JA REDACTED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0113

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ 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/P/N QUANTITY EST. VALUE AMSC

FILTER CANISTER, SEPARATOR 4330-01-062-3836/

640269 & MSC-

403215

2,649 Z

FILTER ELEMENT, FLUID 4330-01-482-7907/

SM100-36FF-5

377 D

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

NSN WEAPON SYSTEM

4330-01-062-3836 TRAILER, SEMI, TANK; 5000 GAL, BULK

4330-01-482-7907 FUEL DISPENSING SYSTEM, TACT AIRFLD

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE

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:

NSN VENDOR PART NUMBER

4330-01-062-3836 FACET (OKLAHOMA) LLC DBA (87405)

640269

FILTER-FAB CORPORATION DBA (56NK5)

MSC-403215

4330-01-482-7907

FACET (OKLAHOMA) LLC DBA (87405) SM100-36FF-5

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 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.

[ X ] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (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).

[ X ] Other: The Quality Assurance Specialist of record reviewed the AMC/AMSC coding and source information. The Quality Assurance Specialist verified it was complete and accurate 18, on March 2020. On June 1, 2020, the Quality Assurance Specialist confirmed that the approved sources are correct. All means to obtain a technical data package adequate for manufacture of the item have been exhausted.

Facet (Oklahoma) LLC is uniquely qualified to manufacture NSN 4330-01-482-7907 because it is the only known source with the data or rights to the data necessary to manufacture the item. Facet (Oklahoma) LLC and Filter-Fab Corporation has material available for NSN 4330-01-062-3836, the Government knows of no other sources, nor is technical data available.

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

[ X ] The acquisition will be synopsized on or about June 12, 2020 for 15 days prior to the solicitation opening.

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).

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

Certified Cost or Pricing Data in accordance with FAR 15.403-4 will not be required as the total dollar value is below the requirement threshold. The offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness. Negotiations will address the individual cost elements. A price analysis will also be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. 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:

Describe the market research conducted and the responses.

A sources sought was conducted on Beta Sam from 4 May 2020 through 11 May 2020, there were no responses Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] Market surveys were emailed to the following companies: Filter Mart and Facet (Oklahoma) LLC on 24 February 2020. Filter Mart did not respond to this survey.

Total number of vendors contacted: 2.

Names of vendors contacted and responding: Facet (Oklahoma) LLC Techniques used to conduct survey: Contacted by email and the market survey forms emailed. Types of information requested: Business size, ability to provide a proposal, ability to meet technical, packaging, shipping and delivery requirements, and willingness to provide cost and pricing data if necessary. Summary of information received:

Facet (Oklahoma) LLC. of Facet provided the following responses to the Market Survey. Facet is a large business. They are interested in pursuing a Long Term Contract with a for the items.

They indicated that these items are commercial.

Information received regarding the commerciality of the item(s): In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Part 212.102(a)(ii)(A), the Contracting Officer presumes that these items that were determined to be commercial under SPE7MX-15-R-0069, shall serve as a determination for this procurement.

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: Facet (Oklahoma) LLC. (87405).

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

[ 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. The prior J&A for SPE7MX-15-R-069 is attached.

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.06.04 07:07:22 -04'00'

HARRIS.ROBERT.T.1

283673070

Digitally signed by

HARRIS.ROBERT.T.1283673070

Date: 2020.06.03 12:50:13 -04'00'

[X ] $700,000 to $13,500,000 Competition Advocate