J and A Redacted.pdf

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION SOLICITATION

ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

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

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

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

Identify end item, weapon system, or class of item: 0AN, 0CN, 17M, 18M, 1DM, 1RN, 37F, 39A, 3OM, C7N, CLA, G2A, G4A, GDA, HNM, KMA, M8A, MBA, MQA, MRA, MUA, MYA, MZA, SFJ, and XEA.

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:

Caterpillar Inc. DBA Caterpillar (CAGE 11083) P/N 161-1703 is the only known sources for this item.

The use of the authority cited is based on:

Product Specialist confirmed on February 13, 2020 the AMC/AMSC coding of 3/D is correct for this item (see attachment #1);

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

(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.

BRIEF DESCRIPTION NSN

ANNUAL

DEMAND

QTY

ESTIMATED

ANNUAL VALUE

AMC /

AMSC

Sensor, Manifold Absolute Pressure 2990-01-525- 3910 677 3 / D

ESTIMATES:

3 YEAR (BASE) ESTIMATED VALUE:

5 YEAR (TOTAL) ESTIMATED VALUE:

MAXIMUM CONTRACT VALUE:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION SOLICITATION

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Caterpillar Inc. DBA Caterpillar (CAGE 11083) is uniquely qualified to manufacture this item because it is the only owner of the technical data at this time. Per the Product Specialist NSN 2990-01-525-3910 is a commercial pressure sensor that uses capacitance or strain gage based technology that generates an output signal (Analog or PWM) that is proportional to the applied pressure, and the sensors are available with a variety of electrical connectors and process connection types (see attachment #2).

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

(X) The procurement will be synopsized prior to solicitation issuance.

(X) Dealers of the manufacturer will be solicited.

Additionally, in an attempt to overcome the barriers to competition, the buyer requested salient features from Tech/Quality for the purpose of breakout under a Brand Name or Equal Specification for these items. Complete salient characteristics were not available at this time. The product specialist responded stating this was determined critical by the services with no specific reasons given. It is recommended to restrict to the current approved source CAGE 11083 P/N 161-1703. The buyer has requested the product specialist to initiate a 339 for coordination with the ESA and VE to evaluate for BNOE.

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted on BetaSam.gov, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for NSN 2990-01-525-3910. The Sources Sought Notice was posted on 2/12/20, with a response date of 2/19/20. One response was received from Monmouth Marine Engines, Inc. (CAGE 48CG9) stating they are a dealer of the approved source (CAGE 11083), and stated they are not interested in quoting an indefinite delivery contract because as a dealer they are unable to control costs.

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

A market survey was conducted on/during 11/6/19-11/14/19 Total number of vendors contacted: 1 Names of vendors contacted and responding: Ohio Machinery Co. DBA Ohio CAT (CAGE 1Z458) Techniques used to conduct survey: Emailed survey form to Approved Source.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

Types of information requested: Business size, delivery, commerciality, hazardous material, FOB, Inspection, minimum quantity, available cost and pricing data.

Summary of information received: Market surveys were received from Ohio Machinery Co. DBA Ohio CAT (CAGE 1Z458) stating they are interested in quoting.

Information received regarding the commerciality of the item(s): The proposed action is for the solicitation and award of a 5 year, Firm-Fixed-Price, Indefinite Delivery Contract (IDC) using FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items. Market research indicates that the approved source (CAGE 11083) has a network of dealers for DLA. One of their dealers is Ohio Machinery Co. DBA Ohio CAT (CAGE 1Z458). Ohio CAT stated on their market survey, the exact item is sold commercially, they are interested in quoting a

Ohio CAT provided commercial invoices (see attachment #3). The approved source (CAGE 11083) also stated the exact item is sold in the commercial marketplace (see attachment #4). The FLSC2 Contract Specialist also found the approved P/N (161-1703) listed on www.cat.com for sale (see attachment #5). Based on the market research conducted, the contracting officer has determined that the item(s) to be solicited against subject solicitation are commercially available off-the-shelf (COTS) item in accordance with subsection (1) means any item of supply (including construction material) that is–

(i) A commercial item (as defined in paragraph (1) of the definition in this section)

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace

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 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: Caterpillar Inc. DBA Caterpillar (CAGE 11083) and Ohio Machinery Co. DBA Ohio CAT (CAGE 1Z458)

Land and Maritime PROC Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items will be included in the solicitation.

Per PGI 206.304 (a)(1), the requirement states that “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.” The previous awards J&A was approved on 3/4/14 (see attachment #6).

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION SOLICITATION

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

NSN 2990-01-525-3910

11. Attachments

1. Referral from Product Specialist

2. Email from the Product Specialist dated 12/17/19

3. Ohio CAT commercial invoices

4. Email from Caterpillar dated 1/27/20

5. Caterpillar Online Commercial Price Listing

6. Previous awards J&A

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

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.

John D. Tubbs Date

Contracting Officer

Mary E. Shearer Date Competition Advocate

APPROVAL REQUIREMENTS

(X) Up to $700,000.00 Contracting Officer

(X) $700,000.00 to $13,500,000 Competition Advocate

TUBBS.JOHN.D.10760266

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2020.02.20 10:51:38 -05'00'

3/2/2020SHEARER.MARY.E.12

50702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.03.02 08:33:06 -05'00'