SPRAL122R0006 JA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRALl-22-R-0006

[ 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 using other than full and open competition for the Armor Supplemental (NSN 2540-20-005-1801).

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

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

BRIEF DESCRIPTION NSN/P/N

Armor Su lemental 2540-20-005-1801

UANTITY

35.00

AMSC

D

The Armor Supplemental is used on the Light Armored Vehicle (LA V-25 and LAV-A T2) to protect the crew from various events produced in an Improvised Explosive Device (IED) or a mine blast event. Additionally, this item is made of lightweight composite and ceramic system that provides scalable mine protection from level 1 up to level 4. Other primary role for this item is to prevent hull rupture, limit deformation of the full structure of the vehicle, and provide ballistic, fragmentation protection and spa11 protection.

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

Light Armored Vehicle (LAV): The LA V-25 is an eight-wheeled amphibious reconnaissance vehicle used by the United States Marine Corps. The LA V-AT2 (Anti-Tank) is a LAV fitted with an Emerson 901Al 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 M240El or M240B general-purpose machine gun. It carries a total of 16 TOW missiles, and 1,000 rounds of 7.62 mm ammunition.

ESTIMATED CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is:

[ X] 10 U.S.C. 2304(c)(l) -Available from only one or a limited number of sources. The Marine Corps technical data determined the current NSN is in accordance with approved source: Armatec Survivability (Armatec) (L0782) for part number AC86103-28.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On December 3, 2021, USMC Logistics Command (LOGCOM) Equipment Specialist certified that the technical information, including the AMC/AMSC code and approved source was complete and accurate. The NSN has one approved source: Armatec (L0782) per the DLR tech data from Albany, GA. Armatec is the only manufacturing source known to have the complete data or data rights necessary to manufacture this military specific item.

The use of the authority cited is based on:

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

DLA Land and Maritime Justification for Other than Full and Open Competition (May2018)

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 will be synopsized on or about May 20, 2022 for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from May 3, 2022, to May 13, 2022, with no responses received. The solicitation will be published for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD AWARDEE QTY. Unit Price Total Price Price

DATE Reasonablene ss Code

(PRC)

SPRALI21P0041 3/4/2021 Armatec Survivability Corp 7 $24,536.42 $171,753.40 BG

CAGEL0782

SPRALI20P0041 3/17/2020 Armatec Survivability Corp 10 $24,536.42 $245,362.00 BG

CAGEL0782

SPRAL l l 7COO 13 4/12/2017 Canadian Commercial Corp 51 $23,480.34 $1,197,497.34 BG

(CCC) CAGE 98247

SPRALl 16C0013 4/28/2016 Canadian Commercial Corp 27 $19,223.30 $519,029.10 BG

(CCC) CAGE 98247

SPRALI l 5C0029 6/24/2015 Canadian Commercial Corp 50 $19,223.30 $961,165.00 BG

(CCC) CAGE 98247

SPRALI 15C0002 10/9/2014 Canadian Commercial Corp 69 $19,223.30 $1,326,407.70 BI

(CCC) CAGE 98247

SPRALI 13C0007 10/30/2012 Canadian Commercial Corp 56 $18,823.49 $1,054,115.44 FE*

(CCC) CAGE 98247

* Defense Contract Audit Agency (DCAA) or Defense Contract Management Agency (DCMA) provided support with item price set by law or regulation (FAR 15.403-l(b)(2)).

History indicates the Armor Supplemental for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted.

The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00;

therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government's targets and later deeming prices fair and reasonable for this procurement.

8. Market Research/Efforts to Obtain Competition:

Markey survey was forwarded to the approved large foreign business manufacturer, Armatec (L0782). There were no market survey responses submitted from the Sources Sought Notice posted on SAM.gov. Armatec (L0782) will submit the proposal as the subcontractor on this acquisition in accordance with approved part number AC86103-10. A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 5/3/2022 to 5/13/2022, for the procurement of the Armor Supplemental.

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

[ X] A market survey was conducted on/during May 3, 2022 to May 13, 2022.

Total number of vendors contacted: One (1): Armatec (L0782) responded to the market survey.

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to SAM.gov on 5/3/2022 with response date of 5/13/2022. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN in order to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code D. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery, and OEM information.

Summary of information received:

The buyer sought information from the only approved source, Armatec (L0782) on May 3, 2022. The OEM Armatec submitted their market survey response on 5/12/22. Contractor indicated the were a small forei n business manufacturer. The contractor indicate the rice of the ite . · e item is not considered commercial. If the contractor indicated they were not willing to provide invoices proving that the item has been sold commercially due to price is confirmed by Public Works and Government Services Canada (PWGSC). The contractor answered "No" to all the clauses/provisions inconsistent with commercial practices.

directly with the Government during the market survey. The buyer reached out to Armatec after the market survey on 5/16/2022, for clarification of their business size. The market survey stated "small" business manufacturer but SAM.Gov indicates "IS NOT a small business" under FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Nov 2020) noted under ( c )(1) and FAR 52.219-1, Small Business Program Representations (Nov 2020) noted under (c). The OEM advised the buyer Armatec is indeed a large business.

Information received regarding the commerciality of the item(s): Based on the above, Armatec did not provide any supportable commercial documentation. A Google search was conducted using the part number AC86103-10 and NSN 2540-20-005-1801, but no information was found that could substantiate or determine the item to be commercial. See Attachment 2. Additionally, a General Administration Services (GSA) search was conducted with no GSA contracts found for the part number AC86103-10. See Attachment 3. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace. Therefore, the Contracting Officer hereby determines this item to be a non-commercial item.

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 is: (If none, so state)

Armatec (L0782)

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

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Part Number Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Part Numbered Items [ X ] Other: The Marine Corps does not intend to procure the technical data necessary to promote competition. A SSN posted to SAM.gov for 10 calendar days without receiving any responses for vendor to submit a SAR.

12. The previous small purchase buy SPRALl-21-P-0041 did not require a J&A.

Attachments:

1. DLR Tech Data Cert

2. Google Search

3. GSA Search

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.

SELLERS.CERITA.F. Digitallysignedby

SELLERS.CERITA.F .12S0708994

1250708994 Date: 2022.0S.2311:24:50--04'00' 23 May 2022

Cerita F. Sellers Contracting Officer

Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

SHEARER MARY

Digltallyslgnedby

• SHEARER.MARY.E.1250702449

X .E.1250702449 :.��:022.05.2313:37:20

Mary Shearer

Competition Advocate

APPROVAL REQUIREMENTS

( X) Up to $750,000 ( X) $750,000 to $15,000,000

Contracting Officer Competition Advocate