JA redacted.pdf

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2990-01-679-4209 MUFFLER, SPECIAL
Solicitation number
SPE7L125C0035
Issued by

About this file

This document is a Justification for Other Than Full and Open Competition (J&A) for Solicitation SPE7L0-24-R-0001 by the Defense Logistics Agency (DLA) Land & Maritime. The procurement involves a non-commercial item with only three approved sources: Derbyshire Machine & Tool Co., Globe Composite Solutions, LLC, and Electric Boat Corporation. The government does not possess the technical drawings or data to enable full and open competition, limiting the potential bidders.

The solicitation includes market research conducted through past procurement reviews, market surveys, and internet sources. A Sources Sought Notice was posted on SAM.gov for 9 days, and the acquisition will be synopsized on SAM.gov at least 15 days before solicitation issuance. The procurement will be posted on the DLA Internet Bid Board System (DIBBS) for 30 days. The Contracting Officer anticipates the cost will be fair and reasonable, with a price analysis to be conducted using historical pricing, Producer Price Index, and learning curve analysis. The estimated procurement is not expected to exceed the $2M threshold for obtaining cost data.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-24-R-0001

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

Product Specialist, certified the following on 9/20/2023:

Derbyshire Machine & Tool Co (71905), Globe Composite Solutions, LLC (82094) and Electric Boat Corporation (96169) are the only sources capable of making this item. The Government does not own or possess the data or drawings for full and open competition. The approved sources are the only source known to possess the required drawings. There are not currently any 339’s out to the Engineering Support Activity (ESA) and current information indicates that the item is not a commercial item. Technical Data Certification is attached. (See Attachment #1)

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as accurate by the Land Product Specialist on 9/11/2023. (See Attachment #2)

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

A Sources Sought Notice was posted to www.SAM.gov on 9/11/2023 for 9 days.

The acquisition will be synopsized in SAM.gov at least 15 days prior to issuance of solicitation.

The solicitation will be posted DLA Internet Bid Board System (DIBBS) for 30 days.

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offer exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold.

Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Procurement history:

The PO History shows multiple prior awards:

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021) this item. DLA Land and Maritime’s Product Specialist indicated this item is not commercial on 9/11/2023.

Vendor stated item is not commercial. Google search yielding no sources showing item to be commercial and sold to the general public. The item is only available from the approved sources as identified above.

Product Specialist certification was on 9/11/2023. See Attachment 1. The EBS system under MM03, COTS field, generated by the Product Specialist, showed item as blank. The Contracting Officer determines the item is non-commercial, thus FAR 15 procedures will be utilized.

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

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:

Derbyshire Machine & Tool Co. (71905)

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

Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

12. Previous Justification for Other than Full and Open Competition:

The last buys were under SAT and therefore a J&A was not required.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2023.10.11 07:08:10 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.10.11 15:14:14 -04'00'

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

[X] Up to $750,000 Contracting Officer

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

Attachment(s):

1. Memorandum for Record Technical Data Supporting Certification

2. Technical Referral

File details come from the government source that posted it. Updated .