J-A SPE7MX20RX041 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX20RX041

DLA Land and Maritime J&A Other Than Full and Open Competition 2 research and review of past procurement history does not reflect any other SDVOSB source quoting or receiving awards other than Statz Corporation (3WGD1). In addition, the sources sought notice that was issued specifically asked for interested SDVOSB dealers, and there were no responses. Therefore, there is no expectation that offers would be received from two or more SDVOSB small business concerns. The anticipated price of the contract is above the SAT and does not exceed $6.5 million. The requirement is neither currently being performed by an 8(a) participant under the provisions of FAR 19.8 nor has been accepted as a requirement by SBA under FAR 19.8.

The data needed to acquire these parts competitively are not physically available, 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. It is, therefore, essential to limit to the approved CAGE code(s) and part numbers.

The PS reviewed the technical information and confirmed the approved source(s) for this item and that the AMC/AMSC codes are accurate on 3/3/2020. The PS also certified that the data or the rights to use the data needed to purchase this part 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 2.

AMC 1. (5945014605121) Suitable for competitive acquisition for the second or subsequent time.

AMC 3. (5945006029006, 5945009618611, and 5945012341086) Acquire, for the second or subsequent time, directly from the manufacturer.

AMSC B. (5945014605121) This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD- STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

AMSC C. (5945006029006 and 5945012341086) 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

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

AMSC D. (5945009618611) 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.

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

The acquisition will be synopsized on or about 9/21/2020. One day after the synopsis is posted the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

Sources sought notice was posted on 8/12/2020, looking for SDVOSB dealers who could provide the approved parts and for other sources who may want to submit alternate offers. The notice closed on 8/19/2020. No responses were received.

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 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.

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, 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, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market Survey sent by email to the following sources listed on the past buy history:

ROCKER SOLENOID COMPANY 07797, TRIMAN INDUSTRIES INC 0ZBE8, HD

AERO SUPPORT, INC. 5YBK9, TNL SALES LLC 1XLG2, ODONNELL AND

ASSOCIATES 7M910, NEW ERA CONTRACT SALES, INC 0FA68, SUPERSONIC

SERVICES INC 0UCW1, STATZ CORPORATION 3WGD1, PRIDE ELECTRONICS,

INC. 7N929, and UNITED AERONAUTICAL CORPORATION 0EUD7. HD Aero Support, Triman Industries, and O’Donnell and Associates indicated that they were not interested in the acquisition. Statz Corporation, a SDVOSB, completed the market survey, confirming interest in a LTC. Statz revalidated their market survey reply on 8/13/2020, providing quantity price breaks and estimated delivery days for 4 NSNs. Statz confirmed that they will provide other-than-cost data if requested by the Contracting Officer.

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

Sources sought notice was posted on 8/12/2020, looking for SDVOSB dealers who could provide the approved parts and for other sources who may want to submit alternate offers.

The notice closed on 8/19/2020. No responses were received. As a result, the procurement will proceed as a Sole Source SDVOSB Set-aside.

Commercial Determination:

The Contracting Officer performed market research on the internet to learn more about solenoids and to make a commerciality determination. In general, a solenoid is a coil of wire that becomes an electromagnet when a current is run through it.

This type of magnet is extra-strong because the magnetic field is concentrated inside the coil. Electromagnets can be switched off and on and can be strengthened by running more current through them. Electromagnet solenoids are used for many different commercial purposes, including hotel door locks, water-pressure valves, MRI machines, hard disk drives, speakers, microphones, and cars.

Attachments 3A and 3B contain general information about Rocker Industries, the small business approved source, and commercial and military applications for their products. The long list of commercial applications for Rocker Industries’ solenoids and solenoid valves include aircraft, such as various Airbus and Boeing models, Cessna, and McDonnell Douglas. Rocker Industries’ list of military applications include aircraft (fixed wing—F16, F-35, etc., and helicopters—Osprey, Apache, etc.), ground vehicles (Abrams Tank, Bradley Fighting Vehicle, etc.), missiles, surface ships, and submarines.

Based on the information above and that solenoids are used in many commercial and military applications, the items being procured are hereby determined to be commercial “of a type” customarily used by the general public.

*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….

The Product Specialist concurred with the “commercial of a type” determination on 8/21/2020.

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

Statz Corp. (3WGD1), SDVOSB

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

10. Actions being taken to overcome barriers to competition:

DLAD Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items, will be included in the solicitation for 5945006029006, 5945009618611, and 5945012341086. (Note L22 will be included for 5945014605121, a source controlled item.)

Attachments:

1 M242 Auto Gun Receiver Operation

2 SPE7MX20RX041 PIDS-PKG

3A Rocker Industries General Info 3B Rocker Industries - Solenoid Applications (Comm and Military)

DLA Land and Maritime J&A Other Than Full and Open Competition 6

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.REBE

CCA.S.1273657475

Digitally signed by

HALTEMAN.REBECCA.S.12736

57475 Date: 2020.09.03 10:31:17 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.125070244

Date: 2020.09.11 15 01:08 -04'00'