93828877 JA v1 SPE7L122R0040 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)

[X] ORIGINAL

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/P/N QUANTITY EST. VALUE AMSC

[Cylinder Sleeve] [2815-01-1800772] [88] [ ] [C]

Identify end item, weapon system, or class of item:

WSIC F WSDC ZDN (US Navy LPD-17 Class Amphibious Transport Dock) (Pielstick Diesel)

ESTIMATED BASE VALUE:

NO OPTIONS

MAXIMUM CONTRACT VALUE:

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING: N/A

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(s): Fairbanks Morse LLC, Cage 7PZX0, Part Number P014085N.

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 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.

CUI Designation Indicator Controlled by: [DLA Land & Maritime] Controlled by: [FLSC] CUI Category: SSEL (Source Selection) Distribution/Dissemination Control: FED ONLY POC: [joseph.peterson@dla.mil]

SOLICITATION [ ]

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

Per the Approved Cage-Part Numbers List available for subject NSN, only Fairbanks Morse LLC (Cage 7PZX0) (“FM”) has been identified by the Government to possess and have the rights to use the complete technical dataset and to have the appropriate manufacturing expertise to supply this NSN to DLA and the using military service. Acquisition from the currently approved source is required to maintain the quality of the part. Product Specialist certified the technical data as correct in the last technical review of this item, conducted on 08/31/2022 and included as Attachment 1. No additional sources beyond those listed in the Approved Cage-Part Numbers List were identified. Based upon technical review, only the approved sources have the complete technical data and manufacturing expertise to successfully manufacture this item for the Government and the using military service. 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 reflect the minimum needs of the Government.

There is no outstanding DLA Form 339 request for additional sources.

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 08/31/2022 through 09/12/2022, 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 88 ea, with no options. 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 08/31/2022 to 09/26/2022.

Previous history reflects awards dating from July 2018 through March 2020. There is no prior J&A available because all prior solicitations for this item were SEPAs or under SAT.

Total number of vendors contacted: Four 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, Fairbanks Morse, LLC (Cage 7PZX0) (“FM”) and to the following dealers: JGILS, LLC (Cage 1N8T8)

SOLICITATION

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

As noted in Section 5, the last technical review of this item was conducted by Product Specialist on 08/31/2022 and no additional sources beyond those listed in the Approved Cage-Part

Numbers List were identified. Based upon technical review, 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.

10. Sources indicating an interest in the acquisition: JGILS (Cage 1N8T8) and Chand (Cage 0D5X4) offering the item (P/N P014085N) manufactured by approved source, FM (Cage 7PZX0).

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: JGILS received the most recent award for this item on 03/27/2020. Pioneer received the two prior awards on 03/16/2020 and 02/10/2020. Chand received an award for this item on 01/25/2020. 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. There is no prior J&A available because all prior solicitations for this item were SEPAs or under SAT.

Attachments:

1. Technical review documentation

2. Procurement History

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.

Monica L. Whiting, Contracting Officer

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

WHITING.MONICA.L.1378381815 Digitally signed by WHITING.MONICA.L.1378381815 Date: 2022.09.27 10:50:45 -04'00'