JA_SPE7L5-24-R-0014-R2-COMPAD (CUI)_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPE7L5-24-R0014

Controlled by: DLA Land and Maritime Controlled by: FLSCD

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC:

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

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 on other than a full and open competition basis. The part in this initiative has been determined to be non-commercial and will be procured utilizing the procedures found in Federal Acquisition Regulations (FAR) Part 15-Contracting by Negotiations.

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

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

Intake Filter Element 2940-015265483 7202 $ 3/C

This Solicitation is for a DLA Direct Procurment PR # 7006819119 nomenclature: Intake Filter Element Weapon System or Class of item: ARMY MRAP WSDCS With a quantity of 3601 each with a 100% option.

Estimated Based Value $

Estimated Total Value (Base + Options) $

Maximum Contract Value $

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

10 U.S.C 3204 (a)(1) Available from only one or a limited number of sources.

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

Source: Donaldson Company Inc. Cage: 18265 Part Number: P548781

SOLICITATION# SPE7L5-24-R0014

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

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC C. This part requires engineering source approval by the design control activity 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.

, certified the following on 4/26/2024 :

• This item is an AMC/AMSC of 3/C. This item supports the ARMY MRAP WSDCS and it IS NOT a critical application item and IS NOT a critical safety item. Source: Donaldson Company Inc. Cage: (18265) is the only source capable of making this item. The Government DOES NOT HAVE the data or drawings for full and open competition; the approved source is the only sources known to possess the required drawings. There ARE NOT currently 339’s out to the ESA (Engineering Support Activity) and current information indicates that the item IS NOT commercial or commercial-of-a-type. Technical Data Certification is attached.

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

The acquisition was synopsized on or about 5/28/2024 Manufacturer of product identified in the market research will be solicited.

Dealers of the manufacturers will be solicited.

A synopsis exception cited in FAR 5.202 does not apply.

At the completion of the synopsis period, the Purchase Request (PR) will be solicited on the internet June 14, 2024 for 30 days via the DLA Internet Bid Board System (DIBBS).

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

Past procurement history will be reviewed, and a PPI price analysis will be performed. Other than cost and pricing data may be requested and analyzed. Additionally, discussions may be held with offerors, if needed, to determine the price fair and reasonable.

This is a definite quantity firm fixed price contract for a total quantity of 7202 EA. with option.

This item is being procured on an All or None basis.

SOLICITATION# SPE7L5-24-R0014

DLA Land & Maritime Justification for Other Than Full & Open Competition supporting the commerciality of this item. The Product Specialist was consulted and after evaluation determined that part number P548781 is not commercial. The Contracting Officer determines that this item is non-commercial.

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

[ X ] Based upon the attached technical certification, 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 were returned.

N/A

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. DFARS PGI (Procedures, Guidance, and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification.

SPE7L123F7606, SPE7L122F835Y, and SPE7L122F821V are delivery orders issued against LTC SPE7LX-21-D- 0133. The previous J&A for SPE7LX-21-D-0133 could not be located."

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.

________________________________ ____ 5/30/2024 Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

_________________________________________ Click or tap to enter a date.

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

WIEBUSCH.JAMIE.125

1897324

Digitally signed by

WIEBUSCH.JAMIE

Date: 2024.08.09 14:55:11 -04'00'

WHITING.MONICA.

L.1378381815

Digitally signed by

WHITING.MONICA.L

Date: 2024.08.08 09:04:49 -04'00'

SOLICITATION# SPE7L5-24-R0014

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

Up to $750,000 Contracting Officer

$750,000 to $15,000,000 Competition Advocate

Attachment(s):

Tech Data Certification