JA Redacted SPRAL122R0002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-22-R-0002

DLA Land and Maritime Justification for Other than Full and 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 for the Auxiliary Set Engine (NSN 6115-01-624- 0410). Other than a full and open competition basis FAR 6.302-1 and 10 U.S.C. 2304(c)(1) will be utilized.

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Auxiliary Set Engine 6115-01-624-0410 21.00 D

The Auxiliary Set Engine is an item consisting of a prime mover driving two or more different types of items, such as generator(s), compressor(s) or pump(s). The components must be mounted as a single unit and may be used singly or simultaneously.

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

Table of Authorized Material Control Number (TAMCN): C79082B – The end item is NSN 4930-01-549- 7112, Lubricating Unit, Power Operated (LUPO) which is a self-contained unit having one lubricant storage tank and an air or electrically operated pump, designed for the high-pressure application of a lubricant to machinery. The unit may be mounted on wheel(s) or caster(s) and may be equipped with the necessary hose, control valve and fittings.

ESTIMATED CONTRACT VALUE: $614,880.00

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 Marine Corps technical data determined the current NSN is in accordance with approved source: Van Air Manufacturing (Van Air) CAGE 1EAE2 for part number 050617.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On September 24, 2021, USMC Logistics Command (LOGCOM) Equipment Specialist certified that the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The NSN is sole source to Van Air (1EAE2) per the DLR tech data from Albany, GA. Van Air is the only manufacturing source known to have the complete data or data rights necessary to manufacture this military-specific item.

The use of the authority cited is based on:

[ 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.

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

[ X ] The acquisition will be synopsized on or about January 4, 2022 for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from December 8, 2021 to December 18, 2021, with no responses received. The solicitation will be published for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC)

SPRAL121P0023 1/25/2021 Van Air Manufacturing

CAGE 1EAE2

2 $29,280.00 $58,560.00 BB

SPRAL119P0021 2/13/2019 Van Air Manufacturing

CAGE 1EAE2

8 $24,476.00 $195,808.00 BB

SPRAL114M0070 7/18/2014 Van Air Manufacturing

CAGE 1EAE2

3 $22,476.00 $67,428.00 BB

History indicates the Auxiliary Set Engine for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted.

The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00;

therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government’s targets and later deeming prices fair and reasonable for this procurement.

8. Market Research/Efforts to Obtain Competition:

Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM Van Air (1EAE2). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 12/8/2021 to 12/18/2021, for the procurement of the Auxiliary Set Engine.

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

[ X ] A market survey was conducted on/during December 8, 2021 to December 18, 2021.

Total number of vendors contacted: One (1): Van Air (1EAE2) responded to the market survey.

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to SAM.gov on 12/8/2021 with response date of 12/18/2021. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN in order to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part

SOLICITATION #SPRALl-22-R-0002

Number Items and M06, Evaluation of Offers for Pait Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code D. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR info1mation to SYSCOM, since they manage the technical po1tion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the cmTent marketplace for this acquisition. The market survey included but not limited to info1mation regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, pa1t number, quantity, delive1y and OEM info1mation.

Summaiy of info1mation received:

The buyer sought info1mation from the only approved source Van Air (1EAE2). The contractor indicated an interest in supplyin the item. The contractor indicated the ai·e a small business manufacturer. The contractor indicated contractor indicated they prefer to deal directly with the Government. The contractor indicated the item is not commercial per FAR 2.101 and the item is not available in published catalog/price list. The contractor indicated they would be willing and able to provide proof of commerciality, if the government dete1mines it is needed to verify price reasonableness. The contractor answered ''No" to all the clauses/ rovisions indicatin the were inconsistent with commercial ractices.

Infonnation received regai·ding the commerciality of the item(s): Based on the above, the OEM Van Air indicated the item is not commercial. Van Air did not provide any suppo1table commercial docmnentation. A Google search was conducted using the pa1t number 050617 and NSN 6115016240410, but no information was found that could substantiate or dete1mine the item to be commercial. Additionally, a General Administration Services (GSA) seai·ch was conducted which found seven products matching the pait number 050617, but none of the items were the actual pait number being procured under this requirement. See Attachment 3. The item is unique to the Government and is made specifically in suppo1t of the LUPO used for Marine Air-Ground Task Force. The item is not modified of a type available in the commercial mai·ketplace and does not have minor modifications of a type not customarily available in the commercial mai·ketplace. The item is not available in the commercial mai·ketplace. Therefore, the Contracting Officer hereby detennines this item to be a non-commercial item.

9. Additional facts suppo1ting other than full and open competition ai·e:

[ X ] Based upon the technical ce1tification on file in DLA Land and Mai·itime-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) Van Air (1EAE2)

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

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Part Number Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Part Numbered Items [ X ] Other: The Marine Corps does not intend to procure the technical data necessary to promote competition. A SSN posted to SAM.gov for 10 calendar days without receiving any responses for vendor to submit a SAR.

12. A listing of previous J&A(s): SPRAL121R0021 is attached.

Attachments:

1. DLR Tech Data Cert

2. Previous J&A (SPRAL121R0021)

3. Google Search

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, this signature serves as the approval.

SELLERS.CERITA.F.1250 Digitally signed by

708994

SELLERS.CERITA.F.1250708994

Date: 2022.01.04 13:35:36 -05'00' 04 January 2022

Cerita F. Sellers Date Contracting Officer

APPROVAL REQUIREMENTS

( X ) Up to $750,000 Contracting Officer