JA - SPE7M524R0015 REDACTED_Redacted.pdf

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Attached to
Transformer, Power A Federal contract opportunity
Solicitation number
SPE7M524R0015
Issued by
Defense Logistics Agency Land and Maritime

About this file

This document is a Justification for Other Than Full and Open Competition (J&A) for the Defense Logistics Agency (DLA) Land and Maritime. The solicitation (SPE7M524R0015) is for a Transformer, Power Autotransformer (NSN 5950-00-581-9955) for B-52 G & H aircraft models, with a quantity of 360 units. OECO (CAGE code 95266) is identified as the sole source due to exclusive data rights and manufacturing knowledge, making it uneconomical for the government to develop alternative sources.

The procurement will follow FAR Part 15 procedures as a non-commercial item. Market research included surveys to OECO and Jamacia Bearings, with a Sources Sought notice posted on SAM.gov receiving one response from BHPE LLC. The contract is a firm fixed-price, end-of-life purchase with an estimated contract length of 291 days. The total contract value is expected to exceed the Truth in Negotiations Act (TINA) threshold of $2.0M, requiring Certified Cost/Price Data. The solicitation is planned to be synopsized on November 18, 2024, and solicited for 30 days on December 4, 2024, through the DLA Internet Bid Board (DIBBS).

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Text version

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M524R0015 / PR 7008483494

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI

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

OECO (95266) P/N 6433

The use of the authority cited is based on 10 U.S.C. 3204(a)(1):

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

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid.

If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

A Technical Referral was sent to the Product Specialist to validate the AMC/AMSC code and source of supply.

On 9/4/2024, the Product Specialist confirmed the AMC/AMSC of 3/R and confirmed the item has one approved source, OECO (95266). Per DSCC -FM-23-41438, OECO (95266) is the sole source and is the only source that would be cost effective to manufacture this item, The 339 responses from DSCC-FM-23-41438 did not suggest any AMC/AMSC changes

DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source.

OECO (6553) is the only source that has the rights or data to manufacture this item. There is no outstanding DLA Form 339 request for additional sources.

The Product Specialist certified the above technical information, is complete and accurate on 9/4/2024.

OECO 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.

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

[X] The acquisition will be synopsized for 16 days on or about November 18, 2024 at https://SAM.gov and will be solicited for 30 days on or about December 4, 2024 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://SAM.gov on 8/15/2024 with a respond by date of 8/22/2024.

o One response was received.

Response was received from BHPE (9SWS7) on 8/15/2024. On

8/16/2024, the Buyer acknowledged receipt of BHPE’s interest and provided information on DLA’s SAR process.

SOLICITATION SPE7M524R0015 / PR 7008483494

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI

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

To determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve, PPI, current market value of item and/or similar items, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. The contract maximum value is expected to exceed the TINA threshold of $2.0M. Therefore, IAW FAR 15.403-4(a)(1), Certified Cost/ Price Data will be required.

8. Market Research / Efforts to Obtain Competition:

Market Surveys were sent to the manufacturer, OECO (95266), on 8/14/2024 and to their authorized distributor, Jamacia Bearings (04836), on 8/15/2024.

OECO responded on 9/26/2024 that P/N 6433 has been reactivated

OECO stated an offer will be provided through their authorized distributor, Jamacia Bearings.

Jamacia Bearings (04836) provided a market survey and on 10/22/2024 confirmed item is not a commercial item.

o MOQ 360.

o o o o o

A Sources Sought was posted to https://SAM.gov on 8/15/2024 with a respond by date of 8/22/2024.

o One response was received.

Response was received from BHPE (9SWS7) on 8/15/2024. On 8/16/2024, the Buyer acknowledged receipt of BHPE’s interest and provided information on DLA’s SAR process.

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

Per SAP MM03 – Entry for “Commercial Off-the-Shelf” is “No”.

The part number was researched in Haystack, GSA, and Google. No information was located through Google on this item.

SOLICITATION SPE7M524R0015 / PR 7008483494

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

Market research received from authorized distributor, Jamacia Bearings, confirmed with the manufacturer that item is not commercial.

A search of the Commercial Item Database (CID) in PIEE yielded no results. There was no CID file as of 11/4/2024.

The AMC/AMSC is not coded as a commercial product by the Product Specialist.

The AMC/AMSC is coded as a 3/R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights.

The AMC/AMSC code was certified as accurate by the Product Specialist on 9/4/2024.

Commerciality Summary:

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist), use of market surveys, sources sought notices, procurement history, and research of the market through key words searches on the internet and database, the Contracting Officer has determined that it is in the best interest of the Government to proceed as a non-commercial item, using FAR Part 15 procedures in lieu of FAR Part 12.

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

[ X ] 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 sources, if any, indicating an interest in the acquisition are:

OECO (95266)

Jamacia Bearings (04836)

BHPE LLC (9SWS7)

11. This item is subject to the following methods of locating additional sources:

Solicitation will include, but is not limited to, the following Procurement Notes:

Solicitation will include, but is not limited to, the following Procurement Notes:

L04 Offers for Part Numbered Items M06 Evaluation of Offers for Part Numbered Items

SOLICITATION SPE7M524R0015 / PR 7008483494

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

IAW DFARS PGI 206.303-2(b)(i)(B), a copy of the most recent J&A should be included in the file. Historical purchases have all been under SAT, therefore this item does not have a recent J&A.

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

The estimated PR Value of this J&A is $ The estimated Maximum Value (at the top price break) of this J&A is $

Carolyn Toney, Contracting Officer Date

APPROVAL/CERTIFICATION

Competition Advocate Date Date

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

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

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

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

Attachments Technical Certification Tech Referral

TONEY.CAROLYN.

MARIE.1400916922

Digitally signed by

TONEY.CAROLYN.MARIE.14009

16922 Date: 2024.11.15 08:55:23 -05'00'

11/15/24

WIEBUSCH.JAM

IE.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897

Date: 2024.11.25 13:59:34 -05'00'

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