JA SPE7LX25R0026 - redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION SOLICITATION SPE7LX25R0026

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 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.

Hutchinson Industries, Inc. (62161) is the only approved source and the only known source to own or possess the data or rights to the data necessary to manufacture the item. The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). Because only the approved source possesses the complete technical data for the item listed, they are the only source acceptable that can manufacture this item; therefore, this acquisition will be solicited with other than full and open competition under authority of U.S.C 3204(a)(1), as implemented by FAR 6.302.

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

[X] The acquisition will be synopsized on or about 2/24/2025 on beta.SAM.gov.

[X] Manufacturer will be solicited.

[X] The Government published a Sources Sought (attachment 1) on the beta.SAM.gov website from 7/31/2024 – 8/9/2024.

[X] Other: Solicitation will be posted on the DLA Internet Bid Board System for a minimum of 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government can be determined fair and reasonable.

The threshold for obtaining Certified Cost or Pricing Data (CCPD) of $2 million has been met for this acquisition however CCPD will not be required. This solicitation meets an exception to the requirement for CCPD. Per FAR 15.403-1(b)(3) acquisitions for commercial products are prohibited from requiring CCPD. Uncertified cost and pricing data may instead be requested if the price cannot be determined fair and reasonable using historical pricing data.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research in an effort to improve competition, which is summarized below.

Market Research consisted of a posting of a sources sought, direct distribution of market surveys, online research of the item and its approved sources, and email exchanges and phone conversations with the approved source.

Required sources of supply listed in FAR part 8 were also investigated as potential sources for this project. Market research was conducted from July 31st, 2024 – November 7th, 2024. One response was received for the Sources Sought.

The first required source of supply checked was the Federal Prison Industries. The UNICOR website was searched by Federal Supply Code (FSC and returned no results (screenshot attached). The AbilityOne program website was checked for this NSN and returned no search results (screenshot attached). The General Service Administration

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION SOLICITATION SPE7LX25R0026

website was searched by NSN, manufacturer, part number, and item name and returned no results for this specific item (screenshot attached). There were some results for Beadlocks, however there is not sufficient evidence that they can fulfill the applications the current NSN is designed for. Since the Government does not currently have the drawings or specifications for this NSN there is no way to effectively compare any of the listed Beadlocks to the current NSN.

The market survey presented questions pertaining to the willingness to engage in a Long-Term Contract (LTC), the items’ commerciality, length of contract, delivery parameters, production capacity, certified cost and pricing date and general information questions

The Government sent a market survey and received responses from the following vendors:

There have been 20 previous acquisitions for this item with 17 awards

There was an LTC awarded to Hutchingson in 2023 which had a 3 base year length.

Procurement history as follows:

Information received regarding the commerciality of the item(s):

In accordance with FAR 10.002(b) and FAR 2.101, Definitions, a review has been conducted of the items description(s) to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs.