1.12 Redacted J&A (SPRMM1-21-R-YC52).pdf

1. Contracting Activity

2. Description of the Action Being Approved

3. Description of Supplies/Servies

DEPARTMENT OF THE NAVY

DLA Maritime

5450 Carlisle Pike | PO Box 2020 | Mechanicsburg, PA 17055-0788

Justification for Other Than Full & Open Competition

Contracting Activity

DLA Maritime - Mechanicsburg Type C1 Spares LTC

PD # N0010421X5031

Item Manager

Work Function Planner Phone Code

Technician Work Function Phone Code

Buyer Work Function Contract Specialist Phone Code

Description This J&A supports the acquisition using other than full and open competition procedures for a three-year, Firm-Fixed Price (FFP), Requirements supply contract to procure the item identified below using procedures in Federal Acquisition Regulations (FAR) Part 12 and FAR Part 15. The requirements contract will have a single base year and two one-year option periods.

This contract will establish prices which will be valid for a period of up to

Three Years

Spares Repair/Overhaul Modification Management Piece Parts Data Report

Nomenclature DESALINATOR, HND, OP Quantity See Attachment

NSN 4610-01-319-5337 Cage Code 4QM71

P/N MROD-35LL1 Unit Price See Attachment

Estimated Value

Ship To W25G1U

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4. Statutory Authority Permitting Other Than Full & Open Competition

5. Rationale Justifying Use of Cited Authority

6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable

Line of Accounting

97 00 XX XX 4930 NC1A 000 81004 0 050120 7R 000000

8PMH00000000

This J&A is based upon the authority of 10 USC 2304(C) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

A/RMC 3

Acquire, for the second or subsequent time, directly from the actual manufacturer.

A/RMSC Z

This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, A/RMCs 3, 4, or 5 are valid. If at least two sources are available, A/RMCs 1 or 2 are valid.

This acquisition will be solicited to

Katadyn Desalination, LLC (CAGE 4QM71). Katadyn is the only approved manufacturing source because it owns the drawings and specifications for this highly specialized item. There are no authorized substitutes for this item. This item has been tested within the higher-level assembly and qualified in regards to approved testing specifications procedures, embedded coding procedures, design protocols, and internal QA requirements.

No other authorized manufacturing source has been identified through market research that is capable of manufacturing this item.

A Request for Information / Sources Sought Notice was entered on the government-wide point of entry on

A Request for Information / Sources Sought Notice was entered on the government-wide point of entry on 03/11/2021 and as a result expressed interest and was invited to submit a Source Approval Request to Source Development. They were notified that a solicitation and any award resulting from the solicitation for this material may continue based on fleet logistics support needs. The following vendors expressed interest in providing Katadyn part number MROD-35RLL1: .

The proposed contract action was synopsized on the government-wide point of entry on 03/22/2021 and as a result To Be Determined.

Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows

Market research was conducted by the technical community of the following Government databases; Integrated Technical Item Management & Procurement (ITIMP), ERP/ORACLE/FMT, WebFLIS, and Naval Ships Engineering Drawing Repository (NSEDR). All databases indicate that Katadyn Desalination LLC (CAGE 4QM71) is the only manufacturing source of supply for this material. In addition, the contracting office conducted its own independent market research. This market research showed the following: A review of the mandatory sources of supply has been conducted in accordance with FAR 8.002 and DFARS 208.002. None of the mandatory sources of supply are capable of providing this requirement. A class waiver of the nonmanufacturing rule does not exist for PSC/FSC code 4610. A review of WebFLIS identified three CAGE codes connected with NSN 4610-01-319-5337; CAGE codes 53711, 0BJ61, and 4QM71. CAGE code 53711 connected with drawing number 6674447. CAGE code 0BJ61

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7. Determination of Fair And Reasonable Cost

8. Actions to Remove Barriers to Future Competition

9. Any Other Facts Supporting Other Than Full & Open Competition connected with part numbers MROD-35LL1, 8013433, HP1-M35-1102, and MROD-35RLL1. CAGE code 4QM71 connected with part number MROD-35LL1. Further review identified that CAGE code 0BJ61 connected with part number MROD-35LL1, was the only part number with a RNCC of 3 and RNVC of 2. A RNCC of 3 and RNVC of 2 indicated that it was the primary reference number. The other five drawing/part numbers had a RNCC of 5 and a RNVC of 2, which indicated that they were a secondary reference number. CAGE code 53711 is a NAVSEA CAGE code. CAGE codes 0BJ61 and 4QM71 are both Katadyn CAGE codes. CAGE code 4QM71 is the CAGE code for Katadyn Desalination. CAGE code 0BJ61 is the CAGE code for Katadyn North America, Katadyn Desalination's parent company. A review of Navy OneTouch identified the same information as found in WebFLIS. A review of the ITIMP award history for NSN 4610-01-319-5337 identified two delivery orders (N00104-91-D-C206 5000 and N00104-91-D-C206 5000) as the only award history for new spare units. Each of these delivery orders were issued under NAVSUP WSS long-term contract N00104-91-D-C206. A copy of N00104-91-D-C206 or its contract file was not located in ITIMP, beta.SAM.gov, or EDA. ITIMP did however have a recent repair contract, N00104-20-P-CE36, as listed in the file. NAVSUP WSS repair award N00104-20-P-CE36 was issued to on August 25, 2020 to repair of NSN 4610-01-319-5337 for . A review of the price justification of N00104-20-P-CE36 identified that

A review of DLA historical requirements identified that a FMS requirement for NSN 4610-01-319-5337 had been worked under folder 20210-0078 in September of 2020. The requirement had been determined as a commercially modified requirement but did not make it to solicitation prior to being canceled by the customer. Two separate internet searches were conducted via Google. The first search for NSN 4610-01-319-5337 resulted in (0) zero results once filtered for results from the past 18 months (September 1, 2019 – March 1, 2021). The second search for part number MROD-35LL1 resulted in (1) one result once filtered for results from the past 18 months (September 1, 2019 – March 1, 2021). That result was for an EBay listing for part number MROD-06-LL-1, not MROD-35LL1. A web search for the MROD-35LS identified the MROD-35LS as being sold on-line for . A teleconference was held with Katadyn on March 2, 2021. Katadyn identified during the teleconference that the MROD-35LL1 is a modified version of their commercial MROD-35LS. The MROD-35LS is sold to cruise ships, commercial fishing vessels, and the private boating industry.

A market survey questionnaire was returned by Katadyn on March 5, 2021. The market survey indicated that the

. The sources sought notice that was released from March 2, 2021 until March 9, 2021 received responses. Responses were received from

. An updated source sought notice was posted from March 11, 2021 until March 18, 2021 to update the estimated annual quantity. Responses received on this updated sources sought notice included responses from

. identified that it was offering an alternative part and was invited to submit a Source Approval Request (SAR). was notified that a solicitation and any resulting award may continue based on fleet logistics support needs. Based on the market research conducted, the Contracting Officer has determined that Katadyn Desalination (CAGE 4QM71) is the only known approved manufacturing source at this time.

The anticipated cost to the Government will be fair and reasonable. Per FAR 15.404-1(b), price analysis will be used to evaluate pricing.

This item was determined commercial on March 30, 2021. Per FAR 15.403-1(b)(3), the commerciality of this item makes it exempt from the requirement for certified cost or pricing data. Comparison to historical pricing of same or similar items, data other than certified cost or pricing data (if necessary), and any other means allowed by regulation, will serve as the basis for determining that the proposed pricing is fair and reasonable.

The Government will include language in the solicitation which provides that the Government will consider alternate offers, and that alternate offerors should submit a source approval request (SAR) package that will be referred to the cognizant engineering activity. The current procurement cannot be delayed in order to allow sufficient time for the engineering activity to determine whether to approve any alternate offer. The SAR package will be considered for future awards. This item has been reviewed under the NAVSUP WSS limited screen process and determined that the item cannot be broken out. No additional actions to remove barriers to competition are required under this process.

Previous J&A selected="selected" No Previous J&A - See reasoning below

Item Description: The DESALINATOR, HND, OP is an emergency use desalinator. This hand operated desalinator is capable of providing 4.5 liters (1.2 gallons) of drinkable ocean water per hour by removing up to 98.4% of salt (96% minimum) by reverse osmosis for 7-20 people. This desalinator emerged from the Naval Sea Systems ACAT IV acquisition program that placed additional requirements on the commercially available MROD-35LS, manufactured by Katadyn Desalination. These requirements included being packaged into Navy encapsulated MK6 life rafts and subject to temperatures ranging from ‐22F to +140F for hours, drop testing in a MK6 raft from the height of an aircraft carrier flight deck and 1,000 hours continuous pumping of the MROD to ensure its durability and proper function.

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History Created By Work Function Created Date 03/03/2021

03-MAR-21

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Requirements Cognizance Signature

Work Function Planner Requirements Cognizance Signature Date

03/04/2021

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Technical Cognizance Signature

Work Function Technical Cognizance Signature Date

03/03/2021

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Contracting Officer Certification Signature

Brandon Bernhard

BERNHARD.BRANDON.W.1363692130

Work Function Contract Specialist

Contracting Officer Certification Signature Date

03/31/2021

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Competition Advocacy Review And Concurrence Signature

Adam Johnson

JOHNSON.ADAM.LEE.1036144951

Work Function Competition Advocate

Competition Advocacy Review And Concurrence Signature Date

03/31/2021

I certify that this J&A is legally sufficient to the best of my knowledge and belief

Legal Sufficiency Review Signature

Work Function Attorney Legal Sufficiency Review Signature Date

04/06/2021

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Approval Required By Far

6.304 Signature

Bradley Holtzapple

HOLTZAPPLE.BRADLEY.A.1198214309

Work Function Competition Advocate

Approval Required By Far

6.304 Signature

Date

04/07/2021

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