JA SPE7M8-21-R-0016 - redacted.pdf

CUI

Source Selection Information-- See FAR 2.101 and 3.104

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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

The Product Specialist stated via e-mail on 07/27/2021 that the AMC/AMSC is a 3D with no recent change. The most recent review of the AMC/AMSC was 03/06/2021. The Product Specialist stated this is a Cage & Part Number item with the sole approved source of supply for this item as being Wartsila Defense (0EYA6). The Product Specialist stated on their signed Technical Certification form of 09/03/2021 that the Government does not physically have possession that is sufficient, accurate or legible data to purchase this part from other sources and that all means to obtain a technical data package adequate for manufacturer of this item by other sources have been exhausted. As such, Wartsila Defense Inc., is currently the only source known to possess the requisite data to manufacture the item.

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

(X) A Sources Sought notice was posted to the FBO by the buyer on July 29, 2021, with a return deadline of August 9, 2021.

(X) The acquisition was synopsized on September 30, 2021 and was posted for 15 days.

(X) The solicitation will be posted for 30 days and dealers of the approved sources, if any, will be solicited.

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

Formal C/P Data will be required because the current estimated contract price is above the price threshold of $2 Million (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The acquisition specialist will be going through the DLA Land and Maritime pricing office for assistance. Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative. An option quantity will not be used for this procurement.

One response via e-mail was received on 08/03/2021 back from the Sources Sought Notice posted via e-mail on July 29, 2021, from of Mid South Packing & Seals, LLC, identifying themselves as a pump & seal distributor, requesting information about the item. On 08/04/2021, the buyer replied back via e-mail to of Mid South Packing & Seals, LLC, giving the item’s item description, NSN, NAICS, indicating that this is a Cage & Part Number buy, and the approved source of supply for this item.

A copy of a J&A on this item on a previous large buy was located in Records Management and was placed in the e-contract file.

In their completed market research survey submitted on July 29, 202, Point of Contact, of Pioneer Spares (66200), authorized dealer and previous awardee of this item, states that this item is not a commercial item. The current buyer of record conducted additional market research via the web (Google, Amazon, eBay, ILSmart) and did not locate any information that would indicate that this item could be purchased as a commercial item to the general public. The Product Master states “N” for Commercial Off-The-Shelf item. As such, the buyer’s documentation was forwarded to the Contracting Officer for review and a determination was made by the Contracting Officer that this item is not a commercial item and that the item will be solicited in accordance with FAR Part 15.

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.

[X] Other: Review of the NSN indicates that this is not a commercial item and is currently coded as not being a commercial off-the-shelf item.

10. A listing of sources, if any, indicating an interest in the acquisition is: Pioneer Spares (66200).

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

(X) The solicitation contains Procurement Notes L04, Offers for Part Number Items (September 2016) and M06, Evaluation of Offers for Part Numbered Items (September 2016), which provides the process for offering an item other than those identified in the item description.

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. If not exceeding $750,000.00 this signature serves as the approval.

__________________________________________ 614-692-2865 ______ Contracting Officer Phone Date

____ Herman Poe_________ Typed name of Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

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

POE.HERMAN.LEE.J

R.1214625691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2021.11.08 11:40:46 -05'00'

SHEARER.MARY.E.1250

702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.11.08 16:08:41 -05'00'