44 Redacted JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M2-20-R-0009

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

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 on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN QTY EST. VALUE AMC/SC

VALVE, SOLENOID 4810-01-561-8029 28 3/C

Weapon system / End item / Class of item: 82N – Aircraft Launch and Recovery Equipment

(ALRE)

–WSEC: 1 = Failure renders end item inoperable.

–WSIC: F = Failure will render end item inoperable.

ESTIMATED BASE VALUE:

MAXIMUM CONTRACT VALUE:

*At maximum incremental quantity of 41 EA. Estimated unit value is based on procurement history EDW Price Analysis at $

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

a. 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source of supply, include source and CAGE code:

Based on all of the research and information available as annotated in this document, the only source known that possesses the technical data necessary to manufacture this item at this time:

-Marotta Controls, Inc. (99657)

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC C: This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

It is noted that the process of developing and releasing a Purchase Request (PR) requires, first a review and determination by the Product Specialist that the technical data is correct, including the AMC and AMSC codes, and it reflects the minimum requirements for the item.

Additionally, the buyer confirmed with the Product Specialist of record 12/20/19 and 3/5/20 the AMC/SC of 3/C is still accurate, the current source is acceptable and there are no other sources approved at this time. They also verified Marotta Controls, Inc. (99657) as the only known source to own or possess the technical data.

Second, a review and determination by the Supply Planner that the item is needed and the quantity is accurate occurred at PR release. In an abundance of caution, the Acquisition Specialist requested the quantity be validated by the Supply Planner on 1/17/20 (at the time of solicitation preparation). Validation of the quantity was received on 1/27/20.

Although the government possesses drawings for this part, it is necessary to limit competition to those companies with engineering source approval by the design control activity. This requirement is Aircraft Launch and Recovery Equipment (ALRE) and the drawing, alone, is inadequate to permit manufacturing due to the complexity of the item.

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

a. A Sources Sought Notice was posted on FEDBIZOPPS with a Market Survey attached.

b. A Market Survey was mailed directly to the approved source and only previous awardee.

c. The acquisition will be synopsized on FEDBIZOPPS for a period of 15 days.

d. The solicitation will be posted publically in DIBBS and will be open for a 30 day period.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a review of the most recent previous procurements and EDW Price Analysis. This solicitation is for a one time buy, for a quantity of 28 EA. A review of Records Management revealed five procurements for this item in the last two years, all were determined fair and reasonable. The price for this procurement will be negotiated as needed after evaluation.

8. Market Research/Efforts to Obtain Competition:

The three most recent procurements were researched in Records Management. No alternate sources submitted offers. Market research was conducted via surveys and a Sources Sought January 17, 2020 through January 27, 2020. A Sources Sought Notice with market survey attached was posted via FEDBIZOPPS and produced no results. The approved source of supply and only past awardee, Marotta Controls, Inc. (99657) was contacted directly for the market survey. The survey specifically requested an expression of interest, estimated price and delivery, business size, socioeconomic classifications, information regarding commerciality and information regarding other potential manufacturing sources. All interested sources were instructed to contact the buyer if interested. They were unresponsive.

Buyer has determined that the item is not commercial. The item covered by this procurement will be non-commercial for the reasons stated below:

a. Based on the definition of commercial items located in FAR 2.101 and will be procured under FAR Part 15.

b. Product Specialist confirmation and review of the Material Master in SAP indicates that this NSN has an AMC/AMSC of 3/C, and not 1/Z which would indicate a commercial item.

c. The Industrial Specialist tab under classification is blank, showing this is not considered a commercial off the shelf item.

d. Review of the material number does not show evidence that this NSN is available on the commercial market nor is it of a type customarily used by the general public or by non-governmental entities for purposes other than government or military purposes as defined in FAR 2.101.

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

a. 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.

b. It is restated here that based on all of the research and information above, the coded source listed above is the only source known that possess the technical data necessary to manufacture this item at this time.

10. A listing of sources, if any, indicating an interest in the acquisition

-none

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

a. The solicitation contains DLAD Procurement Note M06 Evaluation of Offers for Part Numbered Items and DLAD Procurement Note L04 Offers for Part Numbered Items.

12. There is no attached J&A for review as previous acquisition was under SAT.

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/Certification

I have reviewed and approve this justification.

APPROVAL REQUIREMENTS

( X ) Up to $700,000 Contracting Officer

DUFFALA.JAME

S.E.1230229100

Digitally signed by

DUFFALA.JAMES.E.1230229100

Date: 2020.03.05 13:13:28 -05'00'