FY 23 CE C-1 LCAC Air Conditioner JA 9.18.23 COUNSEL REDACTIONS.pdf

Controlled by: DLA Troop Support - C&E FCA CUI Category: Source Selection

Distribution/Dissemination Control: FED ONLY POC: Florence E. Robinson-Jones, KO

CONTROLLED UNCLASSIFIED INFORMATION - CUI

Justification For Other Than Full and Open Competition

1. Defense Logistics Agency (DLA) Troop Support, Construction and Equipment Supply Chain, is the contracting activity.

2. The action being approved is the ability to solicit DLA requirements on an other than full and open competition basis.

3. Following are the supplies required to meet DLA’s needs:

National Stock Number (NSN): 4120-01-512-2399 Item Description: Navy Landing Craft Air Cushion (LCAC) Air Conditioner Snowbird Environmental Systems Corporation (ESC) (CAGE 0V5R4) Part Number (P/N): LCAC-33KH-1 REV-A Base Period: One (1) Year Number of Options: Four (4) - One (1) year option terms Estimated Unit Price: $38,944.00 Each

Annual Estimated Quantity: 70 Each Estimated Dollar Value (Base Year): $2,726,080.00 Estimated Dollar Value Inclusive of Options: $14,186,630.00 (Based on an economic trend of 2% escalation per year, for each of the option terms.)

Maximum Dollar Value Inclusive of Options: $25,000,000.00 (To provide sufficient contract coverage for spikes in demand and or economic spikes in prices.)

4. The applicable statutory authority permitting other than full and open competition is 10 U.S.C. 3204 (c)(1) as implemented by FAR Part 6.302-1, only one responsible source and no other supplies will satisfy agency requirements.

5. The use of this authority is necessary because the Government’s need for the LCAC Air

Conditioner can only be satisfied by Snowbird ESC, the original equipment manufacturer (OEM) and the only approved source for this item. This is a military unique item that is used on the Navy’s LCAC, a ship-to-shore, high speed, over the beach, fully amphibious landing craft that is capable of operating from a ship’s deck, carrying a 60 – 75-ton payload, including weapon systems, equipment, cargo, and personnel. The air conditioner is specifically made for use on this craft and is vital for the safety, health and comfort of the military member that is operating the LCAC, in dangerously high temperatures.

Snowbird ESC originally qualified to the Navy specification in 2005. After challenges with the item, Snowbird submitted design changes and enhancements under their part number, that included Snowbird’s sole source evaporator and condenser motors, 400-cycle special motors which Snowbird modifies with fungus and saltwater protection as required, and a sole source compressor for which Snowbird ESC is the sole distributor for the manufacturer, WELCO France. The air conditioner unit is Snowbird ESC’s design, as technical records indicate that the Navy has not purchased the current full set of manufacturing drawings and does not intend to;

therefore, no technical data package exists, that could be used to foster competition. The Navy’s Engineering Support Activity (ESA) confirmed in October 2022, that no additional sources paa9619 Sticky Note Accepted set by paa9619 paa9619 Highlight paa9090 Sticky Note Accepted set by paa9090

Distribution/Dissemination Control: FED ONLY POC: Florence E. Robinson-Jones, KO

CONTROLLED UNCLASSIFIED INFORMATION - CUI

exist that could manufacture the subject item. The ESA also confirmed that no further changes have been made to the subject item.

6. A Sources Sought Notice (SSN) was published on Contract Opportunities in SAM.Gov on March 21, 2023, and closed on April 21, 2023. No vendors responded to the sources sought notice. The requirement will be synopsized on SAM.Gov as required by Far 5.2. In addition, this justification will be made available for public inspection with the solicitation, in accordance with FAR 6.305(c).

7. As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be determined fair and reasonable based on a favorable analysis of certified cost or pricing data.

8. A Market Research survey was sent to Snowbird ESC via email on December 20, 2022.

Snowbird responded with an expressed interest in submitting a proposal for this requirement.

An internet search was also conducted to see if additional sources for this NSN were available, but none were found. Market Research was also conducted via the internet for products having the same form, fit and function as the one being procured, but to no avail.

9. The Government does not possess the requisite technical data required to evaluate alternate proposals or to solicit for competitive offers. There are no other facts supporting the use of other than full and open competition.

10. Snowbird ESC has expressed interest in the proposed acquisition.

11. In an effort to increase competition, the Contracting Officer contacted the Navy ESA prior to the start of this procurement to ascertain if any request for alternative item evaluations were underway. No alternate offers have been received to date. Additional efforts to overcome barriers to competition will be the inclusion of DLAD Procurement Note M06 entitled Evaluation of Offers for Part Numbered Items (SEP 2016) and DLAD Procurement Note L04 entitled Offers for Part Numbered Items (SEP 2016), in the solicitation, which contains instructions for submission of an alternate offer. Technical data packages for offers of alternate items will be sent to the ESA for evaluation. If any alternate offers are submitted in response to the proposed acquisition, they will be reviewed and referred to the ESA for evaluation.

12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge.

Date FLORENCE E. ROBINSON-JONES Contracting Officer

Distribution/Dissemination Control: FED ONLY POC: Florence E. Robinson-Jones, KO

CONTROLLED UNCLASSIFIED INFORMATION - CUI

I hereby certify that the requirement which forms the basis of this justification is accurate, that these supplies meet the Government needs in accordance with applicable specifications, and that this justification is accurate and complete to the best of my knowledge and belief.

Date OMAR MIELES

Technical Specialist

I have reviewed this justification and recommend approval.

Date DANIEL FERRY

Division Chief FCA

I have reviewed this justification and recommend approval.

Date ROBERT J. PANICHELLE

DLA Troop Support Competition Advocate

I have reviewed this justification for legal sufficiency.

Date

NICOLE M. WILMOTH

Supply Chain Counsel DLA Counsel-Troop Support

I have reviewed and hereby approve this justification.

DATE WILLIAM J. KENNY

Executive Director DLA Troop Support Contracting and Acquisition Management