FOIA REDACTION JA_REDACTED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX22R0093

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

The use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

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.

, a SAPD Product Specialist did a technical review on 08/01/2022. Based on his review he states that all means to obtain a technical data package adequate for manufacture of these items has been exhausted. confirmed the AMC/AMSC in his technical review and certified the information as complete and accurate.

The approved sources are the only known sources with the ability, knowledge, and rights to manufacture these items. Per the Product Specialist, the manufacturers listed in the table above are the approved OEMs and are the only sources provided by the services for each NIIN.

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

The acquisition was synopsized for 15 days on 07/07/2022.

The solicitation will be posted to DIBBS for 30 days.

A sources sought notice was posted on SAM.gov from 06/07/2022 to 06/14/2022 with no responses received.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. This will be a 5-year Indefinite Quantity Contract (IQC). Certified Cost/Pricing Data (CCPD) may be required if manufacturer competition does not exist. Price Analysis for the future years will be based on Global Insights Producer Price Index (PPI) forecasts. The buyer anticipates using manufacturer competition and if CCPD is not required the Contracting officer may obtain other than certified data to support a reasonableness determination.

8. Market Research/Efforts to Obtain Competition:

Market Research was conducted from 09/23/2021 to 07/07/2022 3 vendors were contacted with the following results:

Statz Corp CAGE 3WGD1 was contacted in Sept 2021 and again in June 2022 with no response.

Xact Tool Inc. CAGE 3GEM4 is an approved source and was contacted in Sept 2021 with no response.

Xact Tool responded in June 2022 when the Contracting Officer followed up with an inquiry and stated they were interested, but they did not complete any market research. Xact Tool has the current LTC, but per the BCA the pricing has increased, and they will be letting the contract expire in August 2022.

Advanced Perforating (bought out Marvel Group) CAGE 83906 completed a market research survey.

Marvel Group originally submitted a market survey in Sept 2021, and the POC from Advanced perforating verified that the information was up to date from the original survey except that Marvel Group name/CAGE would no longer be used. Most of the source information was updated prior to receiving the project, but the PS of record did update CLIN 0003.

Advanced Perforating stated they have provided CCPD in the past and would be willing to do so for this procurement. They also stated these items are not commercial.

A review has been conducted of the items to determined if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. A review of the NSNs show they were previously purchased under Solicitation SPE7LX19D0192 and was not determined commercial by the previous Contracting Officer. The current Market research states these items are not commercial. The items are determined to be not commercial and will be solicited under FAR Part 15.

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

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. There are no open Value Engineering Projects.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Xact Tool Inc. CAGE 3GEM4 and Advanced perforating CAGE 83906

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items In accordance with DFARS PGI 206.304, the Contracting Officer searched the previous awards in the procurement history in Records Management for previous J&A’s and was able to locate the J&A for

SPE7LX19D0192.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X ] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachments:

1. Tech Certification

2. Previous J&A

BARROWMAN.ALI

CIA.A.1368987251

Digitally signed by

BARROWMAN.ALICIA.A.136898

Date: 2022.08.11 14:39:18 -04'00'

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2022.08.18 15:37:03 -04'00'