Redacted_J&A_SPRAL1-18-R-0068_-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION:

SPRAL1-18-R-0068

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0068 - 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 for the following NSN 6220-01-560-1174. 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 50 KT $ Q

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

The item being 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.

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

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

Procurement history is available for this NSN.

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Ibis Tek, LLC (1SC69) SPRAL118C0032 6220-01-560-1174 9/7/18 300 KT $11,989.57 BI 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

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 this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSN is sole source to

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0068 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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.

Based on the technical certification that was provided by LOGCOM, SYSCOM confirmed on September 9, 2018 that AMSC Q is to be used for this procurement.

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

(X) The acquisition was synopsized on November 2, 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 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 (50) KT for NSN 6220-01-560-1174 for a total estimate of

Certified Cost and Pricing data will not be required because the item is commercial and the value is below $2M.

In addition, the buyer will use previous award (SPRAL118C0032) for the price analysis to establish Government targets. The price analysis will utilize a 95% learning curve for the high target price and a 99% learning curve for the low target price. The contracting specialist will also review commercial documentation/pricing when doing the price analysis. The SPRAL118C0032 contract included a review from DCMA regarding the Commercial Item Group which produced a report that may be utilized for the pricing review of the proposed price.

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

A sources sought was conducted on FedBizOps from October 12, 2018 through October 26, 2018. 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 (October 12, 2018 through October 26, 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 Ibis Tek, LLC (1SC69/sole source): J

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0068 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

October 12, 2018 through October 26, 2018.

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 October 12, 2018 with a response day of October 26, 2018.

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 Ibis Tek, LLC via email in order to tailor our current acquisition situation under the following NSN – 6220-01-560-1174. 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 Tek, LLC is sole source for this NSN.

Ibis Tek, LLC (1SC69) This procurement is a code and part number (2203-100-001(CLIN 0001)) buy 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 this NSN. Ibis Tek, LLC .

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. Ibis Tek, LLC provided unredacted invoices. During market research no other commercial products, albeit similar, have all the features required by the Marine Corp for this light bar assembly.

DCMA Commercial Item Group (CIG) Engineer, recommended in his report FY18-086 (Attachment #3) dated February 22, 2018 that Ibis Tek, LLC supplied light bar assembly (Part Number

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0068 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

2203-100-001) are of a type commercial item defined in FAR 2.101, Commercial Item, Para (1), 3(i) or 3(ii). Contracting Officer Ms. Julie Miller concurred with DCMA that the item is commercial.

In addition, there was information available from Google, Amazon, GSA or EBay to support commerciality.

The items can be located at the following websites:

FPI COUGAR CAT I MRAP NSN: 6220-01-560-1174 P/N: 2203-100-001

https://www.ibistek.com/product/detail/situational_light_kits http://fsg-62-lighting-fixtures-lamps.parttarget.com/electric-vehicular-lights-fixtures-2202-800-

001_220-600625-000.html http://www.parttarget.com/Ibis-TEK-LLC_nsn-parts_2202-900-002490_2202-200-001.html https://www.justnsnparts.com/manufacturer/ibis-tek-llc.aspx

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 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-0070

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.

Contracting Officer Phone Date

Julie M. Miller Typed name of Contracting Officer

614 692 4841 25 Jan 19 https://www.ibistek.com/product/detail/situational_light_kits http://fsg-62-lighting-fixtures-lamps.parttarget.com/electric-vehicular-lights-fixtures-2202-800-001_220-600625-000.html http://fsg-62-lighting-fixtures-lamps.parttarget.com/electric-vehicular-lights-fixtures-2202-800-001_220-600625-000.html http://www.parttarget.com/Ibis-TEK-LLC_nsn-parts_2202-900-002490_2202-200-001.html https://www.justnsnparts.com/manufacturer/ibis-tek-llc.aspx

5 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0068 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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) Up to $700,000 Contracting Officer