Redacted_J&A_SPRAL118R0023_-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-18-R-0023

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0023 - 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 Dispenser, Marker PO for the following NSN 2590- 99-229-4829 for the following part numbers PE22796 and 10662376-001. 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) was conducted and the Marine Corp. technical data that was presented indicates the NSN is sourced to Pearson Engineering LTD (K0824) and General Dynamics Land Systems – Canada (GDLS – Canada) (56161). Pearson Engineering LTD and GDLS – Canada are the only known providers of this item to meet the services’ needs.

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 Dispenser, Marker PO 2590-99-229-4829 19 EA $ D

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): B0160 – Assault Breacher Vehicle. It’s a tracked combat vehicle designed to clear pathways for U.S Marine troops and other vehicles through minefields and along roadside bombs, and Improvised Explosive Devices.

Procurement history is available for this NSN. The previous J&A is attached (Attachment 3) for the contract

SPRAL118C0028.

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Pearson Engineering

LTD (K0824) SPRAL118C0028 2590-99-229-4829 6/22/18 9 EA $66,583.00 BG

Pearson Engineering

LTD (K0824) SPRAL113C0036 2590-99-229-4829 5/16/13 4 EA $70,501.86 BC

Maven Engineering

Corporation (46YF5) M6700410P0824 2590-99-229-4829 9/3/10 8 EA $58,512.05 * *Price Reasonable Code unknown as DLA does not have access to the pricing documentation used by USMC.

Maven Engineering Corporation is an authorized dealer/distributor

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 manufacturers, Pearson Engineering LTD or GDLS - Canada. The technical certificate from SYSCOM is attached to this document. Pearson Engineering LTD and GDLS – Canada are the only companies known by the Government to possess the technical data necessary to manufacture this item.

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0023 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSN is sourced to Pearson Engineering LTD (K0824) and GDLS – Canada (56161) 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 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.

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

(X) The acquisition was synopsized on July 9, 2018.

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

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

The current requirement is sourced to Pearson Engineering LTD and GDLS – Canada. The solicitation will be solicited for 30 days. The requirement is for a quantity of (19) EA for NSN 2590-99-229-4829 for part numbers PE22796 and 10662376-001 for a total estimate of $ The unit price listed in Haystack . In addition, the buyer is anticipating competition since two approved sources are interested in submitting a proposal based on their responses to the market survey.

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2.0M per DAG 15.403-4 or DLAD 15.402-90. In addition, since competition is anticipated; Certified Cost and Pricing Data will not be required since both approved manufacturers are anticipating submitting a proposal.

In addition, the buyer will use previous award (SPRAL1-18-C-0028) for the price analysis to establish Government targets. The price analysis will utilize a curve for the high target price and a curve for the low target price.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from May 7, 2018 through May 18, 2018. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Pearson Engineering LTD and to GDLS - Canada. 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”. In addition, there was no information available from Google, Amazon, GSA or EBay to support commerciality.

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 7, 2018 through May 18, 2018) 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 Pearson Engineering LTD and GDLS - Canada: May 7, 2018 through May 18, 2018, which was completed and forwarded via email on May 18, 2018.

Total number of vendors contacted: 2 (two).

Names of vendors contacted and responding: Pearson Engineering LTD and GDLS - Canada.

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

Types of information requested:

Source sought:

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0023 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

A sources sought was posted in FedBizOps on May 7, 2018 with a response day of May 18, 2017.

The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN 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 Pearson Engineering LTD and GDLS – Canada via email in order to tailor our current acquisition situation under the following NSN – 2590-99- 229-4829. 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 Pearson Engineering LTD and GDLS – Canada are the sole sources for this NSN.

Pearson Engineering LTD This procurement is a code and part number (PE22796) buy to Pearson Engineering LTD. Pearson Engineering LTD is a small foreign business per their SAM registration and completed market survey. They are the sole approved sources for this NSN. Pearson Engineering LTD stated the item is commercial. Most of the provisions selected by contractor were: “Yes” or “No” answers. P/N and estimated unit price were confirmed ) at Pearson Engineering LTD. Contractor will provide proposal within 30 days.

GDLS – Canada This is a code and part number (10662376-001) buy to GDLS – Canada. GDLS - Canada is a large foreign business per their SAM registration and completed market survey. . GDLS – Canada stated the item is not commercial. Most of the provisions selected by contractor were: “Yes” or “No” answers. P/N and estimated unit price were confirmed with at GDLS – Canada. Contractor will provide proposal within 30 days. .

In addition, per FAR 25.870-1(b) Since the award value will exceed the Simplified Acquisition

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0023 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

Threshold (SAT) ($250K) the award will be directed to the Canadian Commercial Corporation (CCC)(98247), which is a Federal Crown Corporation mandated to facilitate international trade on behalf of Canadian industry, particularly within government markets. The Corporation’s business lines are structured to support Canadian companies contracting in a variety of industries and sectors.

Additionally, FAR 25.870-1(b (c) also states that for competitive acquisitions exceeding the SAT, Canadian Commercial Corporation (98247) will endorse each Canadian firm they have determined qualified.

Information received regarding the commerciality of the item(s): Pearson Engineering LTD stated the item is commercial in their complete market survey, but they did not provide a catalog list price or unredacted sales invoices or evidence that supports this item is available to the commercial market. Pricing is provided upon receipt of a solicitation. In addition, there was no information available from Google, Amazon, or EBay to support commerciality. GDLS – Canada also stated the item is not commercial. The item is being deemed non-commercial and therefore FAR 15 procedures will be utilized since there is no clear evidence that this item is available in the commercial marketplace or that a similar item is commercial. The June 2018 contract was awarded using FAR 15 procedures.

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 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) Pearson Engineering LTD (K0824) GDLS – Canada (56161)

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

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

2. PR Trailer

3. Previous J&A – SPRAL1-17-R-0060

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.

Contracting Officer Phone Date

614 692 4841 17 Jul 2018

5 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0023 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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

CONTRACTING OFFICER CERTIFICATION