JA Redacted SPRAL122R0003.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-22-R-0003

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 6115-01-630- 6877). 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 6115-01-630-6877 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): C79052B – The end item is NSN 4940-01-550- 4312, General Purpose Shop Equipment which consists of general-purpose type hand tools and equipment used by motor transport engineering and ordnance maintenance personnel to perform maintenance and repairs on tactical vehicles.

ESTIMATED 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. 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 050451-002-22.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On September 16, 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:

SOLICITATION #SPRAL1-22-R-0003

[ 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 11, 2022 for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from December 9, 2021, to December 20, 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)

SPRAL121C0009 5/11/2021 Van Air Manufacturing

CAGE 1EAE2

13 $24,729.00 $321, 477.00

BG

SPRAL120P0065 7/21/2020 Van Air Manufacturing

CAGE 1EAE2

5 $25,567.00 $127,835.00 BG

SPRAL119P0063 7/30/2019 Van Air Manufacturing

CAGE 1EAE2

8 $25,337.00 $202,606.00 BG

SPRAL119C0026 4/23/2019 Van Air Manufacturing

CAGE 1EAE2

10 $25,337.00 $253,370.00 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 12/9/2021 to 12/20/2021, 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 9, 2021 to December 20, 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.

SOLICITATION #SPRALl-22-R-0003

Types of infonnation requested: A SSN was posted to SAM.gov on 12/9/2021 with response date of 12/20/2021. 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 Pait Number Items and M06, Evaluation of Offers for Pa1i 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 po1iion 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 offerers an opportunity to provide feedback on the cmTent marketplace for this acquisition. The mai·ket survey included but not limited to info1mation regai·ding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delive1y and OEM info1mation.

Smnmaiy 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

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 suppo1iable commercial documentation. A Google search was conducted using the pa1i number 050451-002-22 and NSN 6115016306877, but no info1mation was found that could substantiate or dete1mine the item to be commercial. Additionally, a General Administration Services (GSA) seai·ch was conducted with no GSA contracts found for the paii number 050451-002-22. See Attachment 3. The item is unique to the Government and is made specifically in suppo1i of the LUPO used for Marine Air-Ground Task Force. The item is not modified of a type available in the commercial marketplace 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 marketplace. Therefore, the Contracting Officer hereby dete1mines this item to be a non-commercial item.

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

(May 2018)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-22-R-0003

[ 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) 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): SPRAL121R0010 is attached.

Attachments:

1. DLR Tech Data Cert

2. Previous J&A (SPRAL121R0010)

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 Digitally signed by

SELLERS.CERITA.F.1250708994

.1250708994 Date: 2022.01.07 14:50:12 -05'00' 07 January 2022 Cerita F. Sellers Date Contracting Officer

APPROVAL REQUIREMENTS

( X ) Up to $750,000 Contracting Officer