JA SPE7M422R0007.pdf

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Justification for Other than Full and Open Competition (JA)- NON-LTC Solicitation: SPE7M422R0007

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DLA Land & Maritime Justification for Other Than Full & Open Competition (AUG 2016)

2X 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 PR estimated

QUANTITY

PR estimated

VALUE

AMC/AMSC

VALVE, SOLENOID 4810-00-914-6105 560 EA $1,181,359.20 3/C

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

Estimated SOLICITATION value: The estimated value of this PR is $1,181,359.20 quantity of 560 each.

Additional quantity up to 610 each will be included with estimated total solicitation not to exceed $1,286,837.70.

No option will be included.

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

VALVE,SOLENOID, 115/120 VAC, 60HZ. 3/4 INCH. Subject NSN 4810-00-914-6105 is a valve having two or more ports with valve stem or pilot needle in a normally open or closed position. It is specifically designed to stop or start or change the flow of fluid by means of the magnetic action of an electric coil on a moveable core or plunger. The valve may be equipped with a manual opening or closing device. For items with three or more ports that utilize a reciprocating slide with recess areas which mate with ports in an integral or replaceable ported sleeve, see VALVE, SOLENOID.

Weapon System: 23N / OHIO CLASS SSBN (TRIDENT)

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 sole source because AUTOMATIC SWITCH COMPANY (04845) is the only known source with the technical data necessary to manufacture this item.

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

- Large business manufacturer.

The Government identifies Automatic Switch Co (04845) as having the appropriate manufacturing expertise to supply this NSN to DLA and the using military service. Automatic Switch Company is the only source approved by the design control activity because Automatic Switch Company retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part, This manufacturer is the only known source that owns or has the rights to the technical data necessary to manufacturer this NSN item P/N AV172731-1.

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

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 (DFARS PGI 217.7506 Part 2.) is based on:

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

Solicitation: SPE7M422R0007

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition (AUG 2016)

NOTE: I/A/W FAR 6.303-2(c), on 05/17/2022, the product specialist certified that the technical data, including the AMC/AMSC codes and approve source, were complete and accurate.

The Engineering Support Activity (ESA), via DLA form 339, must approve any alternate source offers. 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.

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

[X] I/A/W DFARS PGI 206.302-1(d) sources sought notice posted to BetaSAM.gov from 4/28/2022- 5/5/2022 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.

[X] The acquisition will be synopsized on BetaSAM.gov for 15 days prior to the solicitation opening.

[X] At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

The Contracting Officer is hereby determining 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 reasonableness determination. Negotiations may be required and will be continued until suitable for both parties, and the Contracting Officer makes a determination that based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the government will be fair and reasonable

Market Research/Efforts to Obtain Competition:

Market research for this procurement was conducted 4/8/2022-5/10/22 Techniques used to conduct market research:

Past procurement review of the requested item NSN.

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

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

FLIS and GSA databases queried to identify other potential sources for this item. No other sources found.

Sources sought notice posted on SAM.gov 4/28/2022- 5/5/2022 Market Survey [10 U.S.C. 2304(f)(3)(D)]:

Total number of vendors contacted: The approved source Automatic Switch (04845) does not quote directly to the government. Ten (10) market surveys were sent via email to the Automatic Switch distributors that participated in previous solicitations, and they are listed below:

1. DW Marine Systems (6PHC7)

2. Statz Corp (3WGD1)

3. Ives Equip (1H855)

4. Linmarr (1GX03)

5. Matin Military (1WZZ2)

6. Phoenix Trading (4LF36)

7. Stealth Supply (6RVM4)

8. Talon Air (58CE0)

9. Kampi Components (7Z016)

10. W & O Supply (1QP40)

Types of information requested: delivery, quantity sensitivity, price break availability, commerciality, business size, business type, FOB information, etc.

Solicitation: SPE7M422R0007

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition (AUG 2016)

One (1) response was received from DW Marine Systems (6PHC7):

• Is a small business concern dealer and located in USA.

• Will be offering exact P/N AV172731-1. OEM AUTOMATIC SWITCH COMPANY 04845

• Current item NSN is not quantity sensitive.

• Accepting FOB Origin.

• Accepting Inspection / Acceptance at Origin or Destination.

• Delivery 24-28 weeks ADO.

• Item is not commercial.

This part made by the MIL specification strictly to the US Navy.

• Willing to submit the offer for this solicitation.

These dealers were unresponsive to the market survey, buyer’s follow ups resulted with no responses. Market survey is not mandatory to respond by a supplier, however, based on the Contracting Officer’s knowledge of this NSN’s procurement history, just because these dealers did not respond to the survey, they still expected to participate in this solicitation and included on the DLA source list.

1. Statz Corp (3WGD1)

2. Ives Equip (1H855)

3. Linmarr (1GX03)

4. Matin Military (1WZZ2)

5. Phoenix Trading (4LF36)

6. Stealth Supply (6RVM4)

7. Talon Air (58CE0)

8. Kampi Components (7Z016)

9. W & O Supply (1QP40)

Commerciality determination:

According to the current market survey received, this is not a commercial item. This part made by the Mil specification strictly to the US Navy. Market research and procurement history indicates this part is not commercial. I/A/W FAR 7.102(a)(4) the item is not GSA listed from sources other than DLA. The buyer reviewed the part number and nomenclature on the Internet. There was no commercial sales history, catalogs / brochures, established price list or announcements provided for this item to the general public. Data classification (SAP) industrial supply values/characteristics review indicates the item is not commercial. It is highly unlikely this item would ever be used in the commercial world. COTS field in SAP is blank. 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:

DW Marine Systems (6PHC7) - dealer

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.

12. The procurement history shows that prior award issued under the simplified acquisition threshold, therefore a J&A was not required.

Solicitation: SPE7M422R0007

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition (AUG 2016)

2-2621______________ 5/ /2022___ _______________ Contracting Officer

EXT Date Helen B. Davis

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer [X] $750,000 to $15,000,000 Competition Advocate

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Date

Attachment:

MFR-Tech Data Supporting Limited Sources NIIN 009146105-MAY 17 (Pgs. 5 & 6).

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.

SHEARER.MARY.E.125070

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.06.16 10:43:17 -04'00'