SPRRA225R0031_Redacted.pdf

DEFENSE LOGISTICS AGENCY

AVIATION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND, VIRGINIA 23297-5002

CLASS JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for PEO Missiles and Space (PEO MS) and Program Executive Office Ground Combat System (PEO GCS) Program Offices and other services and commands supported by Defense Logistics Agency. The contracting authority for this requirement is Defense Logistics Agency – Aviation, Huntsville, Alabama, DLA-AH. The PEO MS, PEO GCS, and DLA-Aviation Huntsville contracting division identified the need for long-term coverage for research, analysis, studies, procurement, prototyping, production, training, fielding, life extension, obsolescence mitigation, sustainment, and disposal of assigned ground systems to support the Tube-launched, Optically-tracked, Wireless (TOW) missile systems, Javelin, Bradley Fighting Vehicle Family of Systems and its variants that is sole-sourced to Cherokee Nation Armored Solutions (CNAS), CAGE Code 57X60. The Purchase Request Order Numbers (PRON) supporting this contracting action are forthcoming and will be initiated at the delivery order level.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, this activity requests authority to acquire part numbers and services deemed sole sourced to CNAS, using Other Than Full and Open Competition as prescribed by FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This action will result in the award of a new firm-fixed price and cost-reimbursable, 3-year Indefinite Delivery Requirements (IDR) type contract, with a maximum value of This sole-source requirement will be negotiated with the following company:

Cherokee Nation Armored Solutions

2 W. 2nd St. STE 1500-35 Tulsa, Oklahoma 74103

CAGE: 57X60

Small Disadvantaged Native American Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

The Government proposes an award on a 3-year IDR contract for research, analysis, studies, procurement, prototyping, production, training, fielding, life extension, obsolescence mitigation, sustainment, and disposal of assigned ground systems to support the TOW missile systems, Javelin, Bradley Fighting Vehicle Family of Systems and its variants in support of PEO MS and PEO GCS programs.

The objective of this contract is to provide technical information, research, development, test and evaluation (RDT&E), operations and support, foreign nation execution and support related analytical services in achieving mission requirements. Efforts shall be performed In Accordance With (IAW) the direction and authority of the Defense Logistics Agency (DLA) and shall be focused on a balanced program to accomplish the United States (U.S.) and allied objectives, including international interchangeability and maintainability for Foreign Military Sales (FMS). Tasks shall include lifecycle research and analysis for current missile or ground systems. The contract will be established with a second and third ordering period available to give the government flexibility for future requirements within this space.

Without this acquisition, the PEO MS and PEO GCS would be unable to meet current real-world warfighter missions and would be detrimental to national security.

The Government anticipates execution of this contract with CNAS for executing orders against the base contract that will be within the scope of this effort. The estimated contract value is . The requiring activity will utilize multiple funding types including, but not limited to Operation and Maintenance (OMA), Research, Development, Test, and Evaluation (RDT&E), Foreign Military Sales (FMS), Defense Working Capital Fund (DWCF), and Procurement Appropriations (PA) funding as appropriate for this effort authorized by the 2018 Department of the Army Memo, subject: Fiscal Year 2018 Revenue Approved Exceptions to the Business Processes Associated with Military Interdepartmental Purchase Requests, paragraph 2c.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. §3204(a)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE

AUTHORITY CITED ABOVE

This will be a sole source procurement based upon the authority of 10 U.S.C. §3204(a)(1), as implemented by Federal Acquisition Regulation 6.302-1. Obtaining an alternate source or sources for the proposed three years of support for these items is not feasible or cost effective.

Cherokee Nation Armored Solutions is the only responsible source that can meet the Government’s technical and schedule requirements for this PWS, as they have the manufacturing knowledge and contractor technical data that are not available to the Government to support this effort. Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays in fulfilling the requirement.

This requirement is for research, analysis, studies, procurement, prototyping, production, training, fielding, life extension, obsolescence mitigation, sustainment, and disposal of assigned ground systems to support the TOW missile systems, Javelin, Bradley Fighting Vehicle Family of Systems and its variants.

Requirements that are presented to DLA by PEO MS and PEO GCS Program Offices will not be assigned an Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC). Requirements that are presented from these program offices may not have an associated Technical Data Package (TDP) or an assigned AMC/AMSC.

The US Government does not own the tools nor the test equipment to manufacture these parts.

In addition to situations where CNAS is the only approved source for this PWS, there are situations when CNAS is one of a small group of approved sources, or there is no technical data package associated with a part. In these situations, if through market research and/or customer certification, the contracting officer determines other approved sources will not participate and/or only CNAS can provide the part/service, the intent is to use this IDR. In order to satisfy the requirements of 10 U.S.C. §3204(a)(1) in that situation, the following procedure will apply.

For requirements with a TDP that indicates a limited competitive procurement, or the item does not have a TDP, the contracting activity shall conduct market research and document the following:

o A Memorandum of Determination shall be completed. The Memorandum shall describe the following (not all-inclusive and if applicable):

Procurement history Sources sought posting and responses Responses of Requests for Information (RFI) from approved sources Requiring activity technical representative evaluation Contracting Officer determination of applicability for only one responsive and responsible source.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED

PRACTICABLE

This requirement will be synopsized, and a solicitation shall be published on System for Award Management (SAM.gov) as required by FAR 5.201. To obtain maximum competition, the synopsis and solicitation will encourage firms that can provide the research, analysis, studies, procurement, prototyping, production, training, fielding, life extension, obsolescence mitigation, sustainment, and disposal of assigned ground systems to support the TOW missile systems, Javelin, Bradley Fighting Vehicle Family of Systems and its variants to seek source approval to compete for future solicitations by going through the source approval process of the procuring activity.

In addition to a synopsis and solicitation being posted, a sources sought was published on January 15, 2025. One response was received from a vendor who expressed interest in proposing on future opportunities, and their statement of interest was forwarded to the program office. If new parts are proposed to be added to the contract, an additional sources sought and synopsis shall be posted.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable. DLA will use appropriate cost and price analysis to evaluate proposed prices. CNAS will be required to provide certified cost or pricing data for items acquired using FAR 15 procedures. The Government's negotiation objective will be developed using local technical analysis, negotiated direct and indirect rates, and profit using the Weighted Guidelines Method. As necessary, a fully compliant audit may be performed and DCMA/DCAA assistance will be requested. Detailed documentation and justification of price reasonableness will be disclosed in the official price negotiation memorandum, as required, to be prepared upon completion of negotiations. Bringing all CNAS’s requirements together increases DLA's leverage with the contractor. DLA believes this leverage will result in significant savings over existing disparate support strategies.

The three-year term of the contract will incentivize continued investments in reliability improvements, obsolescence management, process improvements, and more efficient depot operations over the contract period by CNAS. Inherent in the three-year contract structure is an incentive to continue to improve reliability and drive down cost, which not only better serves the Department of Defense and other Federal Government customers, but results in better stewardship of taxpayer dollars.

This contract will be negotiated assuming decreased costs associated with improved reliability and availability through the potential three-year performance period of the contract. Based on the foregoing, the Contracting Officer shall determine that the anticipated cost to the Government, be fair and reasonable prior to contract award.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR STATEMENT OF THE REASONS MARKET RESEARCH

WAS NOT CONDUCTED

Market research, as defined in FAR 10.001 was conducted. A review of the class population confirmed that the initial items to be solicited are all considered as sole source to CNAS.

Technical certifications either via TDP or Memorandum of Determination, as listed in Section V, will be required for every item before negotiations commence with CNAS to add the items to a contract.

The initial sources sought was issued on January 15, 2025, and closed on January 20, 2025.

One response was received from a vendor who expressed interest in proposing on future opportunities, and their statement of interest was forwarded to the program office.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN

FULL AND OPEN COMPETITION

As stated in the previous sections, a sources sought was posted on January 15, 2025. Technical certifications either via TDP or Memorandum of Determination, as listed in Section V, will be required for every item before negotiations commence with CNAS to add the items to a contract.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

One response was received from the following vendor who expressed interest in proposing on future opportunities: Kastel Enterprises (CAGE 93AS8). Their statement of interest was forwarded to the program office.

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

MAKING SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES

Due to the complex nature of this work, there is no opportunity at this time to remove barriers to competition at the prime contractor level. The Contracting Officer will continue to synopsize items that may be added to the contract to investigate the possibility of competition.

However, parts that have previously been synopsized will not be synopsized again throughout the length of the contract. The Competition Advocate will review the requirements to verify that all requirements can be completed by CNAS. As stated above, CNAS, a small disadvantaged Native American business, is the only known source for supporting the research, analysis, studies, procurement, prototyping, production, training, fielding, life extension, obsolescence mitigation, sustainment, and disposal of assigned ground systems to support the Tube-launched, Optically-tracked, Wireless (TOW) missile systems, Javelin, Bradley Fighting Vehicle Family of Systems and its variants in support of the PEO MS and PEO GCS programs.

Future requirements, other than those in the original population, will nevertheless be advertised in the SAM.gov to ensure that potential alternate sources are aware of the requirement and can identify interest in support for these items. The contract will include provisions stating that the Government reserves the right to remove any items that become competitive after award.

Firms are encouraged to seek Source Approval Request (SAR) process through the documentation and associated website to potentially become an approved source. No new sources have been approved at this time; however, this is a continuous method of identifying potential new sources of supply.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidence that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.