J-A SPE7MX-21-R-X021 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-21-R-X021

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

(April 2014)

The use of the authority cited is based on the following: NSNs 6130-01-435-5672 and 6625-01-435- 6342 items currently have an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/D, indicating that:

(X) 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.

NSNs 6130-01-437-1309, 5998-01-437-7269, and 6625-01-435-7997 items currently have an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/C, indicating that:

(X) 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.

DLA Land & Maritime Technical professional, provided certification for these items on October 16, 2020. Tech confirmed that the AMC/AMSC codes for all NSNs (see Attachment 2). In addition, per the approved manufacturer parts list for these NSNs in SRM (as received from the Defense Logistics Information Service), Druck LLC has been identified as the only source known to have the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services. The Government has no technical data.

Therefore, competition must be limited to offers of the products of Druck, LLC.

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

(X) A Sources Sought Notice was posted November 16 through December 1, 2020.

NIIN CAGE

6130014355672 1CE49

1CE49

6130014371309 1CE49

1CE49

5998014377269 1CE49

1CE49

1CE49

6625014357997 1CE49

6625014356342 1CE49

Druck, LLC

Druck, LLC

Druck, LLC

Druck, LLC

Druck, LLC

Druck, LLC

COMPANY NAME

Druck, LLC

Druck, LLC

Druck, LLC

ADTS405-1892-25-M0

PRT NUM

AS405-25-1892M0

ADTS405-1892-23-M0

AS405-23-1892M0

ADTS405-1894-09-M0

ADTS405-1894-09-M1

AS405-09-1894M1

ADTS405-1893-81-M0

ADTS405-1894-32-M0

(X) The acquisition was synopsized on February 15, 2021, with the solicitation being published soon after. Solicitation will be posted on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

(X) Dealers of the manufacturers will be solicited.

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

This will be a five-year, firm fixed price, indefinite delivery contract subject to FAR Part 13.5.

The five-year period is inclusive of a three-year base period, and two separately priced, one-year option periods. As such, the price analysis for 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. Based on the results of market research, the buyer anticipates one offer. The buyer will request other than certified cost/price data from offerors if deemed necessary at time of offer evaluation. Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Sources Sought Notice:

A Sources Sought notice was posted to FedBizOps November 16 through December 1, 2020, which also contained an attached market survey. No responses were received from the notice.

Market Research DLA Land and Maritime conducted market research, consisting of a market survey that was issued to eleven sources:

a) Sources Contacted

i) DRUCK LLC 1CE49

ii) KAMPI 7Z016

iii) WESTSIM ENGINEERING, INC. DBA WSI 7MR60 – No response

iv) STEALTH SUPPLY, INC. 6RVM4 – No response

v) CLEARRIDGE HARDWARE 4NWK0 – No response

vi) MARTIN MILITARY INC 1WZZ2 – No response

vii) DELA TECHNOLOGY CORPORATION 2U435 – No response

viii) DREAMFIND INC 1V4T7 – No Response

ix) LC ENGINEERS, INC. 1RHM0 – No response

x) JGILS, LLC 1N8T8 – No response

xi) S I T CORPORATION DBA SYRACUSE 1MQB3 – No response

In addition to the publishing of a Sources Sought notice, the Contract Specialist also researched the procurement history for the items on the proposed solicitation. See Attachment 1 for a complete list of history for all 5 NSNs.

The survey consists of approximately 20 general questions. Majority of questions involved check boxes and (yes or no) answers, miscellaneous questions and final comment section at the very end of the questionnaire. The market survey sought and gathered information regarding shipping costs, zone pricing, and option periods (pricing and desirability). Information sought on the market survey also included business size, quantity sensitivity of the items, if the items are carried in the inventory, if a dealer/distributor network exists, the anticipated unit price and delivery of the item, if the items are commercial, which FOB & I/A is acceptable, if the OEM, recognized part numbers, and if the contractor is EDI & MIL-STD- 129 markings capable.

Only one completed response was received.

Druck LLC (1CE49) responded with the following information:

Druck, LCC: A Market Survey was sent on August 31, 2020, with a response received on August 31, 2020. Druck indicated they are a large business manufacturer with 500 plus employees and are interested in a Long-Term Contract

Druck marked these 5 NSNs as commercial and is willing to provide cost and pricing.

Only One incomplete response was received:

Kampi Components (7Z016)

Kampi: A market survey was sent on August 31, 2020, with an email response stating that they would possibly quote if the solicitation was posted. They would not comment further.

Information received regarding the commerciality of the item(s): MM03 COTS field has an entry of ‘NO’ for the NSNs 6130-01-435-5672 and 6130-01-437-1309. MM03 COTS field for NSNs 5998-01-437-7269, 6625-01-435-7997 and 6625-01-435-6342 are blank. Druck LLC has a commercial website, but this pricing must be requested. These NSNs are not listed on any GSA Federal Supply Schedules. The OEM, Druck LLC CAGE Code 1CE49 responded to the market survey and checked yes when asked if these items were commercial or catalog/price listed, available or announced to the general-public (see attachment 3). In addition, they provided copies of invoices showing the items sold to the general-public. These invoices were submitted redacted, Druck is unwilling to un-redact these documents. This information, combined with the market survey response that the item is commercial, led the Contracting Officer determining items are commercial under subparagraph (1)(ii) of the Commercial Item definition in FAR 2.101. Therefore, the item is determined to be commercial and acquisition will be conducted under FAR Part 13.5.

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

[X] Per FAR 6.303-2(c) the Product Specialist of Record, Joseph Selway, confirmed on October 16, 2020, that this material has an AMC/AMSC of 3C or 3D. 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.

10. A list of sources, if any, indicating an interest in the acquisition is:

Druck, LLC 1CE49 Kampi Components (7Z016)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [X] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. No previous acquisition required a Justification and Approval because they were all below the simplified acquisition.

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

JOHN W. HUTCHESON Date Contracting Officer

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

MARY E. SHEARER Date Competition Advocate

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

Attachments:

Attachment 1 – Procurement History Attachment 2 – Tech Certification Attachment 3 – Commerciality email from KTR.

SHEARER.MARY

.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.04.09 10:37:02 -04'00'

HUTCHESON.JOH

N.W.1073665759

Digitally signed by

HUTCHESON JOHN.W.107366575

Date: 2021.03.25 14:45:24 -04'00'