SPE7MX20R0022-JA-FBO.pdf

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LOCK, LEFT ASSEMBLY Federal contract opportunity
Solicitation number
SPE7MX20R00220010
Issued by
Defense Logistics Agency Land and Maritime

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Justification and Approval SPE7MX-20-R-0022 Page | 2

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

MAXIMUM CONTRACT VALUE:

3. Description of Agency’s Need (10 U.S.C. 2304(f)(3)(A)):

The 524 NSNs listed in Attachment 1 include 491 consumable NSNs that are managed by DLA and 33 Depot Level Repairable (DLR) NSNs that are managed by the U.S. Army Tank-automotive and Armaments Command (TACOM). GDLS is the sole source of supply for all of the 524 NSNs. The 524 NSNs support various military vehicles for which GDLS is the Original Equipment Manufacturer (OEM) including, but not limited to, the Abrams Main Battle Tank, Light Armored Vehicle Family of Vehicles, Cougar, Buffalo, and RG-31.

4. Authority for Other than Full and Open Competition:

The authority for Other than Full and Open Competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1.

For the 491 consumable NSNs, only GDLS, has the technical data, data rights, and manufacturing knowledge necessary to manufacture this group of sole source consumable NSNs. The technical information was certified as complete and accurate by the appropriate Product Specialist as shown in Attachment 7.

These 491 NSNs have Acquisition Method Suffix Codes (AMSC) of B, C, D, L, P, Q, and R.

These codes signify that the items fall within one of the following categories. Each individual NSN’s AMSC code is listed in Attachment 1.

AMSC B – 3 NSNs

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.

The limited availability of sources for an item coded with an AMSC of “B” indicates the item(s) is identified with an increased level of criticality therein requiring a high degree of production and manufacturing fidelity. The AMSC code is subsequent technical direction to acquire this item directly from the manufacturing source(s) specified on the source control drawing. This does not preclude offers from dealers; it means the manufacturing sources are restricted to the approved sources on the source-controlled drawing. Although there is a source-controlled drawing(s), the drawing(s) are insufficient to provide for full and open competition. GDLS is technically qualified to manufacture the item(s) because it has the data, data rights, or manufacturing knowledge necessary to manufacture these critical items.

AMSC C – 133 NSNs

Justification and Approval SPE7MX-20-R-0022 Page | 3

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. For these items, GDLS is currently approved by the design control activity. GDLS possesses the requisite data or data rights necessary to manufacture these items to ensure quality. 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.

AMSC D – 268 NSNs

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. GDLS owns or possesses the technical data necessary to manufacture these items.

AMSC L – 49 NSNs*

The annual buy value of this part falls below the screening threshold established by DoD components and field activities. However, this part has been screened for additional known sources, resulting in either confirmation that the initial source exists or that other sources may supply the part. No additional screening was performed to identify the competitive or noncompetitive conditions that would result in assignment of a different AMSC. This code shall not be used when screening parts entering the inventory. This code shall be used only to replace AMSC O for parts under the established screening threshold.

The Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than by reference to the part number of the identified source. GDLS has been evaluated by the military services’ Engineering Support Activity and it is capable of supplying this part to satisfy the military customers’ requirements and needs.

*APPLIES TO LTCs - An Item identified by AMSC A, H, or L has been subjected to limited screening. The Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than the identified source. Items identified by AMSC A, H, or L on Long Term Contracts, are subject to annual review for possible assignment of a different or permanent AMSC. DLA Land and Maritime agrees to maintain a continual review of these items to ensure that an annual review at a minimum, in part to determine if new technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available during the solicitation evaluation phase will be removed from the acquisition requirement. Any item determined after contract award to be competitively available may be deleted from the contract and resolicited.

Justification and Approval SPE7MX-20-R-0022 Page | 4

AMSC P – 2 NSNs

The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. GDLS owns or possesses the technical data necessary to manufacture these items.

AMSC Q – 13 NSNs

The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in DFARS PGI 217.7506 Part 2-203(b). DLA Land and Maritime has agreed to review these AMSC Q items per the time fames cited in DFARS PGI 217.7506 Part 2-203(b). Should a breakout to competition occur during the life of the contract as a result of these reviews, the item may be deleted from the contract and resolicited to obtain benefits of increased competition. GDLS owns or possesses the technical data necessary to manufacture these items.

AMSC R – 23 NSNs

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. GDLS owns or possesses the technical data necessary to manufacture these items.

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of GDLS’s unique qualifications to justify the use of 10 USC 2304(c)(1).

As detailed above by the AMSC descriptions, the Government does not have complete and adequate data or data rights for the consumable NSNs. Only GDLS has the technical data, data rights, manufacturing knowledge and capability necessary to manufacture the consumable NSNs. These items are replacement parts in higher level military assemblies for which GDLS was the designer and OEM; thus, it is essential that this group of items be obtained from GDLS to ensure configuration control of the higher level military system.

GDLS is the sole source of supply for all 33 DLR NSNs because it is the only known source that has adequate and sufficient data, data rights, and manufacturing knowledge necessary to manufacture and supply these 33 DLR NSNs to meet the needs of the military. Technical reviews conducted by the Tank-automotive and Armaments Command (TACOM) Product

Justification and Approval SPE7MX-20-R-0022 Page | 5

Specialists for the DLR NSNs have certified the technical information relied upon in this document as complete and accurate as of the time of the reviews in May/June 2020 (Attachment 5). All 33 DLR NSNs are managed by TACOM. The Contracting Officer relied upon the TACOM Product Specialist technical review and certification rather than Acquisition Method Suffix Codes (AMSC) to conclude that GDLS is the sole source of supply for these items and the Government does not possess the technical data necessary to facilitate a solicitation under full and open competitive procedures. The level of data the Government possesses for each DLR NSN is listed in Attachment 5. TACOM has certified that the DLR NSNs have limited sources of supply (all GDLS except as noted directly below).

The following NSNs are cases where GDLS is not the only potential source of supply, but is the only source capable of satisfying this requirement.

NSN 6625016649369 (Window, Observation) has two approved sources of supply:

GDLS (CAGE 0HGX3) and American Panel (CAGE 1LUE0). However, the only available source of supply is GDLS. This NSN is currently on contract SPE7MX-16-D- 0100. American Panel has been contacted regarding its interest in participating in this procurement. American Panel has indicated it would not act as a prime contractor for this action without GDLS’s explicit approval due to the considerable investments made by GDLS into the NSN 9340-01-664-9369 product/program over many years. GDLS was contacted about providing approval of American Panel acting as the prime contractor for this action and was unwilling to provide such approval. American Panel will continue to act as the subcontract source to GDLS for this item. GDLS has been the only source of supply found in the Government’s acquisition history of NSN 6625016649369. GDLS supplied the only offer received for contract SPE7MX-16-D-0100.

NSN 5895016271740 (Container, HMPU With) part number 57K6573 is a combination of two parts, GLDS (CAGE 0HGX3) part number 12546088 (Mission Processor Unit) and Container Assembly from Hardigg Industries, Inc. (Hardigg) CAGE 11214 part number 16776-301 (NSN 8145-01-535-0337). Although both parts are not produced exclusively by GDLS, GDLS is the only available source of supply for this NSN. The Government does not own proprietary rights to the data that would be required to produce a competitive Technical Data Package (TDP). The technical data required to manufacture this item (Container, HMPU With, Manufacturer (GDLS) part number 1256088) belongs to GDLS. Part number 1256088 was developed, tested and obtained the Government’s approval of this item at the cost of GDLS. The Government did not fund GDLS’s efforts in developing and testing this item. Additionally, the Government did not fund GDLS to prepare fully detailed TDPs after approval. As such, GDLS is the sole owner of their drawings and technical data rights. Manufacturing of the Container for NSN 5895016271740 is restricted to Hardigg. GDLS CAGE 0HGX3 buys the Container from Hardigg and the Government buys the whole part (P/N 57K6573) from GDLS. GDLS has been the only source of supply found in the Government’s acquisition history, and GDLS submitted the only offer received for this NSN’s most recent contract

(SPRDL1-18-C-0295).

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