92775053 JA v3 FOIA Redacted_Redacted.pdf

CUI Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [ ]

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

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

[X] 10 U.S.C. 2304(c)(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:

Winzer Corporation, Cage 01FM8, P/N C9811115.

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.

Winzer Corporation (Cage 01FM8) is uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture the item.

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 the solicitation opening on DIBBs.

[X] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

A Sources Sought notice, which included a market survey, was posted on the SAM.GOV web site from 03/03/22 through 03/10/22, with no responses received from interested sources. On the day that the solicitation is posted to DIBBS, a copy of the solicitation will be e-mailed to the approved source for this NSN. Market research efforts are detailed in Section 8 below.

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 Price Index (PPI), and learning curve analysis. This is a firm fixed price contract for quantity 6 ea, with a 50% option. Multiple or split awards will not be considered, as this item is being procured on an All or None basis. 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 certified 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:

Market Survey [10 U.S.C. 2304(f)(3)(D)]. A market survey was conducted 03/03/2022 to 03/23/2022.

Previous history reflects awards dating from December 2017 through March 2021. The J&A for the most recent previous purchase order SPE7L321C0007 is attached as Attachment 3.

Total number of vendors contacted. Two vendors were contacted. And, a Sources Sought notice with an attached market survey was posted on Sam.gov.

Names of vendors contacted and responding: Market surveys were emailed to the approved source, Winzer Corporation (“Winzer”) (Cage 01FM8), and to a source that provides similar items, In 2016, Chromate

SOLICITATION [ ]

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

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

[X] 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.

The last technical review of this item was conducted by Product Specialist On 03/08/2022, signed a technical review memorandum certifying that the technical information for this item was correct and that only the approved source has the complete technical data and manufacturing expertise to successfully manufacture this item for the Government and the using military service. See Attachment 1.

10. A listing of sources indicating an interest in the acquisition is: Winzer Corporation, Cage 01FM8.

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 [X] Other: Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program. The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

Procurement History: Winzer has received the last ten contracts for this item, since 2017. The complete procurement history for this item can be found as Attachment 2. The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for this item to be competitive. This solicitation contains the DLAD Procurement Note entitled Offers for Part Numbered Items (1.04). This clause 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 engineering activity. If the current procurement cannot be delayed, due to mission requirements, and to allow sufficient time for the engineering activity to determine whether to approve the alternate offer, the SAR package will be considered for future awards.

12. The most recent previous acquisition of this item was a large purchase, with purchase order SPE7L321C0007. The J&A for that acquisition is attached as Attachment 3.

ATTACHMENTS

1. Technical review documentation;

2. Procurement history;

3. J&A for most recent previous purchase order SPE7L321C0007.

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

SOLICITATION [ ]

APPROVAL/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 $750,000, this signature serves as the approval.

Contracting Officer

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer [X] $750,000 to $15,000,000 Competition Advocate

WHITING.MONIC

A.L.1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2022.04.06 11:40:03 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.04.20 16:07:25 -04'00'