4.0 CM22264001 JA SPE7MX23RX020 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

DLA Land & Maritime Justification for Other Than Full & Open Competition

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SPE7MX23RX020 / CM22264001

[X] 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.

FAR Subpart 13.5 procedures are being used in accordance with 41 U.S.C. 1901.

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

CLIN NSN ITEM U/I AMC AMSC PIC QCC ADQ ADV

0001 2520-01-256-3706 Universal Joint, Veh EA 3 D 2 DAA 58 0002 4820-01-256-0696 Deck box, Remote Ope EA 3 R 2 CAA 53 0003 4820-01-257-1574 Gear Operator, Valve EA 3 C 2 CAA 32 0004 4820-01-674-6743 Gear Operator, Valve EA 3 D 2 DAA 22 0005 4820-01-674-6747 Gear Operator, Valve EA 3 D 2 DAA 4

The Federal Supply Code (FSC) for these NSNs are 25 (Vehicular Equipment Components) and 48 (Valves) which represents the commodity class of these items. These items are part of 87 different weapon systems including:

The proposed action is for the solicitation and award of a two -year, Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity type contract. The two-year period is inclusive of one (1) one-year base period and one (1) one-year option periods.

The two-year contract period estimated value is:

Annual Demand Value: $ 2 Year Estimated Value: $ Minimum Contract Value: $ Maximum Contract Value: $

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

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

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Acquisition is restricted only to the following source(s) of supply for the items:

NSN Item Name Cage Part Number AMC/AMSC

2520-01-256-3706 Universal, Joint, Veh 78710 57361-00 3 D 4820-01-256-0696 Deck box, Remote Ope 78710 POD37343-03 3 R 4820-01-257-1574 Gear Operator, Valve 78710 57348 3 C 4820-01-674-6743 Gear Operator, Valve 78710 65108-00 3 D 4820-01-674-6747 Gear Operator, Valve 78710 80507-07 3 D

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:

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. Triumph Controls is the only source approved by the design control activity because Triumph Controls retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge essential to maintaining the quality of the part compared to other similar “commercial of a type” items."

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. CLINs 0001,0003,0004 and 0005.

Triumph Controls is the only approved source that has complete drawings for these items and the only source that can produce them at this time, that meets Government requirements when compared to other similar “commercial of a type” items.

AMSC R. The Government does not own the data or the rights to the data needed to purchase 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 this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid. CLIN 0002. Triumph Controls is the only approved source that has complete drawings for these items and the only source that can produce them at this time, that meets Government requirements when compared to other similar “commercial of a type” items

Based upon the technical certification by the DLA Land and Maritime Product Specialist dated 9/27/2022, all means to obtain a technical data package adequate for manufacture of these items have been exhausted; see Att.

#1- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for

P a g e | 3 these NSNs and verified the approved source(s). There are no pending 339s with the Engineering Support Activity (ESA) for any of the NSNs.

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

[X] A Sources Sought notice was issued on SAM.gov on 10/13/2023 for five business days.

[X] The acquisition will be synopsized on or about 01/20/2023 for 1 days.

[ X ] At the completion of the synopsis period, this acquisition will be solicited on the Internet for a minimum of 15 days via the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Past procurement history was reviewed, market surveys were reviewed, GSA reviewed, and a Producer Price Index(PPI) analysis will be performed. As such, the price analysis for the future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. This will be a two-year, firm fixed price, indefinite delivery indefinite quantity type contract. The two-year period is inclusive of one

(1) one-year base period and one (1) 1-year option period.

Based on the results of market research, the buyer anticipates receiving only one offer of the sole approved manufacturer’s part, from the approved manufacturer’s authorized distributor.

8. Market Research/Efforts to Obtain Competition:

Market surveys were sent out on 9/21/22 via email by to Triumph Controls and Triman Industries.

Triman Industries responded that they could not complete the market survey at that time (9/22/22). Triman did provide market survey information on 10/11/22, after the Contract Specialist followed up.

The following vendor responded:

Triman Industries (0ZBE8) Large business dealer for Triumph

The following is a summary of the information received:

Triman Industries (0ZBE8) returned the SAPD market survey questionnaire and provided the following information:

They are interested in a LTC for the five NSNs.

Triman Industries is a large business dealer for Triumph Controls (78710) They indicated that Triumph Controls is only interested in a 2-year LTC.

had provided CC&P on the current LTC – SPE7MX21D5049

Responses were not received to the posted Sources Sought on from 10/13/22 to 10/19/22.

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Additional Information Regarding the Commerciality of the items:

All five NSNs were previously determined to be commercial “of a type” on the last LTC SPE7MX21D5049 by the Contracting Officer. This information was forwarded to the Product Specialist as the material master had not been updated for any of the NSNs. Product Specialist reviewed and concurred on 10/18/22 that the NSNs were commercial and updated the material master.

These items were considered similar to those customarily used by the general public for non-government purposes and are available commercially and/or have the same form/fit/function. This meets the FAR 2.101 definition of commercial product:

(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor

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

Technical review was completed on 10/18/22 and stated all means to obtain a technical package adequate for manufacture of these items has been exhausted. During this review, the Acquisition Method and acquisition method suffix codes were reviewed and verified for each NSN. Confirmation of sources for the NSNs were also completed and determined to be acceptable. No other sources or adequate technical data could be identified. 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 reflets the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Triman Industries, Inc. (0ZBE8).

11.This item is subject to the following methods of locating additional sources:

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

12. In accordance with DFARS PGI 206.304, the buyer searched the previous awards listed in the contract history in Records Management in Eprocurement for previous J&As and was able to locate the J&A for contract SPE7MX21D5049. See Att. #2

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.

guideposts, but are not

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Brandy Warner / Contracting Officer

APPROVAL/ CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate

Attachments:

#1 – Tech Certification

#2 – J&A SPE7MX21D5049

WARNER.BR

ANDY.DANIE

LLE.12518978

Digitally signed by

WARNER.BRANDY.

DANIELLE.12518978

Date: 2023.01.27 13:30:43 -05'00'