Redacted_JA_-_SPRAL117R0070_-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION:

SPRAL1-17-R-0070

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0070 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 for a Light Bar Assembly and Kit, Light Bar for the following NSNs 6220-01-560-1174 and 6220-01-559-7856. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized since after market research (FAR 10) and Marine Corp. technical data it was determined current NSNs are sole source to Ibis Tek, LLC (1SC69).

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

CLIN BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

0001 Light Bar Assembly 6220-01-560-1174 128 KT Q 0002 Light Bar Assembly 6220-01-560-1174 100 KT $ Q

Light Bar Assembly Kit, Light Bar

6220-01-560-1174 6220-01-559-7856

72 KT

16 KT

Q Q

Contract Line Item Number (CLIN), National Stock Number (NSN), KT is KIT (unit of issue) and Acquisition Method Suffix Codes (AMSC).

The items to be procured is has follow:

Light Bar Assembly (NSN 6220-01-560-1174) - The light bar assembly contains two remote controlled search light, 5.-24” light bars, control box and an assortment of harnesses to connect it all together. These lighting kits provide complete 360 degree light around the truck and have been approved by the program office as standard equipment to be on all Cougar MRAPs in the Marine’s fleet. The Cougar MRAP vehicle provides protection against direct fire, mines, IEDs and RPG rounds. The 4X4 variant is a Category 1 and 6X6 variant Category 2 vehicles. The Cougar MRAP has a V-shaped hull, which extends to the engine bay. Such design is intended to direct the blasé away from the vehicle. The end item is (2355-01-552-5565) MRAP Cougar CAT I.

Kit, Light Bar and Remote Control (NSN 6220-01-559-7856) – The kit, light bar and remote control includes 24 inch light bar; bracket front/side, 24 inch light bar; glare clip; bracket, rear, 24 inch; 45 inch light bar; bracket; side; 45 inch light bar; remote control HID/IR search light; bracket, remote control light master control box; mounting plate assembly, master control box; category 2 cable harness set; cable;

power harness; Y cable NBR 1; front streetside light bar; front curbside light bar; streetside light bar;

curbside light bar; rear light bar; Y cable NBR 2; streetside RCL power; curbside RCL power; 0.312-18 HEXNUT; 0.3125 USS FLAT WASHER; 0.3125 LOCK WASHER; 0.3125-18 type AEL rivet nut, grip range 0.150-0312, open end; 0.3125-18X1.50 HHCS, fully threaded; 0.3125-18X1.50 HHCS; 0.3125-18 type AEL rivet nut, grip range 0.027-0.150 open end; 0.3125-18X2.25 leveling mount; NBR 10-32X0.500 SHCS; 0.25-20 type AEL rivet nut grip range 0.165-0.260, open end; 0.250 USS flat washer; 0.250- 20X1.0 HHCS; P-CLIPS; fuses. The end item is 2355-01-529-2246; light armored vehicle; MMPC, cougar, joint EOD Rapid response vehicle (JERRV) 6X6 chassis; shaped hull.

Identify end item, weapon system, or class of item: DLR item from Albany, GA- TAMCN: D0025 & D0027

Previous J&A’s are attached to this document (Attachment #3 & #4).

Procurement history is available for these NSNs.

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0070 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION:

SPRAL1-17-R-0070

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Ibis Tek, LLC (1SC69) SPRAL116C0002 6220-01-560-1174 2/24/16 110 KT $9,500.00 BF

Ibis Tek, LLC (1SC69) SPRAL113C0050 6220-01-560-1174 6/21/13 50 KT $9,750.00 BG

Ibis Tek, LLC (1SC69) SPRAL113C0005 6220-01-560-1174 2/21/13 20 KT $9,750.00 BI

Ibis Tek, LLC (1SC69) SPRAL116C0010 6220-01-559-7856 3/10/16 50 KT $11,410.20 BG

ESTIMATED 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.

Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Ibis Tek, LLC. The technical certificate from SYSCOM is attached to this document. Ibis Tek, LLC is the only company known by the Government to possess the technical data necessary to manufacture these items.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSNs are sole source to Ibis Tek, LLC (1SC69) per DLR tech data from Albany,GA.

The use of the authority cited is based on:

(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 Q. 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 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

(X) The acquisition was synopsized on May 1, 2018.

(X) The solicitation will be posted to DIBBS for 30 days.

(X) Other (Explain): Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. However, the Light Bar Assembly and Kit, Light Bar need to be procured from the sole source manufacturer based on the tech data. The technical certificate from SYSCOM is attached to this document (Attachment #1).

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

The current requirement is sole source to Ibis Tek, LLC (1SC69) and will be solicited for 30 days. The requirement is for a total quantity of (228) EA for NSN 6220-01-560-1174 and a quantity of (16) EA for NSN 6220-01-559-7856 for a total estimate of $. DLA Land and Maritime will also use DCMA price reasonableness report dated March 9, 2018 – Report #18-033 and #18-034 (attachment #3) to assist with negotiations.

Certified Cost and Pricing data will not be required because the item is deemed commercial per FAR

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

2.101 & 3.104)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION:

SPRAL1-17-R-0070

15.403(b)(3).

In addition, the buyer will use previous awards (SPRAL116C0002 (NSN 6220-01-560-1174) & SPRAL116C0010 (NSN 6220-01-559-7856)) for the price analysis to establish Government targets. The price analysis will utilize a learning curve for the high target price and a learning curve for the low target price. The contracting specialist will also review commercial documentation/pricing when doing the price analysis.

8. Market Research/Efforts to Obtain Competition: Describe the market research conducted and the results.

A sources sought was conducted on FedBizOps from July 17, 2017 through July 27, 2017. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Ibis Tek, LLC. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during: market surveys were submitted two ways. The first way was via the source sought (July 7, 2017 through July 27, 2017) which included the market survey as an attachment and allowed for non-approved sources to submit a SAR. The second way market research was conducted via the market survey that was submitted to Ibis Tek, LLC (1SC69/sole source): July 7, 2017 through July 27, 2017.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Ibis Tek, LLC (1SC69) (OEM).

Techniques used to conduct survey: Email (communication) and written survey format technique. Types of information requested:

Source sought:

A sources sought was posted in FedBizOps on July 7, 2017 with a response day of July 27, 2017. The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture these NSNs in order to promote competition. Sources that are not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN.

LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN. While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: Market Survey was sent to Ibis Tek, LLC via email in order to tailor our current acquisition situation under the following NSNs – 6220-01-560-1174 and 6220-01-559-7856.

Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses for vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Ibis

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

2.101 & 3.104)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION:

SPRAL1-17-R-0070

Tek, LLC is sole source for these NSNs.

Ibis Tek, LLC (1SC69) This procurement is a code and part number (2203-100-001(CLINs 0001, 0002 & 0003) & 2203-200-001 (CLIN 0004)) buys to Ibis Tek, LLC. Ibis Tek, LLC is a small business per there SAM registration and their completed market survey. They are sole approved source for these NSN. l provide proposal within 30 days.

Information received regarding the commerciality of the item(s): Based on Ibis Tek, LLC (sole source) complete market survey and FAR 2.101 item is considered commercial.

DLA Land and Maritime Price/Cost Analyst requested DCMA CIG make both a commerciality and price reasonableness recommendation for 2 auxiliary light kits for the HMMWV vehicles to support the U.S.

Marine Corp. - (Report FY18-086). DCMA CIG Analyst requested a Technical Evaluation on December 12, 2017. DCMA CIG Engineer, was assigned on December 12, 2017. The Technical Evaluation was completed on March 1, 2018. recommends that the Ibis-Tek supplied light kits are commercial as defined in FAR 2.101, Commercial Item, Para (1). Market research was conducted during the review of the DLA Land and Maritime supplied files as well as internet resources. This market research consisted of reviewing NSN data for six (6) component part numbers, obtaining formal commercial market quotes for both kit and component parts, and analysis of alternate sources to support this acquisition. Market research is required to be completed per FAR Part 10, with the purpose of this market research to determine if the component parts are available in the commercial marketplace and/or offered for sale, lease, or license to the general public.

As recommended by the DCMA CIG Engineer, , in his report FY18-086 (Attach. 5), “The DCMA Commercial Item Group (CIG) engineer recommends that the offered Light Bar Assembly (Part Number 2203-100-001) and Kit, Light Bar (Part Number 2203-200-001) are of-a-type commercial items. DCMA stated the components are readily available to and used by the commercial marketplace in various function (the lights) and the subcontractors of the kit components sell those components to the general public under different part numbers/similar items.

On March 16, 2018, Contracting Officer Ms. Julie Miller concurred with DCMA that the items are commercial.

The item is being deemed commercial and therefore FAR 12 procedures will be utilized.

9. Additional facts supporting other than full and open competition are:

Based upon the technical certification on file via the technical certification from SYSCOM 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 is: (If none, so state) Ibis Tek, LLC (1SC69)

11. These items are subject to the following methods of locating additional sources:

(X) The solicitation contains the DLAD Procurement Note L04, Offers for Part Numbered

5 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

2.101 & 3.104)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION:

SPRAL1-17-R-0070

Items.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corp. does not intend to procure the technical data necessary to foster competition. A source sought was posted in FedBizOps for 10 calendar days without receiving any responses for vendors submitting either SAR or market survey information for this requirement.

Attachment:

1. DLR Technical Certifications

2. PR Trailers

3. Previous J&A – SPRAL1-16-R-0006

4. Previous J&A – SPRAL1-15-R-0005

5. DCMA CIG Report FY18-086

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.

614 692 4841 1 2018 Contracting Officer Phone Date

Julie M. Miller Typed name of Contracting Officer

Approval/Certification

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) $700,000 to $13,500,000 Competition Advocate

Date