JA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-21-R-0015

PR: 0088039048

NSN: 4320-00-631-4859

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

(April 2014) For Official Use Only Source Selection Information – See FAR 2.101 & 3.104

ORIGINAL

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. This is a one-time, single NSN, firm fixed priced, large buy contract acquisition.

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Pump Unit, Rotary 4320-00-631-4859 30 P

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

According to the tech on May 6, 2021 and May 13, 2021, this item is listed as supporting the following Weapon Systems:

WSDC – 06F C-120 Aircraft

This NSN, according to the Item Description, is a Pump Unit, Rotary. The product specialist describes this item as a refuel rotary pump.

This item is a Critical Application item and a Critical Safety (CSI) item.

ESTIMATED BASE VALUE: (no options)

ESTIMATED TOTAL VALUE (BASE + OPTIONS): N/A

MAXIMUM CONTRACT VALUE AT CURRENT QUANTITY (

MAXIMUM CONTRACT VALUE AT HIGHEST PRICE BREAK (50):

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.

The Government requires spare parts that are form, fit, and functionally interchangeable with those currently used on the supported weapon system.

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

Approved sources of supply:

Meggitt (North Hollywood), Inc. (79318) P/N: 115715 Ontic Engineering and Manufacturing (45934) P/N: 123488-010-01 Hydro-Aire, Inc. (81982) P/N: 60-551

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

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

[X] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on May 6, 2021. The Product Specialist stated that the AMC/AMSC is a 1P is correct.

According to the Product Specialist, there are no drawings available, no known drawings or who owns the rights to the drawings. As such, only the approved sources of supply, Meggitt (North Hollywood), Inc. (79318), Ontic Engineering and Manufacturing (45934), and Hydro-Aire, Inc.

(81982) have been identified by the Government as having the rights and access to the data necessary to manufacture and to supply this NSN to DLA and the using military service. NSN 4320-00-631-4859 is designated as a critical safety item and its weapon system indicator code is F (failure will render the end item inoperable and could result in loss of life). As such, acquisition from the currently approved sources is required to maintain the quality of the part.

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

(X) A Sources Sought notice was posted to the Federal Business Opportunities (FBO) by the buyer on March 1, 2021 with a return response deadline of March 8, 2021.

(X) The acquisition was synopsized on May 17, 2021. The synopsis will be posted for at least fifteen days before the solicitation is posted out to DIBBs. The solicitation will be posted out to DIBBS for 30 days.

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

Certified cost or pricing date will not be required because the current estimated contract price is not above the price threshold of $2 Million (FAR 15.403-4 and 10 U.S.C. 2306(a)). 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 does not plan on going through the DLA Land and Maritime pricing office for assistance.

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

An option quantity will not be used for this procurement.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: Market Research surveys were sent by the previous buyer by e-mail on March 1, 2021 to approved source of supply, Meggitt (79318), dealer, IPT (4KOV2), and dealer, Jamaica Bearings (04836). IPT (4KOV2) was non-responsive to the previous buyer’s request for their completion of the market research survey sent to them via e-mail. On June 1, 2021, the current buyer of record placed a telephone call to the POC of Meggitt (79318), to inquire about the previous buyer’s market research survey sent to them on 03/01/2021. However, Meggitt did not respond back from the voicemail left for them.

On June 1, 2021, the current buyer of record sent market research surveys to approved sources of supply, Ontic (45934) POC: via e-mail and did not receive a reply back from Ontic. On June 1, 2021, the current buyer of record also sent out a market research survey to POCs: of approved source of supply, Hydro-Aire, Inc.

(81982). On June 1, 2021, POC: replied back that they were not interested in providing this item or completing a market research survey for DLA at this time.

On A Sources Sought notice was posted to the Federal Business Opportunities (FBO) by the buyer on March 1, 2021 with a return deadline of March 8, 2021. No responses were received back from the Sources Sought Notice posted to FBO.

Total number of vendors contacted: 5.

Names of vendors contacted and responding: 1. On March 2, 2021, of Jamaica Bearings (04836) responded back via e-mail with a completed market research survey.

Techniques used to conduct survey:

1. The market surveys were sent via e-mail by the previous and current buyers.

2. Sources Sought- DAG 10.002-102(C)(vii): The buyer published a “sources sought” notice in the FedBizOpps on March 1, 2021 with a return deadline of March 8, 2021. No responses were received back from the Sources Sought Notice posted to FBO.

3. Types of information requested: Business size, manufacturer or dealer, are these commercial items, are these catalog/price listed items, inventory availability, willingness to quote, economical production quantities available delivery schedule, and willingness to accept quantity option.

Summary of information received:

Market Research surveys were sent out by the previous buyer by e-mail on March 1, 2021 with a suggested deadline of March 8, 2021. The surveys were sent to approved source of supply, Meggitt (79318), dealer, IPT (4KOV2) and dealer, Jamaica Bearings (04836). IPT (KOV2) was non-responsive to the previous buyer’s request for their completion of the market research survey sent to them. The current buyer’s prior experience with IPT (KOV2) is that IPT does not usually complete the market research survey sent to them as they normally forward the survey on

For Official Use Only Source Selection Information – See FAR 2.101 & 3.104 for completion to the approved source of supply that they would be providing if interested in the large buy. On March 2, 2021, of Jamaica Bearings (04836) responded back via e-mail with their completed market research survey. stated that Jamaica Bearings (04836) is interested in supplying this item to the Government for the current buy. went on to say that Jamaica Bearings (04836) is an authorized dealer of approved source, Meggitt (79318) and would be quoting Meggitt (79318)’s part number). went on to say that Jamaica Bearings is a small business concern made up of about 150 employees, they do not have a parent company, this item is not cataloged or price listed, that this item is not a commercial item, their they have an active SAM registration, they have active current federal contracts and/or grants in excess of $10,000,000.00, they are a small business concern so a subcontracting plan, if required, in the completed market research survey that Meggitt (79318) is a large business concern with appropriately 7,200 employees.

Market Research surveys were sent out via e-mail on June 1, 2021 with a deadline of June 7, 2021 by the current buyer of record to approved sources of supply, Ontic (45934) and Hydro- Aire, Inc. (81982). A call was placed on 06/01/2021 by the current buyer of record to approved source of supply, Meggitt (79318) inquiring on the market research survey previously sent to them by the previous buyer to Meggitt. Meggitt and Ontic were non-responsive. However, responded back to the current buyer also on June 1, 2021 and stated that Hydro- Aire, Inc. (81982) had not seen this previously and that her research indicated that the Government has a long history of procuring this part from other companies besides Hydro-Aire.

It would be cost prohibitive for them to consider restarting production on this product when others have much more recent build history. Hydro-Aire stated that they will regretfully not participate in this one.

In the only returned completed market research survey received by Jamaica Bearings (04836), the contractor identifies this item as not being a commercial item. The current buyer of record conducted additional market research via the web (Google, Amazon, eBay, ILSmart) and did not locate any information that would indicate that this item could be purchased as a commercial item to the general public. As such, the buyer’s documentation was forwarded to the Contracting Officer for review and a determination was made by the Contracting Officer that this item is not a commercial item and that the item will be solicited in accordance with FAR Part 15.

A Sources Sought notice was posted to the FBO by the buyer on March 1, 2021 with a return deadline of March 8, 2021. No responses were received back from the Sources Sought Notice posted to FBO.

For Official Use Only Source Selection Information – See FAR 2.101 & 3.104

9. 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: 1 – Authorized dealer, Jamaica Bearings (04836) in their returned completed market research survey expressed interest in supply this item to DLA, offering the product of one of the approved sources of supply for this item, Meggitt (79318).

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

(X) The solicitation contains Procurement Notes L04, Offers for Part Number Items (September 2016) and M06, Evaluation of Offers for Part Numbered Items (September 2016), which provides the process for offering an item other than those identified in the item description.

A previous J&A on this item was located in Records Management for this item and was placed in the e-contract file for this buy.

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 $750,000.00 this signature serves as the approval.

__________________________________________ 614-692-1067 ______ Contracting Officer Phone Date

____ Brian S. Maxwell_________ Typed name of Contracting Officer.

Attachments: Technical Referral Reply Procurement History Screens Previous Buy J&A memo

MAXWELL.BRIAN.ST

EPHEN.1230183828

Digitally signed by

MAXWELL.BRIAN.STEPHEN.1230183828

Date: 2021.06.08 14:01:45 -04'00'