was also conducted to gather information regarding commerciality of this item.

Textron Ground Support Equipment (Textron) was asked whether this NSN constituted a commercial item, as defined in FAR 2.101. Textron indicated, in their market survey, that this item is commercial. They indicated that the part number for NSN 2610-01-538-2632, 50-10-0004, is close to T6-2400-166. Textron indicated that T6-2400-166 is an 8x16.5 tire commonly used on Ground Support Equipment. Textron provided an un-redacted invoice for this part number. Textron indicated that the part number we are acquiring is similiar to the Super Grip GS185/14TT2-RIB.

Accordingly, the Contracting Officer is able to conclude that the tires subject to this requirement fall under the FAR commerciality definition “of a type” language, referenced above. Textron is also a large business manufacturer who is interested in this procurement. They indicated that they would

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

. A search of the internet shows that the T6-2400-166 part number is sold online. Also, a review of the previous procurement, SPE7M1-15-D-0009, indicates that this item was solicited and awarded under commercial acquisition procedures.

9. The confirmation of sources listed above was completed by the Product Specialist of Record, as stated above. Based on the limited data the Government possesses, only the approved sources can meet the Government’s minimum needs for this item. 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.

10. 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 this CLIN and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

11. 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.

12. The J&A for the previous contract for this item, SPE7M1-15-D-0009, could not be located.

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.

Charles E. Mielke II, Contracting Officer Date

APPROVAL/CERTIFICATION

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

Competition Advocate Date Signature

APPROVAL REQUIREMENTS

[ x ] $700,000 - $13,500,000 Competition Advocate

MIELKE.CHARLES.EVANS.II.1253

169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2019.05.09 14:00:13 -04'00'

HOPSON.LILLI.A.1230127324 Digitally signed by HOPSON.LILLI.A.1230127324 Date: 2019.05.21 07:23:58 -04'00'

5/9/19