J and A.pdf

DEFENSE LOGISTICS AGENCY

LAND AND MARITIME

P.O. BOX 3990

COLUMBUS, OHIO 43218-3990

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0064

[X] 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.

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

National Stock Number (NSN)

Item Description

Acquisition Method Code

(AMC)

Acquisition Method Suffix Code (AMSC)

Estimated Annual Demand Value

(ADV)

Estimated Total Value Base Period Plus

Options (ADV * 5)

Contract Maximum (provided in data pull spreadsheet)

3040-01-149-6339

Adapter, Spline

C

The proposed action is for the solicitation and award of a five (5) year Firm Fixed Price (FFP) Indefinite Quantity Contract (IQC). The five (5) year period is inclusive of three (3) one (1) year base period and two (2) separately priced one (1) year option periods, to be exercised at the discretion of the Government. The one (1) year estimated base value is . The five (5) year total estimated value is The contract maximum is . See below for a listing of approved source and part number information for the NSN included in this acquisition.

Identify end item, weapon system, or class of item: This item, Adapter, Spline, support weapon system MRA

(AIRCRAFT, STRATOLIFTER C/KC-135).

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

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

The only approved source(s) for this item is Tillman Tool Company Inc. (61186) P/N 81-31300-01.

The use of the authority cited above:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

[X] AMC 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, FOR OFFICIAL USE ONLY

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.

Tillman Tool Company Inc. (61186) is the only entity known to possess the requisite technical data and/or rights to that data. Because Tillman Tool Company Inc. is the only source that possess rights or data for this item, it is the only source uniquely qualified to manufacture this item, therefore, this acquisition will be solicited for other than full and open competition under the authority of 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1.

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

On January 29, 2020, the Government posted a Sources Sought on beta.SAM.gov, which contained an attached market survey. Responses were requested by February 5, 2020. No additional sources responded to the notice.

The Government will solicit under the authority of FAR Part 15- Contracting by Negotiation. A synopsis posting to beta.SAM.gov occurred on February 7, 2020 and will run for a period of 15 days. The solicitation will open on or about February 24, 2020 on the DLA Internet Bid Board System (DIBBS).

The solicitation will provide that alternate offerors should submit a source approval request (SAR) package that will be forwarded to the engineering support activity (ESA). Additionally, the solicitation will include Procurement Note M06, which provides that offers of alternate product will not be evaluated for the contract action if the time proposed for award does not permit evaluation and delay of award would adversely affect the Government. If such alternate offers are not evaluated for this contract action, the request will be forwarded to the ESA for evaluation for technical acceptability for future procurements.

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

The proposed action will be for up to a five (5) year Firm Fixed Price Indefinite Quantity Contract. The five (5) year period is inclusive of a three (3) year base period and two (2) one (1) year options. Certified Cost and Pricing Data will not be required as the total value of this acquisition is below the $2 million threshold implemented by FAR Class Deviation 2018-O0015. Past Performance will be reviewed and price analysis will be performed. Procurement history is included as Attachment 1. Negotiations will be conducted if necessary to ensure reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable. Adequate price competition is not expected.

8. Market Research/Efforts to Obtain Competition:

Sources Sought Notice was posted to beta.Sam.gov, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for this item. The Sources Sought Notice was posted on January 29, 2020, with a response date of February 5, 2020. No response was received.

Market Survey [10 U.S.C. 2304(f) (3) (D)]:

[X] A market survey was conducted during September 18, 2019 to September 23, 2019 Total number of vendors contacted: two (2) vendors were contacted, Tillman Tool Company Inc. (61186) and Boeing Company (82918) Names of vendors contacted and responding: Tillman Tool Company Inc. (61186)

Techniques used to conduct survey: The market survey was conducted by e-mail.

Types of Information Requested: The market survey requested the vendor to provide information including business type, business size, interest in LTC and length of contract, commerciality of the item and supporting documentation, approximate price and delivery, inspection and packaging compliance, foreign or domestically manufactured, and ability to provide Certified Cost & Price data.

Summary of information received:

FOR OFFICIAL USE ONLY

The only response received was from Tillman Tool Company Inc. (61186) on September 23, 2020, which is included as Attachment 2. The vendor’s survey yielded the following information:

They are a small business manufacturer with a preference to do business with the government. They would agree to

They are the actual manufacturer of this item.

Information received regarding the commerciality of the item(s):

Tillman Tool Company Inc. stated that this item is not commercial. The buyer researched the material master, which indicated that this item is not commercial. A search of the approved part number on google yielded no results. Also, a search of the approved part number on GSA yielded no results as documented in Attachment 3. As this item does not meet the definition of a commercial item per FAR 2.101, it is determined to be non-commercial.

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

[X] Based upon the technical certification on file in DLA Land and Maritime – VEP the rights to use the technical data is not owned by the Government and cannot be purchased, developed, or otherwise obtained to permit full and open competition. The data presently available reflects the minimum needs of the Government.

A technical and quality review was initiated by the SAPD Strategic Souring Specialist during the project development stage for this acquisition. The Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified on December 31, 2019.

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

Tillman Tool Company Inc. (61186)

11. This item is subject to the following methods of locating additional sources:

[X] The solicitation contains the provision entitled Procurement Note M06, Evaluation of Offers for Part Numbered Items, and Procurement Note L04, Offers for Part Numbered Items.

[X] Other: A Sources Sought notice was posted to beta.SAM.gov on January 29, 2020, with a response date of February 5, 2020. No responses were received.

[X] Other: Solicitation was synopsized in beta.SAM.gov on February 7, 2020 and will be available in DIBBS on or around February 24, 2020.

The NSN included in this procurement has been purchased using Simplified Acquisition Procedures, Large Buys and Long Term Contracts. Previous J&A for Long Term Contract SPE7MX-15-D-0064 was found in Records Management and is included as Attachment 4.

FOR OFFICIAL USE ONLY

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. If not exceeding $700,000, this signature serves as the approval.

Xiomara Seda-Vargas Contracting Officer Date

Approval/Certification

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

Competition Advocate – Mary E. Shearer Phone Date

APPROVAL REQUIREMENTS

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

Attachments:

1. Attachment 1 – Procurement History

2. Attachment 2 – Market Research

3. Attachment 3 – GSA

4. Attachment 4 - Justification and Approval (J&A) for SPE7MX-15-D-0064

02/19/2020

614-692-3760 02/21/2020

SEDA

VARGAS.XIOMARA.1365269

Digitally signed by SEDA

VARGAS.XIOMARA.1365269900

Date: 2020.02.19 14:52:10 -05'00'

SHEARER.MARY.

E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.02.21 08:31:45 -05'00'