JA CL21131001 SPE7LX22RX053.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX22RX053

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104

Controlled by: DLA Land and Maritime Controlled by: SAPD

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

POC: Krista.Krauss@dla mil

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

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104

[ X ] 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:

BRIEF DESCRIPTION NSN

ANNUAL

DEMAND

QUANTITY

EST. VALUE

(1-YR BASE)

3-YR EST. VALUE

(BASE + OPTION

YEARS)

AMSC

Creeper, Mechanic’s 4910-01-394-9665 133 $ 3Z Work Stool 4910-01-395-4251 453 3Z

The Government intends to pursue a long term, FAR Part 13.5 Commercial SIDC (Simplified Indefinite Delivery Contract). Based on market research, the contract will be structured with a 1-year base period, with two 1-year option periods.

Identify end item, weapon system, or class of item:

The end items for the Mechanic’s Creeper are shown below:

The end items for the Work Stool are shown below:

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104

SOLICITATION SPE7LX22RX053

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

ESTIMATED BASE VALUE (both NIINs)

ESTIMATED TOTAL VALUE (BASE + OPTIONS for both NIINs)

MAXIMUM CONTRACT VALUE (both NIINs)

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.

Brief narrative supporting the situation and weapon systems:

The product specialist reviewed the items prior to acquisition and determined only 1 source approved to manufacture these items. Only the approved source possesses the complete technical data for the items listed. They are the only source uniquely qualified to manufacture these items; therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C 2304(c)(1), as implemented by FAR 6.302.

On October 12, 2021, Jeffrey Schmidt, Product Specialist, certified that the items have been reviewed and the AMC/AMSC code is correct and the items are good for an LTC inclusion. See Attachment #2 Tech Review and Attachment #3 Tech Cert CL21133002.

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

CLIN 0001 NSN 4910-01-394-9665 CAGE 0ARA2 Eidos Corporation part number 107 CLIN 0002 NSN 4910-01-395-4251 CAGE 0ARA2 Eidos Corporation part number 106

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 Z.

This is a Commercial/non-developmental (off-the-shelf item). When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition, and a J&A is not necessary.

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

[ X ] The acquisition specialist will issue a combined synopsis and solicitation on or about October 19th, 2022.

[ X ] Dealers of the manufacturers will be solicited.

[ X ] Referral to product specialist on October 14th, 2022 for consideration of Brand Name or Equal (BNOE) in order to increase competition.

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

Market research has revealed the probability that 2 or more small businesses are expected to provide the Eidos items. The procurement is being conducted under FAR 13.5 commercial procedures, therefore per FAR 15.403- 1(b)(3) certified cost or pricing data is not required. Other than Cost or Price Data may be requested. A price

SOLICITATION SPE7LX22RX053

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

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104 analysis will be conducted, utilizing the Produce Price Index (PPI) and learning curves. A comparison to past award prices will also be performed in the determination of a fair and reasonable price.

The NSN will be solicited with four quantity ranges, firm-fixed pricing and allow for escalation in prices for years 2 and 3 of the LTC.

8. Market Research/Efforts to Obtain Competition:

Internet & GSA searches were conducted. The acquisition specialist (AS) reviewed procurement history for contractors that offered and contracted items in the past. Additionally, market survey and a sources sought posting were done.

Describe the market research conducted and the results.

A sources sought was issued on FedBizOpps on 8/30/22, and closing on 9/09/22, by the AS. No sources responded to sources sought posting.

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

[ X ] A market survey was conducted on/during August 8, 2022.

Total number of vendors contacted: 6 Names of vendors contacted and responding:

Eidos Corporation (0ARA2) – Received Kampi Components (7Z016) – Received Aurum Aquila Inc. (6USY7) – No response JGB Defense (61125) – No response Pioneer Industries (66200) – No response R & M Government Services, Inc. (6FN58) – Received

Techniques used to conduct survey:

Contractors were identified using procurement history and market surveys were sent by email with follow-up phone calls and/or emails as needed to clarify information provided.

Types of information requested:

Interest in supporting potential LTC, ideal number of base and option years, quantity price breaks, commerciality, estimated delivery and any known challenges with ability to provide items for potential long-term contract.

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

The AS conducted a search on the GSA website, checked the commercial determination codes for the NSN in SAP and inquired about commerciality as a part of the market survey. The AS found the Eidos items with model numbers in GSA listings and for sale on the Eidos website. The pricing analyst also found the items listed on the GSA schedule. The item was noted as commercial in the SAP records for the NSN and the contractor response to the Market Survey indicated the item as commercial as well. In summary, the Contracting Officer determined this item to be Commercial Off the Shelf (See Attachment #3 MRCICDM CL21131001.)

Small business manufacturer Eidos responded and provided the following information:

SOLICITATION SPE7LX22RX053

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

CUI - SOURCE SELECTION INFORMATION – I/A/W FAR 2.101 and 3.104

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

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

Attachment(s):

1) Tech Review CL21131001

2) Tech Cert CL21133002

3) MRCICDM CL21131001

BENNETT.JANE.L.13

80799355

Digitally signed by

BENNETT.JANE.L.1380799355

Date: 2022.10.17 14:36:24 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.10.19 07:33:33 -04'00'