SPE7MX21R0072_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-21-R-0072

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[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.

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

BRIEF DESCRIPTION NSN

ANNUAL

DEMAND

QUANTITY

EST.

ANNUAL

DEMAND

AMC

AMSC

Elevation Indicator 1260-01-571-9771 178 3 D Swingarm Assembly 3040-01-579-6785 10 3 D

1 Year Base Estimated Value = 5 Year Total Estimated Value = Contract Maximum =

Estimated value and contract duration:

The proposed action is for the solicitation and award of a five-year, Firm-Fixed-Price, Indefinite Delivery Contract (IDC). The five-year period is inclusive of a one-year base period and four separately priced one-year option periods. The one-year base period estimated value is and the base period plus four option years' estimated value is . The contract maximum is The contract minimum is

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

Project CM21025071 is for two (2) National Stock Numbers (NSNs). Subject NSN 1260-01-571-9771 is described as an Elevation Indicator. The NSN is used on the machine gun 50 caliber, Browning and rocket launcher. NSN 3040-01-579-6785 is described as a Swingarm Assembly and is coded critical. This NSN is used on light armored vehicles and is coded most critical.

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(s):

Military Systems Group (0DDW5), part number M98-012 and M10-001-LAV

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC 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.

The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). Military Systems Group (ODDW5) is uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture the item. All means to obtain a technical data package adequate for manufacture of the item have been exhausted. The Product Specialist, on 02/02/2021, confirmed the technical information on which this J&A is premised is complete and accurate. The AMC/AMSC code of 3D was confirmed by the Product Specialist, and that the approved source is Military Systems Group

(0DDW5).

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 31, 2021 for 15 days. At the completion of the synopsis period, this PR will be solicited on the internet for a minimum of 30 days via the DLA Internet Bid Board System

(DIBBS).

[X] Dealers of the manufacturers will be solicited.

In an effort to research and obtain dealer competition, the Government posted a sources sought on Beta.SAM.gov from 03/01/2021 to 03/05/2021. No additional sources responded or were found.

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

The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary. Buyer will also utilize PPI Data. PPI Data provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. The buyer anticipates receiving more than one offer, and adequate price competition between dealers is expected to exist at time of evaluation of offers. Certified Cost and Pricing Data clauses are included in the solicitation to cover the solicitation if only we receive a single source and will be removed if multiple offers are received.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

In additional to the sources sought notice, the Government sent market surveys to the approved sources on 03/01/2021 with a response date of 03/05/2021. Three responses were received, but only one vendor, ECI Defense Group (4BJ65) returned the market survey. The other two vendors, JGILS (1N8T8) and BDS Supply (33YQ3), indicated they were not interested. Market surveys were sent to the following vendors:

Name CAGE Code

JGILS 1N8T8

BDS Supply 33YQ3

Phoenix Trading Sales 4LF36 Hoosier Industrial Supply 0RCD8

TNL Sales 1XLG2 Pioneer Industries 66200 SIT Corporation 1MBQ3

V. Lopez Jr. & Sons General Engineering Contractors 44JG2

Statz Corporation 3WGD1 ECI Defense Group 4BJ65

Military Systems Group 0DDW5 Martin Military 1WZZ2

In addition, internet research was conducted. However, no additional sources were found. As of 03/11/2021, no additional sources responded to the notice.

Techniques used to conduct survey: Email and sources sought notice.

Types of information requested: Commerciality, FOB, Delivery, Quantity Breaks, and General information questions.

Summary of information received:

12 sources were contacted and only one source completed the market survey.

ECI Defense Group, Cage Code 4BJ65:

Small dealer/distributer.

20 employees.

Interested in pursuing a LTC for this item.

Actual Manufacturer Name: Military Systems Group, Cage 0DDW5

Items are not commercial.

Information received regarding the commerciality of the item(s): These NSNs are not listed on any GSA Federal Supply Schedules. In addition, no catalogs or price lists were available. An internet search only showed general Government specific / defense contractor use websites, which pull their information from ILS. The part numbers cannot be purchased directly from these sites. These NSNs are a cage and part number buy. Based on this information, the NSNs do not meet the definition of a commercial item per FAR 2.101 (“Commercial Item” (1)(ii)). The contracting officer has therefore determined the item not to be commercial.

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.

10. A listing of sources, if any, indicating an interest in the acquisition are: ECI Defense Group (4BJ65)

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

[X] Solicitation contains DLA Procurement Note L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note M06 Evaluation of Offers for Part Numbered Items [ ] Solicitation contains DLA Procurement Note L22 Restriction of Offers for Source Controlled Items [X] Other (Explain): The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. For NSN 3040-01-579-6785, all other buys were below SAT, therefore, J&As were not required. For NSN 1260-01-571- 9771, previous J&A for contract SPM7M9-13-C-0003 is attached. However, the copy place in records management was not the signed copy.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL / CERTIFICATION

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

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] $750,000 to $15,000,000 Competition Advocate

Attachments:

#1 – Technical certification #2 – Previous J&A for NSN 1260-01-571-9771

MATZ.RICHARD.JA

MES.1080066615

Digitally signed by

MATZ.RICHARD.JAMES.1080066615

Date: 2021.04.01 11:01:55 -04'00'

HOPSON.LILLI.A.1

230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2021.04.05 17:18:02 -04'00'