JA 24R0013 COMPAD signed (CUI)_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M8-24-R-0013

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC 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, 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.

The Contract Specialist verified the AMC/AMSC for this procurement with the Product Specialist on May 7, 2024.

The Product Specialist certified that the technical information, including the AMC/AMSC coding of 3/C and approved sources, are complete and accurate. The AMC/AMSC was changed from a 1/C to 3/C as there are no other sources available. Drawing 9129-0202 is available to the Government, however a detailed drawing is not available. KBR Wyle Services owns the drawings and the rights. KBR Wyle Services, LLC (3ZUK0) part number 9129-0202-10 remains the only approved source for this procurement at this time, and they are the only source known to possess the requisite data to manufacture this item.

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

[X] A Sources Sought notice was posted to SAM.gov on May 9, 2024. The Sources Sought notice had a response date of May 16, 2024.

[X] The acquisition was synopsized on May 22, 2024. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

No inquiries regarding the sources sought notice or the synopsis posting have been received as of 5/29/2024.

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

Certified Cost or Pricing Data will not be required because the current estimated contract price is under the price threshold of $2,000,000 (FAR 15.403-4 and 10 U.S.C. 3702(a)(1)(A)). As the estimated price is close to the $2,000,000 threshold, the Certified Cost or Data clauses will be included in the solicitation. Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis.

The acquisition specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary.

Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative. An option

SOLICITATION SPE7M8-24-R-0013

DLA Land & Maritime Justification for Other Than Full & Open Competition quantity will not be used for this procurement. 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. 3204(e)(2)(D)]:

[X] A market survey was conducted on/during: May 9, 2024.

Total number of vendors contacted: 1. The vendor contacted was: KBR Wyle Services, LLC (3ZUK0).

KBR Wyle Services, LLC was contacted as they are the sole approved source for this NSN.

Names of vendors contacted and responding: from KBR Wyle Services, LLC (3ZUK0) was contacted on May 9, 2024. As of May 29, 2024, no response has been received from anyone at KBR Wyle Services.

Techniques used to conduct survey: 1. The market survey was sent via email. 2. Sources Sought: Published the sources sought notice to SAM.gov on May 9, 2024. A copy of the market survey was also attached to the sources sought notice.

Types of information requested: Business size, manufacturer or dealer, are these commercial items, are these catalog/price listed items, are these items on a GSA Schedule, inventory availability, willingness to quote, economical production quantities available, and estimated delivery schedule.

Summary of information received:

No information was received. The contractor will be contacted again when the solicitation is issued.

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

KBR Wyle Services did not respond to the market survey request. The Commercial Off-the-Shelf (COTS) field in the CTDF is “blank” and there is no commercial sales history. No evidence is available that shows this NSN is in fact a commercial item. Based on this information, the Contracting Officer has determined that this item is not a commercial item.

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

[X] Based upon the attached technical certification, 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: None.

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

SOLICITATION SPE7M8-24-R-0013

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. This is the first time buy of this NSN, so there was no prior J&A available to attach IAW DFARS PGI 206.303-2(b)(i)(B).

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 Signature Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

Attachment(s):

1. Technical Referral Response/Certification

MAXWELL.BRIAN.STE

PHEN.1230183828

Digitally signed by

MAXWELL.BRIAN.STEPHEN.1230183828

Date: 2024.05.29 12:50:05 -04'00' 5/29/2024

WIEBUSCH.JAMIE.125

1897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.06.18 11:54:58 -04'00' 6/18/2024