7.10_JA_Redaction_N0010426CQA03_Redacted.pdf
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- Attached to
- PUMP UNIT, CENTRIFUG, IN REPAIR/MODIFICATION OF
- Solicitation number
- N0010425RQC62
About this file
This document is a Justification for Other Than Full & Open Competition (J&A) from the Department of the Navy's NAVSUP WSS (Naval Supply Systems Command) in Mechanicsburg, PA. The document seeks to acquire 171 Centrifug Pump Units (NSN 7HH 4320 013622973, P/N 6748441) through a sole-source contract with McNally Industries Inc. The justification is based on 10 USC 3204(A)(1), citing that only one or a limited number of responsible sources will satisfy agency requirements.
The key rationale for the sole-source procurement is that McNally Industries Inc. holds exclusive rights to the technical data, manufacturing/repair processes, and design information for these parts. The government does not own the necessary data rights to purchase the part from additional sources, and a comprehensive analysis determined it would be uneconomical to acquire these rights. Market research confirmed McNally Industries Inc. as the only known source of repair. The document indicates that future requirements will be advertised on the government-wide point of entry, and the Navy will continue to encourage other vendors to submit technical data packages for potential future competition.
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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
7. Determination of Fair And Reasonable Cost
Line of Accounting
This J&A is based upon the authority of 10 USC 3204(A) (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 R
The Government does not own the data or the rights to the data needed to purchase / contract repair of this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.
This acquisition will be solicited to
MCNALLY INDUSTRIES INC Based on the market research performed by the technical advocate, it is concluded that the only source of repair is MCNALLY INDUSTRIES INC The Government does not own the necessary data or data rights required to purchase this part from additional sources.
MCNALLY INDUSTRIES INC retains exclusive rights to the technical data, manufacturing/repair processes, and design information (e.g., proprietary drawings, software code, manufacturing/repair specifications) for these parts. A comprehensive analysis has determined that it is uneconomical to purchase the required data and/or data rights from MCNALLY INDUSTRIES INC The cost of acquiring these rights would significantly exceed the cost of the repair from the approved source. Based on the factors outlined above, it is concluded that MCNALLY INDUSTRIES INC is the only responsible source capable of performing the necessary repairs, given the Government's lack of data rights and the uneconomical nature of data acquisition or reverse engineering. An Other Than Full & Open procurement is necessary to maintain operational readiness and avoid unacceptable cost, schedule, and performance risks. Market research did not reveal, or identify any known distributors.
15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement
The proposed contract action was synopsized on the government-wide point of entry on and as a result
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
MCNALLY INDUSTRIES INC A technical review, which consisted of searching several Government databases including ITIMP, FLIS and ERP, has been completed on this item. Search criteria included Part Number, Design Control Activity, Cage Code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding, recorded approved sourced of supply, historical sources of repair and past contracts. Based on this market research the contracting officer has determined that the only known source of repair is MCNALLY INDUSTRIES INC If a company other than the ones listed believes that they have a compatible product, they can submit the item to the Engineering Program Office, to include research and development, drawings and test specifications. The program office may test and evaluate the item at the company’s expense, when appropriate. Upon qualification, the approved company will be able to participate in current or future solicitations. ITIMP- Reviewed award history and other potential sources of supply, AMC/AMSC code, part number, CAGE code. NSEDR - Reviewed applicable drawing to this item. ERP - Search criteria included part number, NSN, Nomenclature, AAC, Criticality Coding. ISEA - Confirmed that there is no engineering support required at this time. FLIS- Search criteria included part number, design control activity, Cage code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding which all matched with ITIMP.
The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.
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8. Actions to Remove Barriers to Future Competition
9. Any Other Facts Supporting Other Than Full & Open Competition
History
To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to manufacture/repair the subject item to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the (WSS) guidelines. Also, future requirements will be advertised on the government-wide point of entry. For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.
Previous J&A No Previous J&A - Previously awarded under the SAT
N/A
Created By Work Function Reprocurement Technician
Created Date
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
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 Reprocurement Technician
Technical Cognizance Signature Date
As of this date, I confirm KO has reviewed the information contained in this J&A and determined sufficient for purposes of processing/ completing Small Business Coordination Record DD2579
KO Review for Small Business Concurrence
Work Function Contract Specialist KO Review for Small Business Concurrence Date
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Contracting Officer Certification Signature
Work Function Contract Specialist
Contracting Officer Certification Signature Date
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
Work Function Competition Advocate
Competition Advocacy Review And Concurrence Signature Date
I certify that this J&A is legally sufficient to the best of my knowledge and belief
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Legal Sufficiency Review Signature
Work Function Attorney Legal Sufficiency Review Signature Date
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
Work Function Competition Advocate
Approval Required By Far 6.304 Signature Date
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