J-A SPE7LX20RX029 -Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX20RX029

DLA Land and Maritime Justification and Approval for Other than Full and Open Competition (J&A) (April 2014)

The Product Specialist (PS) reviewed the technical information and confirmed the approved source for this item and that the AMC/AMSC codes are accurate on 2/20/2020.

The PS also certified that this part requires engineering source approval by the design control activity in order to maintain the quality of the part and that all means to obtain a technical data package adequate for manufacture of the item has been exhausted.

The procurement item description (PID) is included as Attachment 2.

The use of the authority cited is based on:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

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.

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

The acquisition will be synopsized on or about 6/4/2020. One day after the synopsis is posted the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

Cost or pricing data will not be required, since the item on this project has been determined to be commercial in accordance with Federal Acquisition Regulations (FAR)

2.101 and meets the exception at FAR 15.403-1(b)(3). Commercial procedures will be utilized in accordance with FAR Part 13.5. Allied Marine, dealer for the approved source, submitted invoices for commercial sales of this exact part. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be conducted using pricing on the current long-term contract (LTC), which was determined fair and reasonable. Pricing on that LTC will be adjusted by Producer Price indexes (PPIs) and learning curves, as necessary, for comparison with quoted prices for this procurement. Additional information, such as other-than cost data, may be obtained from the offeror(s), as necessary. By using 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 surveys were sent on 2/6/2020 to 3 dealers on the past buy history and the approved source: Allied Marine Services (1QNM6), Kyodo Shipping And Trading Corp (79VM8), ECI Defense Group (3SDB5), and Evac North America (47WD8). Allied Marine Services, who is the awardee of the current LTC, is the only source that replied. Allied Marine stated that they are interested in an LTC, and they provided quantities for quantity price breaks, estimated delivery days, and commercial invoices. Delivery was further clarified by email.

A sources sought notice was posted on 5/11/2020 and closed 5/18/2020. The only source that responded was Allied Marine Services, who will be solicited anyway.

Commercial Determination:

This valve is for vacuum toilets that are used on Naval and Coast Guard vessels as well as cruise ships and other commercial ships. Evac North America is the only approved source, and their website shows the systems that they provide to remove and process all types of wastes from commercial and military vessels. Refer to Attachment 1 for diagrams water and waste management systems used by the military and commercial vessels. The dealer for Evac, Allied Marine Services (1QNM6), provided invoices from commercial customers for the exact item that is being procured. (Further details of the online searches and the commercial invoices are included in the Commerciality Determination for this acquisition.)

Further, the Product Specialist concurred with the commerciality determination on 5/22/2020.

Based on the definition in FAR 2.101 for Commercial Item at paragraph (1)*, the Contracting Officer determined the NSN being procured to be “commercial” because the same item is sold in the commercial marketplace.

*FAR 2.101, “Commercial item” means (1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and- (i) Has been sold, leased, or licensed to the general public; or (ii) Has been offered for sale, lease, or license to the general public….

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

Based upon the technical certification provided by the Product Specialist, technical data is not available and cannot be developed to permit full and open competition for these items. The data presently available reflects the minimum needs of the Government.

10. A listing of business sources, indicating an interest in the acquisition is:

Allied Marine Services (1QNM6), Small Business Dealer

11. Actions being taken to overcome barriers to competition:

DLAD Procurement Note L04, Offers for Part Numbered Items, will be included in the solicitation.

12. The prior J&A for SPE7LX15D0079 is Attachment 3. Note that the current LTC, SPE7M419D5007, is an Indefinite Delivery Contract below the Simplified Acquisition Threshold and does not have a J&A.

Attachments:

1 Evac System - Military and Commercial 2 PIID Toilet Discharge Valve 3 Prior J&A SPE7LX15D0079

DLA Land and Maritime Justification and Approval for Other than Full and Open Competition (J&A) (April 2014)

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

614-692-9252

REBECCA S. HALTEMAN Date Phone Contracting Officer

Approval/Certification

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

614-692-3760 MARY E. SHEARER Date Phone Competition Advocate

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

HALTEMAN.REB

ECCA.S.127365

Digitally signed by

HALTEMAN.REBECCA.S.12

73657475 Date: 2020 05.27 09:26:02 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.12507

02449 Date: 2020.06.03 07:20:25 -04'00'