4.1a J&A SPE7L321RX009 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L321RX009

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 for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. FAR Subpart 13.5 procedures are being used pursuant to 41 U.S.C.

1901. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM

UNIT ADQ UNIT

PRICE ADV AMSC

5330016083266 Seal, plain (C-Seal) EA 324 D

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5 YEAR) VALUE (BASE + 2 ONE YEAR OPTION):

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: Aircraft, Osprey V-22a

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1)

- Available from only one or a limited number of sources. At this time there is only 1 approved manufacturing source: Valcor Engineering (96487) P/N V44702-329

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as complete and accurate by the Land Quality Assurance Specialist on 11/19/2020 during the technical review (Justification for Restricting Competition document) of the NSN for placement on this long-term contract initiative.

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

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.

5. The source listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on January 29, 2021 (Andrew Stoner) is currently the only source with the necessary qualifications, ability, and approval to manufacture the item. This is due to one or more of the following:

(X) The listed source is the only source that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality.

(X) The Government lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

(X) The above is also supported by the information stated in the items applicable AMSC of D.

Source:

NSN Description Approved

CAGE

Company Name Approved Part Number

5330-01-608- 3266 Seal, Plain (C-Seal) 96487 Valcor Engineering V44702-329

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

A Sources Sought Notice was posted to www.betasam.gov on December 16,2020.

The acquisition will be synopsized in Federal Business Opportunities at least 3 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS.

Dealers of the approved manufacturing source will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research in accordance with FAR Subpart 12.1 was conducted to determine the commerciality of this item.

DLA Land and Maritime’s Product Specialist indicated this was a Commercial Of A Type item.

Commercial per FAR 2.101(3)(i) - 3) Any item that would satisfy a criterion expressed in paragraphs(1) or (2) of this definition, but for (i) Modifications of a type customarily available in the commercial marketplace. The item is only available from one approved source as identified above. However, the approved source only quotes through their distributors. Similar item located on E-Bay, Global Industrial and PWS Laundry.

Procurement history:

A Sources Sought Notice was posted to www.betasam.gov on December 16,2020 for this specific item. The posting remained open until December 22,2020. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return. Potential sources would be added to the solicitation mailing list. No interested parties from the sources sought notice.

Market Questionnaires and Surveys were sent out on December 16,2020 o Techniques used to conduct survey: E-mailed correspondence and spreadsheet.

o Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity.

o Total number of vendors contacted: 4- Only 2 responded.

alternative options, the Product Specialist said the NSN is only 8 years old.

DLA is buying what the ESA approved.

In regards to Brand Name or Equal specification based on salient characteristics readily available in the commercial marketplace, the Product Specialist said that they could if sources in the commercial market place wanted to submit a SAR for their product to try and become an approved source.

In regards to how the NSN is different from other commercially available items e.g. unique characteristics to ensure the safe, dependable, and effective operation of military equipment (reliability/durability), weapon system coded, critical item of supply, the Product Specialist stated that the required NSN has passed various testing parameters established by the end item design control engineers. Only items that have passed the various parameter testing, fit tests, performance tests, leak tests, temperature tests, chemical tests, reliability tests, and more will be approved for use on this end item.

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

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.

During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews.

10. A listing of sources indicating an interest in the acquisition is:

Dela Technology 2U435 Kelstrom Defense (AllClear) 1ZK21

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 10 days.

Any offer received for a product other than the approved source, will be directed/ encouraged to contact the cognizant design activity in accordance with DLAD Proc Note L04

12. Recent Procurement was under SAT and did not contain a J&A.

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 $700,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

( ) $700,000 to $13,500,000 Competition Advocate

WILSON.KARIN

.M.1378372158

Digitally signed by

WILSON.KARIN.M.1378372158

Date: 2021.02.03 12:37:40 -05'00'