JA - Redacted (SPE7M322R0005).pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M322R0005

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Source Selection Information- See FAR 2.101 and 3.10

[X] 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.

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

BRIEF DESCRIPTION NSN/P/N PR estimated

QUANTITY

PR estimated

VALUE

AMC/AMSC

VALVE, CHECK 4820015451468 102 each 3/C

PROCUREMENT- Request for Proposal (RFP), single NSN, large, one time, firm-fixed price:

Estimated SOLICITATION Value: The estimated value of

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

This NSN item VALVE, CHECK– A valve permitting flow in one direction only. It does not have a stem, except when equipped with a lever and weight and has no pressure adjustment. It may be inline or cartridge (manifold) design.

Hydraulic fluid, petroleum base single response quick disconnect on both ends with caps.

Contract history shows that this item purchased by the military end user, specifically Department of the Air Force.

Weapon System is AEF = Ground refueling equipment; KC-46A support equipment for aerial refueling.

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, quoted by OEM or authorized dealers.

5. If restricted to the only sources of supply, include sources and CAGE codes:

ENTWISTLE COMPANY, THE (20722); P/N 0421C20-1200-01- small business OEM

The ENTWISTLE COMPANY is the only source approved by the design control activity because the ENTWISTLE COMPANY retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

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 (DFARS PGI 217.7506 Part 2.) is based on:

[X] AMSC = C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering 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.

NOTE: “I/A/W FAR 6.303-2(c), on July 27, 2022, the product specialist certified that the technical data, including the AMC/AMSC codes and approve source, were complete and accurate.”, see attachment #1.

The Engineering Support Activity (ESA), via DLA form 339, must approve any alternate source offers. The offeror must provide a complete data package including data for the approved parts and alternate part for evaluation. According to the product specialist there are no other concerns seeking source approval currently.

SOLICITATION: SPE7M322R0005

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

[X] I/A/W DFARS PGI 206.302-1(d) sources sought notice posted to SAM.gov from 7/21/2022 to 7/28/2022 as part of market research to make sure that offers will be received “from as many potential sources as is practicable under the circumstances” (FAR 6.302-1), see market research paragraph 8 (eight) below.

[X] The acquisition will be synopsized on SAM.gov for 15 days prior to the solicitation opening.

[X] 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).

[ ] Dealers of the manufacturer will be solicited, if applicable.

7. The Contracting Officer is hereby determining that the anticipated price/cost will be fair and reasonable in accordance with FAR 6.303-2(b)(7). In accordance with FAR 15.403, certified cost and pricing data is not required under this acquisition threshold, however, other than certified cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination. Negotiations may be required and will be continued until suitable for both parties, and the Contracting Officer makes determination that 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 research for this procurement conducted from 7/15/2022-11/22/2022.

Techniques used to conduct market research:

Past procurement review of the requested item NSN.

Data classification (SAP) industrial supply values / characteristics review.

Web search for commercial use of the NSN item P/N requested.

FLIS and GSA databases queried to identify other potential sources for this item. No other sources found.

Sources sought notice posted on SAM from 7/21/2022 to 7/28/2022 – no responses from additional interested parties were received.

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

Total number of vendors contacted: Market survey was sent to one sole source OEM via email:

1) ENTWISTLE COMPANY, THE (20722), approved source OEM.

Types of information requested: delivery, quantity sensitivity, price break availability, commerciality, business size, business type, FOB information, etc.

Non-response:

ENTWISTLE COMPANY, THE (20722) - did not respond to the market survey, nor follow up.

Based on the buyer’s knowledge and with previous requests they do not participate in market surveys but based on past buy history they participate in DLA solicitations. No dealers participated in any of previous solicitations offering ENTWISTLE COMPANY’s part number.

ENTWISTLE COMPANY has been supplying this NSN item to the DLA since 2012, therefore there is no reason to believe that they will not participate in this solicitation.

Previous market research data:

• Sole source, small business domestic manufacturer.

• Offering exact P/N 0421C20-1200-01.

• Participated in all previous solicitations.

• Quoted I/A/W all terms & conditions of solicitation.

• FOB – Origin is acceptable.

• I/A Destination is acceptable.

• Non-commercial item.

Non-commercial determination:

Market research and procurement history indicates this part is not commercial. The buyer reviewed the part number and nomenclature on the Internet to see if it was available for sale to the public. There was no commercial sales history or

SOLICITATION: SPE7M322R0005

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announcements found for this item. I/A/W FAR 7.102(a)(4) the item is not GSA listed from sources other than DLA. Data classification (SAP) industrial supply values/characteristics review indicates the item is not commercial.

I/A/W FAR 2.101 the Contracting Officer determines that the item does not meet the definition of commerciality.

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:

NONE

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

(X) I/A/W DLAD prescription 11.391(b) Procurement Notes L04, “Offers for Part Numbered Items” and M06, “Evaluation of Offers for Part Numbered Items” will be included in this solicitation.

12. The procurement history shows that prior awards were issued under the simplified acquisition threshold (SAT) or special emergency procurement authority (SEPA), 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.

Helen B. Davis /Contracting Officer Phone ext. Date

APPROVAL REQUIREMENTS:

[X] Up to $750,000 Contracting Officer [ ] $750,000 to $15,000,000 Competition Advocate

ATTACHMENT: MFR - Technical Data Supporting Limited Sources PS certification (pgs. 4 and 5)

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