JA SPE7M420R0008 -FOIA.pdf

Justification for Other than Full and Open Competition (JA)- NON-LTC Solicitation: SPE7M420R0008

Source Selection Information See FAR 2.101 and 3.104 DLA Land & Maritime Justification for Other Than Full & Open Competition (AUG 2016)

X ORIGINAL

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 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 PR

QUANTITY

Estimated PR Value

AMC/AMSC

Switch, Liquid Level 2915-01-588-7656 195 EA 3/D

PROCUREMENT- Request for Proposal (RFP), large one time, firm-fixed price:

Estimated SOLICITATION Value: in lieu of option, an additional quantity ranges up to 305 each will be included in the solicitation with not to exceed RFP estimated value of

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

Subject NSN 2915-01-588-7656, switch for liquid levels used on the Fuel Scavenge Pump Element Assembly. The switch could detect the level of fuel within one of the aircraft fuel tanks and triggers the transfer of additional fuel. Weapon System: 56F used on

AIRCRAFT, B-1B.

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, quoted by OEM or authorized dealers.

This item is considered a sole source or available from a limited number of sources because adequate data for the evaluation of alternate offers is not available at the procurement agency. Any alternate source offers must be approved by the Engineering Support Activity (ESA), via DLA form 339. The offeror must provide a complete data package including data for the approved parts and alternate part for evaluation. According to the product specialist there are no other concerns seeking source approval at this time.

Approved Source:

Eaton Industrial Corporation (59875), P/N 220004-1 Eaton Industrial Corporation 59875 has been identified by the Government as having the appropriate manufacturing expertise to supply this NSN P/N 220004-1 to DLA and the using military service.

This manufacturer is the only known source that owns or has rights to the technical data necessary to manufacturer this NSN.

Therefore, a complete data package of drawings/specs will not be available at the time of solicitation.

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

Eaton Industrial Corporation (59875) -Large business manufacturer.

Note: Last award was issued under the simplified acquisition threshold, no J&A document was required.

The use of the authority cited below:

[X] AMC 3 = Acquire for the second or subsequent time directly from the actual manufacturer.

[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.

Note: Basis for the justification has been concurred as complete and accurate by the product specialist on 12/18/2019 I/A/W FAR 6.303 (c).

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

I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to Beta.SAM.gov days from 12/19/19-12/26/19 as part of market research to make sure that offers will be received “from as many potential sources as is practicable under the circumstances” (FAR 6.302-1), see market research paragraph 8 (eight) below.

A pre-solicitation synopsis will be posted for 15 days on Beta.SAM.gov.

A solicitation will be posted for 30 days on DIBBS.

7. The Contracting Officer hereby determines that the anticipated price/cost will be fair and reasonable in accordance with FAR

6.303-2(b)(7). In accordance with FAR 15.403, certified cost and pricing data is not required under this acquisition threshold, however, other than certified cost and pricing data may be obtained from the contractor to provide additional support for price

Justification for Other than Full and Open Competition (JA)- NON-LTC Solicitation: SPE7M420R0008

Source Selection Information See FAR 2.101 and 3.104 DLA Land & Maritime Justification for Other Than Full & Open Competition (AUG 2016) reasonableness determination. Negotiations may be required and will be continued until suitable for both parties and a determination that the cost is fair and reasonable to the government is made by the Contracting Officer.

8. Market Research/Efforts to Obtain Competition:

Market research for this procurement was conducted 12/18/19-12/31/2019 Techniques used to conduct market research:

Past procurement review of the similar NSN items;

Data classification (SAP) industrial supply values / characteristics review;

Web search for commercial use of the NSN item P/N requested;

FLIS and GSA databases were queried to identify other potential sources for this item, no sources were found;

A sources sought notice was posted on Beta.SAM.gov from 12/19/2019-12/26/2019. No responses were received;

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

Total number of vendors contacted: Two (2) market surveys were sent via email including one (1) direct source manufacturer:

1. Eaton Industrial Corporation (59875) -OEM

2. Jamaica Bearings (04836) – authorized dealer to Eaton Industrial Corporation (59875)

Not responded to surveys:

1. Eaton Corporation (59875) - OEM

2. Jamaica Bearings (04836) – dealer

Commercial Determination:

According to the procurement history, manufacturer Eaton Corporation cage 59875 and distributor cage 04836, Jamaica Bearings, were previous award participants and provided this NSN item to the government under the FAR15. I/A/W FAR 7.102(a)(4) the item is not GSA listed from sources other than DLA. The Internet and Haystack website searches indicated that it is not sold commercially. Data classification (SAP) industrial supply values/characteristics review indicates the item is not commercial. COTS field in SAP is “N”.

I/A/W FAR 2.101 the Contracting Officer determines that the item does not meet the definition of commerciality.

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

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 source(s), if any, indicating an interest in the acquisition is:

None

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

I/A/W DLAD prescription 11.391(b) Procurement Notes L04, “Offers for Part Numbered Items” and M06, “Evaluation of Offers for Part Numbered Items” will be included in this solicitation.

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 $700,000, this signature serves as the approval.

_______ 2-2621_________ __1/24/2020______________ Contracting Officer Phone Date Helen B. Davis

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer [X] $700,000 to $13,500,000 Competition Advocate

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Date SHEARER.MARY.E.1250702449 Digitally signed by SHEARER.MARY.E.1250702449

Date: 2020.02.03 11:40:39 -05'00'