J and A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L4-21-R-0013

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 on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN

ANNUAL

DEMAND

QTY

ESTIMATED ANNUAL

VALUE

AMC

AMSC

BOTTOM SHELL GASKET 5330-01-506-3654 1573 3/D

ESTIMATES: 3 YEAR (BASE) ESTIMATED VALUE:

5 YEAR (TOTAL) ESTIMATED VALUE:

End item(s), weapon system(s), or class of item(s):

This material is used on the F15 AIRCRAFT

Estimated value and contract duration:

The proposed action is for the solicitation and award of a 5-year, Firm-Fixed-Price, Indefinite Delivery

Contract (IDC). The 5-year period is inclusive of a 3-year base period and a separately priced 2-year option period. The estimated annual value is The three-year base period estimated value is and the 3-year base period plus the two option years’ estimated value is The maximum value for each NSN was determined by multiplying the ADQ, the Mean Acquisition Unit Cost (MAUC), number of contract years (5). The maximum contract value after these calculations is

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. There is one approved source of supply, HDT Expeditionary Systems, Inc. (92878).

WebFlis database was researched to determine all approved sources and part numbers. The only known and approved source is listed above.

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

HDT Expeditionary Systems, Inc. (92878) P/N 5000-30034

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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.

Product Specialist, Patrick McNamara, FLBD, confirmed the following on March 3, 2021:

5330-01-506-3654 This item is an AMC/AMSC of 3/D. Hydraulics International is the only sources that possess the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data. There are not currently 339’s out to the ESA. This item is not critical and is not a critical safety item.

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

The acquisition will be synopsized on FBO 15 days prior to the solicitations opening date and will be available on Fed Biz Ops while the solicitation is open instructing bidders where to find the solicitation which will be open 30 days via the DLA Internet Bid Board System (DIBBS).

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

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’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable.

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:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. The past procurements were awarded to Windward Enterprises, approved dealer of HDT Expeditionary Systems, the manufacturer of record and the sole source of supply of this item. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research was conducted to assist with determining the commerciality of this item. DLA Land and Maritime’s Product Specialist indicated this was not a commercial item. A review of the DLA Product Master Classification does not show this item as commercial. The item is only available from the approved source as identified above. Searches on the internet yielded no useful information on the P/N or pricing information and also did not identify any additional manufacturing sources. After complete review of the evidence, including market research, previous procurements, and indication by the OEM, the contracting officer has made the determination that the NSN on this solicitation is non-commercial and will be solicited under FAR Part 15.

A sources sought notice was posted on FedBizOpps from 11/17/2020 to 11/24/2020. No responses were received.

Market Survey [10 U.S.C. 2304(f)(3)(D)] A market survey was conducted on: November 2020

Techniques used to conduct survey: FedBizOpps.gov, e-mail correspondence and Records Management, various internet queries.

Types of information requested: Product availability, business size, manufacturer or dealer, commerciality, estimated delivery.

Total number of vendors contacted: 7

Names of vendors and summary of information from responses:

o HDT Hereditary Systems (92878)

Large Business – Manufacturer Referred their authorized dealer, Windward Enterprises (0UKB6) o Windward Enterprises (0UKB6) Small Business – Dealer Item is not commercial Delivery order minimum is 70 150 days o IG Transport UG (CL234) IG Transport did not provide a response to the market survey request.

o GT Contracting LLC (6WE65) GT Contracting did not provide a response to the market survey request.

o FED Defense LLC (76HX9) FED Defense did not provide a response to the market survey request.

o Detech LLC (7NRA5) Detech, LLC did not provide a response to the market survey request.

o Aeronal Corp (7HWT4) Aeronal Corp did not provide a response to the market survey request.

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

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:

Windward Enterprises

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

The Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06

Evaluation of Offers for Part Numbered Items

12. Previous justification for other than full and open competition is attached:

Procurement history show only under SAT buys and J&A’s were not required.

APPROVAL/CERTIFICATION

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

John Tubbs– CONTRACTING OFFICER

APPROVAL REQUIREMENTS

Contracting Officer [ ] Up to $750,000

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

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2021.03.29 11:23:41 -04'00'