J-A6.302-1SPE7LX22R0033.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-22-R-0033

Controlled by: DLA Land and Maritime Controlled by: [Insert IST or Branch level Org Code]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: [Email address of document author]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. The resulting contract will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract under FAR Part 15 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

3. The supplies/services required to meet the using activity’s needs are described as follows:

CLIN

NSN

ITEM NAME

UI

AMC

AMSC

ADQ

Estimated ADV

0001 5330015742740 PACKING ASSEMBLY EA 3 D 112

0002 5330015793401 PACKING ASSEMBLY EA 3 P 765

Total Estimated ADV

These packing assemblies are a combination of nonmetallic molded or formed shapes (other than solid rubber or synthetic rubber rings having a square or rectangular cross section) specifically designed and manufactured for use as a seal. The assembly may include metal lantern rings, metal separators, and/or end or adapter rings.

End Item description and Weapon System

CLIN NSN Weapon System Designator Code End Item

0001 5330015742740 05F STRATOLIFTER C/KC-135 AIRCRAFT

0002 5330015793401 40A BLACK HAWK UH-60A, UH-60L, HH/UH-60M, UH-60V HELICOPTER

The estimated base value is , with an estimated total value (Base + Option) of , and a maximum contract value of .

4. The statutory authority permitting other than full and open competition is: 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources. The items needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

LINE ITEM NSN Company CAGE Part Number

0001 5330015742740 GREENE, TWEED & CO., INC. 5F573 295-44904-965-5510

0002 5330015793401 GREENE, TWEED & CO., INC. 5F573 7341FTE-160-T

The manufacturer listed at table above is the current source, approved by the design control activity to supply these items. Accordingly, per DFARS 209.270, DLA is required to procure only from sources approved by the design control activity.

SOLICITATION: SPE7LX-22-R-0033

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

The Quality Assurance Specialist certified on 9/15/2021 that the AMC/AMCS code for these NSNs are correct and Green, Tweed & Co., Inc. (5F573) is the only sources approved by the design control activity.

Per the Quality Assurance Specialist these items will be used to replace the packing assemblies on the Stratolifter C/KC-135 Aircraft, Black Hawk UH-60A, UH-60L, HH/UH-60M, UH-60V Helicopters, and other weapon system platforms. These items are the only replacement parts that will function properly in the end item in accordance with the military requirements.

Product procurement history indicates that Green, Tweed & Co., Inc. (5F573) is the actual manufacturer for these items. The Government lacks the technical data needed to acquire these items competitively and the rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. Green, Tweed & Co., Inc. is the only source known to possess the complete technical data for these items. As such Green, Tweed & Co., Inc. (5F573) is the only source approved by the design control activity as 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.

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.

The use of the authority cited below:

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

The use of the authority cited is based on:

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. (CLIN 0001).

AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data.

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. (CLIN 0002).

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

a. The acquisition will be synopsized on or about March 7, 2022, and it will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

SOLICITATION: SPE7LX-22-R-0033

DLA Land & Maritime Justification for Other Than Full & Open Competition

b. A Sources Sought notice was posted December 2nd, 2021, on Beta.SAM.GOV for 15 calendar days to find potential sources for these NSNs and no responses were received from companies interested to be manufacturers for these items.

c. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity

(ESA).

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

The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary. Buyer will also utilize PPI Data. PPI Data 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. The buyer anticipates receiving more than one offer, and adequate price competition between dealers is expected to exist at time of evaluation of offers. Certified Cost and Pricing Data is not required as the contract maximum is below the required threshold. 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:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during: 9/15/2021 – 2/15/2022.

Names of vendors contacted: 4.

1. JGLIS, Inc. (1N8T8).

2. Greene, Tweed & Co. (5F573).

3. Seal Dynamics LLC (5N582).

4. Atlantic Diving Supply (12516).

Total number and names of vendors that responded to market survey: 1.

1. Seal Dynamics LLC (5N582).

Techniques used to conduct survey: emails, phone, Beta. Sam. Gov, Market Survey Questionnaire, GSA Library and GSA Advantage part number searches.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

A follow-up emails was sent to the companies that did not respond to the market survey and no responses were received.

Summary of information received: The Demand/Supply Chain Analyst attempted to conduct market research with the companies listed above to assess their interest and capability to perform and one company indicated an interest which were: Seal Dynamics LLC (5N582).

SOLICITATION: SPE7LX-22-R-0033

DLA Land & Maritime Justification for Other Than Full & Open Competition

Company Name

CAGE

CODE

Business

Size

KTR

Interested in an LTC

Base Years w/ Annual

Price Adjustments

KTR PREFERS

A FIRM FIXED

PRICE

CONTRACT

KTR WILL

PROVIDE COST &

PRICING DATA IF

REQUIRED

Commercial

Items

JGLIS, Inc. 1N8T8 Small Not Interested - - - - Green, Tweed & Co. 5F573 Large No - - - -

Seal Dynamics 5N582 Large Yes Yes Atlantic Diving Supply 12516 Small No Response - - - -

Greene, Tweed (5F573) Large Business and Mfg. has appointed Seal Dynamics (5N582) Large Business, as its Exclusive Worldwide Distributor – Commercial and Military Aftermarket

Commercial Determination: Per FAR 2.101 (b) the items in this solicitation has been determined to be non-commercial. The following factors that have led to these conclusions are:

A search of the internet was done and there is no evidence that they have been sold to other than the military.

Items are not commercially price listed.

Seal Dynamics indicated that items are not commercial.

There are no known commercial applications. These items are used on Stratolifter C/KC-135 Aircraft, Black Hawk UH-60A, UH-60L, HH/UH-60M, UH-60V Helicopters, and other weapon system platforms.

NSNs are not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of these items is to sustain numerous critical weapon system platforms and their supporting equipment. As such, these items have strict configuration and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The GSA Schedule was checked for both NSNs, and no information was found.

Therefore, it is the determination of the contracting officer that these items are not commercial and FAR Part 15 will be applied to the solicitation.

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

a. Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

b. A technical review was completed by the / Quality Assurance Specialist for FLDB-LTC.

The subject NSNs have been identified as sole/limited source items. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: Seal Dynamics (5N582) was the only companies that responded to the market survey and expressed an interest in the acquisition. As such, Seal Dynamics will be in the solicitation mailing list.

SOLICITATION: SPE7LX-22-R-0033

DLA Land & Maritime Justification for Other Than Full & Open Competition

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

12. The Contracting Officer searched for the previous award listed in the contract history at Record Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304. For CLIN 0001, was not able to locate a Justification as all buys were below the Simplified Acquisition Threshold. Therefore, J&A were not required. For CLIN 0002, was able to locate a Justification in Record Management for contract# SPE5EY14D0563.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

Contracting Officer

Attachment(s):

1. Previous J&A for CLIN 0002.

2. Tech Certificate.

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] $750,000 to $15,000,000 Competition Advocate

CARABALLO.EDWIN.12

53443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2022.03.02 07:16:18 -05'00'

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.03.17 08:02:56 -04'00'