Redacted_J&A.pdf

JUSTIFICATIONS FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0030

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 1 of 7SOURCE 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 of the ENCODER COUPLER, DIGITAL DATA (7050-01-648-7157 and 7050-01-648-7156) and ELEVATING TRAVERSING MECHANISM (1010-01-648-7158 and 1010-01-648-7159). There are four (4) Contract Line Item Numbers (CLIN) assigned to this solicitation. Other than a full and open competition basis per FAR 6.302-1 and 10 U.S.C.

2304 (c) (1) will be utilized after market research (FAR 10) and U.S. Marine Corp tech data it was determined that these four NSNs on the requirement are sole source to Moog Inc. (94697) which is a large U.S. manufacturer.

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

CLIN BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

0001 ENCODER COUPLER, DIG 7050-01-648-7157 8.00 $260,433.84 H*

0002 ENCODER COUPLER, DIG 7050-01-648-7156 8.00 $378,436.56 H

0003 ELEVATING TRAV 1010-01-648-7158 8.00 $261,774.16 H

0004 ELEVATING TRAV 1010-01-648-7159 10.00 $540,484.20 H

TOTAL VALUE $1,441,128.76

*An email was sent to LOGCOM recommending a permanent AMSC code.

A prior J&A is not available as all of these NSNs were not procured by DLA Land and Maritime in the past. The last procurement for these items were U.S. Army Contracting Command in Warren, Michigan.

The Justification and Authorization for Other Than Full and Open Competition is not available from their procurement.

Items descriptions:

7050-01-648-7157 - ENCODER-COUPLER, DIGITAL DATA (part number CB48075-001) is a component that controls the input of information into the turret. This is a secondary item to an Elevation Encoder Assembly on the Light Armored Vehicle, Anti-Tank Modernization.

7050-01-648-7156 - ENCODER-COUPLER, DIGITAL DATA (part number CB48074-001) is a component that controls the input of information into the turret. This is a secondary item to an Azimuth Axis Encoder Assembly on the Light Armored Vehicle, Anti-Tank Modernization.

1010-01-648-7158 - ELEVATING AND TRAVERSING MECHANISM (part number CB48072-001) is a component that controls the up and down movement and right and left movement of the turret. This is a secondary item to an ROTARY EM DRIVE ASSEMBLY on the Light Armored Vehicle, Anti-Tank Modernization.

1010-01-648-7159 - ELEVATING AND TRAVERSING MECHANISM (part number CB48073-001) is a component that controls the up and down movement and right and left movement of the turret. This is a

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 2 of 7 SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) secondary item to an ROTARY EM DRIVE ASSEMBLY on the Light Armored Vehicle, Anti-Tank Modernization.

End Item Description and image – LAV-ATA 2 ANTI-TANK # 2355-01-539-3618:

The LAV-25 (Light Armored Vehicle) is an eight-wheeled amphibious armored reconnaissance vehicle used by the United States Marine Corps and Canadian Army. It was built by General Dynamics Land Systems Canada, based on the Swiss MOWAG Piranha I 8×8 family of armored fighting vehicles.

LAV-AT (Anti-Tank) LAV fitted with an Emerson 901A1 TOW-2 ATGM (Anti-Tank Guided Missile) launcher, the same turret that was fitted on the M901 ITV (Improved

TOW Vehicle). It is also armed with a pintle-mounted M240E1 or M240B general-purpose machine gun.

It carries a total of 16 TOW missiles, and 1,000 rounds of 7.62 mm ammunition.

LAV-ATM (Modernization) replaces the Emerson turret with the Modified Target Acquisition System (MTAS) turret. Improvements include always being in the up position to scan and track while moving and a more reliable digital design. The turret is also unmanned, can fire both wire-guided and radio frequency TOW missiles, has an improved thermal sight, Far Target Location system, new commander/gunner video sight displays, and an electric elevation and azimuth drive system to rotate the system onto target. Development began in 2012 and fielding started in September 2017.

ESTIMATED VALUE in U.S. dollars: $1,441,128.76

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:

These items are sole source to Moog Inc. (94697) for part numbers, CB480075-001, CB48074-001, CB48072-001 and CB48073-001. As a result, Moog Inc. (94697) is uniquely qualified to provide these spare parts for the United States Marine Corps. Moog Inc. (94697) is the only known firm that possesses the technical data, drawings and specifications necessary to fulfill the Governments requirements. In addition, Moog Inc. (94697) developed much of the design, technical data, material, and manufacturing processes required to manufacture this item.

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

(X) AMSC H. The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC.

If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 3 of 7 SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104)

(X) FAR 6.302-1 and 10 U.S.C. 2304 (c) (1). – Available from only one or limited number of sources:

Moog Inc. (94697) as per the technical certificate from U.S. Marine Corps SYSTEM COMMAND

(SYSCOM).

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

(X) The acquisition was synopsized on January 12, 2018 until January 25, 2018.

() Manufacturers of similar products identified in the market research will be solicited.

() Dealers of the manufacturer will be solicited.

() A synopsis exception cited in FAR 5.202 applies. (Explain)

(X) Other (Explain) – A sources Sought was conducted on FedBizOps from May 31, 2017 until May 24, 2017 under solicitation SPRAL1-17-R-0030. There was one (1) market survey with a response received to the sources sought notice that was published for ten (10) calendar days. The market survey and questionnaire was received from Moog Inc. (94697), who is the sole source manufacturer, based from the technical certification that was provided by the U.S. Marines Logistic Command (LOGCOM).

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

DLA Land and Maritime does not have any procurement history for these NSNs 7050-01-648- 7157 (part number CB48075-001), 7050-01-648-7156 (part number CB48074-001), 1010-01- 648-7158 (part number CB48072-001) and 1010-01-648-7159 (part number CB48072-001).

However, all four of these NSNs were previously procured via U.S. Army Contracting Command on February 1, 2017 via contract number W56HZV-17-C-0061. Therefore, a price analysis for these four (4) NSNs will be conducted by using the previous unit prices from contract W56HZV- 17-C-0061.

The offeror will be required to submit cost and pricing data as the estimated value of this acquisition is more than Certified Cost and Pricing Data threshold of $750K (FAR 15.403-4) to ensure the prices offered will be fair and reasonable.

These part numbers were also researched in Eprocurement and Haystack, but no information was found. Similar items were also researched in Haystack, but none were found. The General Services Administration (GSA Advantage) website was also researched, but none are available for purchase via GSA since this item is not available to the commercial market. GSA provides a centralized procurement for the federal government offering commercial products, services, and facilities.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 4 of 7 SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104)

A source sought was conducted on FedBizOps from May 10, 2017 through May 24, 2017. In addition to the sources sought, a market survey and first time buy questionnaire was submitted to Moog Inc. (94697), for their completion. There was one response received to the source sought notice that was published for ten (10) calendar days. An incomplete market survey was received from Chris Leslie, Program Manager of Moog Inc (946697) on May 31, 2017. Chris Leslie indicated in the email correspondence that her superiors advised her not to submit the first time buy questionnaire or to complete the rest of the market survey because they only provide specific information during proposal. The results of the market survey will be discussed in detail under “Type of Information Requested.” An analysis was performed on the information in Haystack and to review if any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that these NSNs 7050- 01-648-7157 (part number CB48075-001), 7050-01-648-7156 (part number CB48074-001), 1010-01-648-7158 (part number CB48072-001) and 1010-01-648-7159 (part number CB48072-

1) were not previously sourced to any other vendor. No similar items were found in Haystack and none were available for purchase via GSA Advantage website.

DLA Land and Maritime has never procured this four NSNs in the past, however, all four NSNs 7050-01-648-7157 (part number CB48075-001), 7050-01-648-7156 (part number CB48074-001), 1010-01-648-7158 (part number CB48072-001) and 1010-01-648-7159 (part number CB48072-

001) were previously procured by the U.S. Army Contracting Command in Warren, Michigan, on February 1, 2017 via contract number W56HZV-17-C-0061.

The procurement history for CLIN 0001, 0002, 0003 and 0004 is listed in the below illustration with the contract number, award date, quantity, unit price and total value.

CLIN Part Number Contract Award Date Qty. Unit Price Total Value

0001 CB48075-001 W56HZV-17-C-0061 February 1, 2017 5 EA $32,554.23 $162,771.15

0002 CB48072-001 W56HZV-17-C-0061 February 1, 2017 5 EA $47,304.37 $236,521.85

0003 CB48074-001 W56HZV-17-C-0061 February 1, 2017 5 EA $32,721.77 $163,608.85

0004 CB48073-001 W56HZV-17-C-0061 February 1, 2017 6 EA $54,048.42 $324,290.52

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 (May 10, 2017 through May 24, 2017) which included the market survey and first time buy questionnaires as attachments. In the notice, it stated that anyone not providing an approved source would need to submit a Source Approval Request (SAR). The second way market research was conducted was sending the market survey and first time buy

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 5 of 7 SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) questionnaires to Moog Inc. (94697), /sole source via email on May 10, 2017 with a requested response by May 24, 2017.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Moog Inc. (94697) provided a response to the market survey.

Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

As indicated earlier, the OEM; Moog Inc. (94697) was contacted to submit a complete market survey and first time buy questionnaires. The survey consists of approximately 20 general questions and the questionnaire consists of eight questions about each item. Information provided about these items NSNs 7050-01-648-7157 (part number CB48075-001), 7050-01-648-7156 (part number CB48074- 001), 1010-01-648-7158 (part number CB48072-001) and 1010-01-648-7159 (part number CB48072- 001), Moog Inc. (94697), is the manufacturer of these items. Majority of the other questions involved check boxes and (yes or no) answers, miscellaneous questions and final comment section at the very end of the questionnaire. Information sought on the market survey included business size, quantity sensitivity of the item, if the items is carried in the inventory, if a dealer/distributor network exists, the anticipated unit price and delivery of the item, if the item is commercial, which FOB & I/A is acceptable, if the OEM recognized part numbers, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed and one incomplete market survey was received as indicated above.

Moog Inc. (94697):

The feedback provided by Moog, Inc. (94697), included the following; they are a large U. S. business manufacturer and sole source provider for NSNs 7050-01-648-7157 (part number CB48075-001), 7050-01-648-7156 (part number CB48074-001), 1010-01-648-7158 (part number CB48072-001) and 1010-01-648-7159 (part number CB48072-001). Moog, Inc. (94697) indicated they do not carry these items in stock and provided an estimated delivery of eleven (11) months or 334 days after date of order (ADO) for each of the four (4) NSNs. Chris Leslie indicated on the market survey that these items are quantity sensitive but she did not provide the quantity price breakdown nor an estimated unit price on the market survey. The Acquisition Specialist, Claudia DiSalvo sent an email on January 11, 2018 to Ms. Chris Leslie, Program Manager of Moog Inc. (94697) requesting the quantity price breakdown for each NSN but Chris Leslie is not able to provide until the solicitation is issued in DIBBS.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 6 of 7 SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104)

Moog Inc. (94697) indicated these items do not contain any hazardous materials. The components/raw materials that are the primary drivers in pricing these items are as follows:

1. Part Numbers CB48072/73-0001 are 35% Motor Kits and 35% Gears

2. Part Numbers CB48075/76-0001 are 50% Encoder Elements.

Per FAR 2.101 (b) these items are not considered commercial. These four NSNs are not considered commercial per contractor’s information. FOB Origin was confirmed and inspection acceptance at Destination was requested. Finally, Moog, Inc. (94697) is EDI and MIL-STD-129 markings capable.

Information received regarding the commerciality of the item(s): based on market research information and Internet search these items are not considered commercial. Moog, Inc. (94697) has provided enough evidence that supports this item is not available to the commercial market. Moog, Inc. (94697) did not provide any commercial invoices or evidence that supports these items are available to the commercial market. These NSNs are used on the United States Marine Corps Light Armored Vehicle (LAV-ATA 2; ANTI TANK; NSN 2355-01-539-3618), which is considered a Government-only item and presently there is no commercial equivalent available. Therefore, this item is deemed non-commercial and FAR 15 procedures will be utilized.

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

(X) Based upon the technical certification on file via the technical certification from SYSCOM technical data for any of these items are not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

( ) Other:

10. A listing of sources, if any, indicating an interest in the acquisition is:

1. Moog Inc. (94697)

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains Procurement Notes L04 and M06.

( ) VE Bailment Program

( ) Source Development Review

( ) Reverse Engineering

(X) Other: The Marine Corps. does not intend to procure the technical data necessary to foster competition for this item. A source sought was posted in FedBizOps for 10 calendar days receiving one response from the approved source Moog, Inc. (94697).

Attachment I–PR Trailers

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0030 - Page 7 of 7SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104)

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

_6_1_4 6_9_2_48_4_1 2_9 J_a_n_2_018

Contracting Officer Phone Date

Julie M. Miller

Typed name of Contracting Officer

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) $750,000 to $12,500,000 Competition Advocate

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253

Date: 2018.02.09 13:55:19 -05'00'