J-A SPE7LX20RX051 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX20RX051

DLA Land and Maritime J&A Other Than Full and Open Competition 2 from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them 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 1.

The use of the authority cited is based on:

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

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.

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

The acquisition will be synopsized on or about 7/23/2020. 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 items contained in this project have been determined to be commercial items in accordance with Federal Acquisition Regulations (FAR) 2.101 and meet the exception at FAR 15.403-1(b)(3). Commercial procedures will be utilized in accordance with FAR Part 13.5. Statz Corporation (3WGD1), a Service-Disabled Veteran-Owned Small Business dealer for the approved source, will be submitting a quote, and other dealers may also submit quotes. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be performed using pricing on the past procurements, including those on the current LTC, which were determined fair and reasonable. That pricing will be adjusted by Producer Price indexes (PPIs) and learning curve analysis, as necessary, for comparison with proposed prices for this procurement.

Other than cost data will be requested as necessary.

By using the above techniques and gathering of additional information, 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 3/11/2020 to the following companies on the past buy history:

Rits Ltd. (3DR29), Brighton Cromwell (3NNX8), Statz Corp. (3WGD1), Cavanaugh Government Group (5UY76), Brown Helicopter (5V361), Kampi Components (7Z016), Fuel Systems Inc. (8S377) and SAIC (79343). A negative reply was received from Kampi.

Brighton Cromwell forwarded the email to someone else in the company, but no response was received. Statz Corporation, a Service-Disabled Veteran-Owned Small Business

DLA Land and Maritime J&A Other Than Full and Open Competition 3

(SDVOSB), replied on 3/16/2020, confirming interest in a LTC and providing quantity price breaks and estimated delivery days.

Sources sought notice was posted on 6/11/2020 and closed on 6/18/2020. No responses were received.

Commercial Determination:

The Contracting Officer searched Donaldson’s website to find similar commercial air cleaners. The attachment of the Commerciality Determination memo contains pictures, diagrams, and commercial pricing for similar items. Donaldson is a huge supplier of commercial air cleaners for large trucks, as well as smaller vehicles. Two particular air cleaners on the attachment look very similar to the NSN being procured. However, the size and weight of the NSN being procured is many times greater than that of the commercial air cleaners (7.69 cubic feet and 63 pounds versus the one of the commercial items at 1.95 cubic feet and 38 pounds).

The Product Specialist concurred with the “commercial of a type” determination on 6/24/2020.

Based on the definition in FAR 2.101 for Commercial Item at paragraph (1)*, the Contracting Officer determined the NSNs being procured to be “commercial of a type” because similar items are available 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:

Statz Corp. (3WGD1), SDVOSB

11. Actions being taken to overcome barriers to competition:

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

DLA Land and Maritime J&A Other Than Full and Open Competition 4

12. The are no prior J&As, since the recent acquisitions have been under the simplified acquisition threshold, including the current LTC. An older contract, SPE7L318C0007, does not have a J&A in records management under the contract number or under the solicitation number, SPE7L317R0062.

Attachment: SPE7LX20RX051 PID-PKG

DLA Land and Maritime J&A Other Than Full and Open Competition 5

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.1273657

Digitally signed by

HALTEMAN.REBECCA.S.127

3657475 Date: 2020 06.24 15:53 58 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER MARY.E.12507024

Date: 2020.07.01 11 33:31 -04'00'