JA-01049_Redacted (Final).pdf

CMO Control Number:

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

JA-01049 - W912CH-25-R-0173

1. Contracting Agency: Army Contracting Command - Detroit Arsenal (ACC-DTA) is the contracting activity responsible for this action.

2. Description of Action: proposes to award a new Firm-Fixed-Price contract to , Commercial and Government Entity (CAGE) 0JKF0, or its authorized distributors, for the procurement of the Vehicle Mounting Rotary Sweeper (sweeper), National Stock Number (NSN): 3830-01-616-2954, part number (PN): 347/00530 using Army Working Capital Funds.

3. Description of Supplies/Services: The supplies to be acquired under the proposed contract are new sweepers, NSN: 3830-01-616-2954, PN: 347/00530, which is used on the The deliverables for this contract are for a base quantity of 17 each (EA) and an available option quantity of 17 EA for a total quantity of 34 EA. The total estimated value of this contract based on the current estimated unit price of $32,575.31 EA is $1,107,560.54.

Base Quantity Unit Price Extended Price

Base Quantity 17 EA $32,575.31 $553,780.27

Option Quantity 17 EA $32,575.31 $553,780.27

Total 34 EA $32,575.31 $1,107,560.54

4. Authority Cited: The statutory authority permitting other than full and open competition for this effort is 10 United States Code (U.S.C.) 3204(a)(1) as implemented by FAR 6.302-1(a)(2)(ii)(A) and (B) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition or (B) Unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited:

Background The sweeper is part of the for the and is designed for the use in construction cleanup, road maintenance, and similar operations.

include items such as the forklift, auger, sweeper, arctic kit, large jack hammer, stake driver, rock ripping bucket, and pneumatic hammer attachments. The sweeper

Furthermore, qualifying additional sources would result in undue delays which would negatively impact mission readiness of the . Integrated Logistics Support Center (ILSC) and Capabilities Development Command - Ground Vehicle Systems Center Combat (DEVCOM - GVSC) estimates months would be required to reverse engineer the sweeper to create a competitive build to print a TDP. This delay would prevent the needed replacement sweepers from being delivered to field users on schedule and the systems would be non-mission capable.

6. Efforts to Obtain Competition:

a. Effective competition: Due to the reasons cited in Section 5 above, the Government is not pursuing competition for this item. All notices required by FAR

5.201 shall be published, and any proposals received shall be considered.

b. Subcontracting competition: Unless the contract is awarded to a small business, the solicitation and resulting contract will include FAR clauses 52.219-8, "Utilization of Small Business Concerns", 52.244-5, "Competition in Subcontracting", 52.219-16, "Liquidated Damages--Subcontracting Plan"," and Defense Federal Acquisition Regulation Supplement 252.219-7003, "Small Business Subcontracting Plan (DoD Contracts)", to maximize small business opportunities and utilization.

7. Actions to Increase Competition: The Government is taking no further action to pursue competition due to the reasons cited above. Only JCB has the expertise and technical knowledge necessary to satisfy this requirement. The Government will continue to conduct market research to determine if there are alternative existing products that can meet the Government’s requirements. The Government will also continue to pursue rights to a Specifically Negotiated License.

8. Market Research:

A Sources Sought Notice/Request for Information (RFI) was posted to SAM.gov on 23 May 2025 by the Contract Specialist (CS) seeking companies capable of producing the Vehicle Mounting Rotary Sweeper. The RFI was open for 14 days with responses due on 06 June 2025. There were three total responses received as a result of this posting;

the responses are summarized below.

• a small disadvantaged business, responded to the posting on 28 May 2025 but provided no answers to the market research questions in the Sources Sought Notice/RFI attachment, and was unresponsive when additional documented was requested by the CS. Based on the generalized response to the sources sought and the lack of follow up, it is not likely that will be able to produce this item.

• a large business, responded on 25 May 2025 stating capability of supplying the Sweeper through their authorized partners but has not supplied this item in the past. However, was not identified as an authorized distributor of JCB INC.

• a small business, responded on 30 May 2025 stating a capability to supply this item as a distributor of JCB. This was confirmed with JCB as explained below.

• The OEM, JCB, a large business, was contacted directly on 23 May 2025 requesting market research input but declined to respond to the questions included on the Sources Sought Notice/RFI attachment.

On 17 September 2025, the CS reached out to JCB for a list of their authorized distributors, if any. A representative from JCB replied on the same day with a list of the “approved Military Dealers that bid on DLA solicitations on behalf of JCB, Inc. (0JKF0).”

The contractors are and Along with JCB INC, these four authorized distributors will be able to submit a proposal in response to solicitation

W912CH-25-R-0173.

The DEVCOM GVSC project engineer performed internet searches on 21 April 2025 searching for alternative sweepers that could meet the specifications. The following is a summary of the search results:

1. Keyword used: “Part Number 347/00530”

Website location: https://www.parttarget.com/JCB-Inc_nsn-parts_347-00530_30- 926843.html

Findings: The keyword used for this search was the part number featured in this procurement. The result was the actual rotary sweeper that is approved for the application.

2. Keyword used: “Rotary Sweeper for ”

Website location: https://www.jcb.com/en-us/products/defence-products

Findings: This market search resulted in several URLs with the actual JCB brochure where this rotary sweeper application is used. This brochure contains the

's specs, including the rotary sweeper used for this application.

3. Keyword used: “NSN 3830-01-616-2954 Rotary Sweeper”

Website location: https://www.wbparts.com/rfq/3830-01-616-2954.html

Findings: The keyword used for this search was the NSN featured in this procurement.

The result was the actual rotary sweeper that is approved for the application.

No alternative solutions were revealed as a result of the above searches.

9. Interested Sources: To date no additional sources have expressed interest in this item.

10. Other Facts:

a) Procurement History:

(1) Contract W56HZV-20-D-0084 was awarded to JCB, Inc. on 26 June 2020 for the in its entirety; total contract value: $288M. This previous contract fulfilled the requirement for the vehicle, as well as the various subcomponents of the system to include a variety of special tools and items, parts packages, attachments, training courses, FSR support, and storage. The Sweeper was bought as a subcomponent under this contract.

(2) The previous contract was awarded using other than full and open competition.

(3) The prior effort was awarded under FAR 6.302-1 “Only One Responsible Source and no other supplies or services will satisfy requirements.”

(4) The previous J&A (signed 28 February 2019) indicated JCB as the OEM of program and the sole owner of the TDP and computer software package. Due to the capability specifications under , competition of this item is limited to JCB, INC. There are currently no other contractors in the process of being certified as a qualifying source for this Sweeper.

(5) No prior contracts for this item utilized full and open competition.

(6) There are no unusual patterns identified in the procurement history.

(7) All previous justifications for the Sweepers cite FAR 6.302-1 “Only One Responsible Source and no other supplies or services will satisfy agency requirements." There are no changes to these circumstances.

b) Other Facts: None.

11. Technical Certification: I certify that the supporting data under my cognizance which is included in the justification is accurate and complete to the best of my knowledge and belief.