JA SPE7L321R0013_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L3-21-R-0013

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

(AUG 2016)

[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 for 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

QUANTITY TOTAL VALUE AMSC

SVK KIT INSP 3040-01-567-6725 /

T12619340

78/EA D

Identify end item, weapon system, or class of item: BOB HOPE CLASS T-AKR 300.

This is a definite quantity contract for a total quantity of 78 EA.

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source of supply, include source and CAGE code:

FAIRBANKS MORSE, LLC CAGE 7PZX0, part number T12619340, is the only approved source.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

The Government does not have rights to the technical data. A review of the document availability code reveals that manufacturer FAIRBANKS MORSE is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data. On 23 October 2020, a referral was sent to Product Specialist to certify the accuracy of AMC/AMSC and the list of approved sources. replied on 27 October 2020, confirming that the AMC, AMSC, part number and approved source list was accurate and complete. Referral can be found in Records Management. This item is NOT designated as a critical safety item (CSI).

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

[X] The acquisition will be synopsized for 15 days prior to the solicitation opening on beta.SAM.gov. At the completion of the synopsis period the acquisition will be solicited on the internet for 30 days via DLA Internet Bid Board System (DIIBS).

7. This is a definite quantity contract, for a quantity of 78 each. Price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

There is one approved source: FAIRBANKS MORSE, LLC (7PZX0), part number T12619340. FAIRBANKS MORSE has not quoted on previous solicitations, and uses dealers to quote on solicitations. A sources sought was posted to FBO on 26 October 2020 and closed on 02 November 2020. No companies expressed interest in the posting. 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. Previous awarded dealers did not indicate that this item was commercial on that solicitation. Item is specially made components for the BOB HOPE CLASS T-AKR

300. The design of the ship, and the nature of its missions, demonstrate additional requirements beyond commercially available items. No similar commercial ship could be found that can survive the combat environment, and the SVK KIT INSP is specially made for this ship using non-standard materials and drawings. Therefore, the Contracting Officer determines this item to be non-commercial and the solicitation shall be issued pursuant to FAR Part 15 procedures.

A firm fixed price contract will be issued. Material Master does not show this NSN as commercial. This item is manufactured for military use only.

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

A market survey was conducted on/during 10/26/2020 thru 11/02/2020.

Total number of vendors contacted: Seven (7): 66200, 1N8T8, 61125, 0D5X4, 2U435, 3BXW6 and 7PZX0 Technique used to conduct survey: E-mailed questionnaire.

Types of information requested: Size of company, type of company, commercial status of item, if catalog/price listing info was available, is NSN a stocked item, is vendor interested in submitting an offer, approximate delivery schedule, quantity sensitivity, FOB and inspection/acceptance terms.

Summary of Market Surveys Received: Three (3) Market Surveys Received.

FAIRBANKS MORSE, LLC (7PZX0), the sole source, responded stating “FME has an Alliance with CHAND LLC (0D5X4) to handle this business. By copy to at CHAND, he will respond to your request.

Thank you.”

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

( X ) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

Attachments:

ATT 1 Previous Procurement J&A