4.1 7003333446 Redacted J&A.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L124R0025

Controlled by: DLA Land and Maritime Controlled by: [FLSCD]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: [DANIELLE.HIXENBAUGH@DLA.MIL]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[ 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/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

PLATE, MOUNTING 5340-015231584 4 EA $ D

Identify end item, weapon system, or class of item: LPD-17 CLASS AMPHIBIOUS TRANSPORT DOCK

ESTIMATED BASE VALUE: $

MAXIMUM CONTRACT VALUE: $

The estimated value is based on the quotes received from the original solicitation. Note – this is a first time buy and was originally solicited under SPE7L123T567X.

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

[ X ] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: CATERPILLAR INC (11083) and ALFA LAVAL INC. (71871)

a. Caterpillar INC and Alfa Laval INC. are uniquely qualified because it is the only known source with the data or rights necessary to manufacture this item.

The use of the authority cited below:

[ 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 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.

Product Specialist, , certified the technical certification on 2/24/2024:

This item is an AMC/AMSC of 3/D. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government.

SOLICITATION SPE7L124R0025

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

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

[ X ] The acquisition will be synopsized for 15 days prior to solicitations opening on DIBBS

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

a. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

There is no PO history. A source sought was posted on 3/5/2024 for 5 business days. No responses were received.

This is a first time buy and this acquisition was initially solicited under simplified acquisition procedures since it was estimated under $250,000. Since the quotes received exceeded $250,000, this requirement is being resolicited under FAR Part 15. The following vendors submitted quotes on the original solicitation, dealer Wastetrans LLC (7ZHV8), dealer Ohio Machinery CO (1Z458), dealer Maven Engineering Corporation (46YF5), dealer USLS INC (82H53), and dealer EOS INC (85VY7). All dealers quoted Caterpillar INC (11083) P/N 172-1015.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X ] A market survey was conducted on 2/23/2024; 4/23/24; 5/15/2024 Total number of vendors contacted: 3

CATERPILLAR INC (11083) - Manufacturer ALFA LAVAL INC. (71871) - Manufacturer

OHIO MACHINERY CO (1Z458) – Dealer for Caterpillar

Names of vendors contacted and responding: None Techniques used to conduct survey: E-mail Types of information requested: Business size, manufacturer or dealer, commerciality, price breaks, minimum order quantity, and estimated delivery

SOLICITATION SPE7L124R0025

DLA Land & Maritime Justification for Other Than Full & Open Competition

Summary of information received: None.

Information received regarding the commerciality of the item(s): No results were returned on GSA Advantage or CID Database. Market research did not yield any readily available published catalog price lists, schedules, or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor, and that are available to the general public for inspection. There is no evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Therefore, the Contracting Officer determines this item to be non-commercial, thus FAR 15 procedures will be utilized.

9. Additional facts supporting other than full and open competition are:

[ X ] Based upon the attached technical certification, 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: dealer Wastetrans LLC (7ZHV8), dealer Ohio Machinery CO (1Z458), dealer Maven Engineering Corporation (46YF5), dealer USLS INC (82H53), and dealer EOS INC (85VY7)

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

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. This is a first time buy therefore, there is no previous J&A.

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X ] $750,000 to $15,000,000 Competition Advocate

WIEBUSCH.JAMIE.1251897324 Digitally signed by WIEBUSCH.JAMIE.1251897324 Date: 2024.06.17 11:23:40 -04'00'

WHITING.MONICA.L.1378381815 Digitally signed by WHITING.MONICA.L.1378381815 Date: 2024.06.17 10:40:04 -04'00'

SOLICITATION SPE7L124R0025

DLA Land & Maritime Justification for Other Than Full & Open Competition

[ ] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachment(s):

1. Technical Data Supporting Limited Sources