JA REDACTED.pdf

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

(MAY 2018)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L322R0015

[ 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 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 QUANTITY EST. VALUE AMSC

ACTUATOR, MECHANICAL

NONAIRCRAFT

3040-01-643-7376 125 3D

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

This item is a mechanical power-transmitting device, not for aircraft application, designed to create controlled force in the form of linear or rotational movement.. This Actuator is used by the Department of the Army. Item is used on the Howitzer.

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:

PARKER-HANNIFIN CORPORATION 05448 P/N 648064

The use of the authority cited below:

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

[ 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.

Per the Approved Manufacturer Parts List available for this NSN, only PARKER-HANNIFIN CORPORATION (05448) is identified by the Government as having the complete technical data set to supply this NSN to DLA and the using military service. As such, acquisition from the currently approved source is required. Product Specialist, , conducted the last technical review of this item on February 23, 2022. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3D was verified as correct. Currently, there are no 339's generated to the ESA for this material. Based on technical review, only the approved source has the technical data to successfully manufacture this item for the Government and using military service. (SEE

ATTACHMENT #1)

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

[ x ] A sources sought was posted to Sam.Gov between November 18, 2021 – November 24, 2021 with a market research request form attached, but no responses were received to date.

[ x ] The acquisition will be synopsized on or about February 24, 2022 for 15 days prior to the solicitation opening.

[ x ] At the completion of the synopsis period, the Request for Proposal will be posted on DIBBS for a period of 30 days to allow any offeror the opportunity to submit a Proposal for the product of PARKER-HANNIFIN

CORPORATION 05448 P/N 648064.

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

Past procurement history will be reviewed, and a PPI price analysis will be performed. Other than cost and pricing data may be requested and analyzed. Additionally, discussions may be held with offerors, if needed, to determine price fair and reasonable.

This is a definite quantity firm fixed price contract for a total quantity of 125 EA.

Multiple/Split awards will not be considered, as this item is being procured on an All or None basis.

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. 2304(f)(3)(D)]:

[ x ] A market survey was conducted on/during 11/03/2021 – 02/10/2022.

Total number of vendors contacted: 5.

Names of vendors contacted:

CAGE 3B905 – EAGLE EQUIPMENT CORPORATION

CAGE 53R17 - TRIAD TECHNOLOGIES, LLC

CAGE 0VW10 - AM-MAC INCORPORATED

CAGE 05448 - PARKER-HANNIFIN CORPORATION

CAGE 076M6 – BAE SYSTEMS LAND & ARMAMENTS L.P.

CAGE 22841 – SCOTT INDUSTRIAL SYSTEMS,

Techniques used to conduct survey: email

Types of information requested:

Size of business, type of business, commerciality, price listed/stock inventory status, willingness to offer proposal, delivery schedule, quantity sensitivity, Inspection/Acceptance points, and hazardous materials.

Previous history for this item shows several procurements in the past two years for quantities ranging 1 – 9 EA with unit prices rising from $14,673.00 - $14,918.95 EA. Awards were issued to the dealers of the approved source

CAGE 05448.

Commercial Determination:

Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. General public is interpreted as individuals using such parts in a non-governmental or military capacity.

The SAP COTS status is blank status, No results were found on the GSA Advantage site.

Product Specialist indicated the Government does not own any data to this ACTUATOR, MECHANICAL

NONAIRCRAFT.

Approved source, CAGE 05448 indicated the item is commercial. The Contracting Officer requested commerciality review of this actuator by the DLA Land and Maritime Pricing Office. A report was received from the Pricing Office indicating this NSN was determined non-commercial by DCMA in January of 2021.

Therefore, the Contracting Officer determines this item to be non-commercial. The Government is not utilizing FAR Part 12 procedures. The solicitation shall be issued pursuant to FAR Part 15 procedures.

Synopsis will state that based upon market research, the Government is not using the policies contained in FAR Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

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: (If none, so state)

CAGE 22841 – SCOTT INDUSTRIAL SYSTEMS

CAGE 3B905 – EAGLE EQUIPMENT CORPORATION

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

The solicitation contains the PROC NOTES L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items.

12. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. However, all previous procurements were procured under the Simplified Acquisition Threshold and a J&A is not required under this threshold.

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

Contracting Officer Date

Competition Advocate Date

APPROVAL REQUIREMENTS

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

ATTACHMENTS:

1. PRODUCT SPECIALIST DATA CERTIFICATION

COOK.MINDY.

M.1410011669

Digitally signed by

COOK.MINDY.M.1410011669

Date: 2022.02.24 13:51:54 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.02.24 15:30:56 -05'00'