JA_SPE7MC25R0003 redacted_Redacted.pdf

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Attached to
VALVE, LINEAR, DIRECT Federal contract opportunity
Solicitation number
SPE7MC25R0003
Issued by
Defense Logistics Agency Land and Maritime

About this file

This is a Justification for Other Than Full and Open Competition document for solicitation SPE7MC25R0003 issued by the Defense Logistics Agency (DLA) Land and Maritime. The procurement seeks to acquire 480 units of a linear direct valve (NSN 4810-017062567, part number 285034-0004) used on Arleigh Burke Class DDG destroyers and other Navy Fleet ships through a firm fixed-price contract for DLA Direct Deliveries.

The justification cites 10 U.S.C. 3204(a)(1) as the statutory authority, restricting competition to the sole approved source, Marotta Controls, Inc. (CAGE code 99657), which is the only manufacturer that retains the essential data for maintaining quality during production. The Government lacks adequate technical data and rights to enable competition, and has not attempted reverse engineering for this item. The estimated procurement value exceeds $2 million, requiring certified cost and pricing data under the Truth in Negotiations Act. Market research included a sources sought notice posted on SAM.gov for seven days on October 4, 2024, which received responses from Marotta Controls and BHPE LLC, though BHPE was deemed unresponsive to additional information requests. The solicitation will be synopsized for 15 days beginning December 9, 2024, followed by a minimum 30-day solicitation period via the DLA Internet Bid Board System. This represents a first-time procurement for DLA Land & Maritime with no prior justification and approval history available.

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CUI / Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC25R0003

Controlled by: DLA Land and Maritime Controlled by: DSCC-FMDE

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: @dla.mil

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

CUI

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 a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

NSN Item Estimated Qty/UI Estimated Value AMC AMSC PIC QCC 4810-017062567 Valve, linear, direct 480 AY 3 Q 2 DAA

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

This solicitation is for a firm fixed-price RFP to obtain offer(s) for a single NSN contract for DLA Direct Deliveries . The valve is used on the Arleigh Burke Class DDG and other ships within the Navy Fleet.

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

Brief narrative supporting the situation and weapon system:

On 10/04/2024, Product certified the technical information for this item, including the AMC/AMSC codes and the approved source listed in the product master, are complete and accurate.

Marotta Controls, Inc. (99657) p/n 285034-0004 is the only approved source of supply and is the only source that retains the data essential to maintaining quality during manufacturing. The Government has not purchased and is unable to purchase the data and/or rights to this NSN. To date, the Government has not attempted reverse engineering on this item.

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

Approved Source CAGE Part Number Marotta Controls, Inc. 99657 285034-0004

The use of the authority cited below:

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

SOLICITATION [ZSOLICITATION_NUMBER]

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

The use of the authority cited is based on:

AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, re-procurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

The acquisition will be synopsized on or about 12/09/2024 for a duration of 15 days. At the completion of the synopsis period this PR will be solicited for a minimum of 30 days via the DLA Internet Bid Board System (DIBBS).

A sources sought notice was posted to SAM.gov on 10/04/2024 for a duration of seven days. (See paragraph 8 for additional information.)

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

The proposal(s) will be evaluated according to best value procedures. Evaluation factors are price, past performance, delivery and small business participation. All factors other than price, when combined, are approximately equal to price. As the offered prices become more equal the relative importance of all other evaluation factors becomes more significant.

The estimated total price of the procurement is over two million dollars, and therefore the Truthful Cost or Pricing statute (formerly known as The Truth in Negotiations Act or TINA) applies. The contracting officer will be requiring Certified Cost and Price Data from prime contractors for themselves and their subcontractors. Under the statute the Contracting Officer is required to obtain accurate, complete, and current data from the offerors. This information will be submitted to Land & Maritime’s local Pricing Office for review and submission to the DCMA for evaluation and suggested negotiation targets. This will aid the contracting officer in the determination of a fair and reasonable price and aid in the negotiation process. The Buyer will also request, as needed, Other than Certified Cost and Price Data to further support a fair and reasonable determination.

Cost or pricing data in accordance with (IAW) FAR 15.403-4 will be required as the item is deemed as NOT commercial, and there is no expectation of competition. Based upon the above techniques, the Contracting Officer hereby determines the anticipated cost to the Government will be determined fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

SOLICITATION [ZSOLICITATION_NUMBER]

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

Amy C. Rich -- Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

Over $750,000 to $15,000,000 Competition Advocate

Attachment:

1. Memorandum for Record – Technical Data Supporting Limited Sources for Solicitation/Project

SPE7MC25R0003

RICH.AMY.CHARLE

NE.1139675750

Digitally signed by

RICH.AMY.CHARLENE.1139675750

Date: 2024.12.09 15:54:32 -05'00'

PETERSON.GEORG

E.D.1242831744

Digitally signed by

PETERSON.GEORGE.D.1242831744

Date: 2025.08.04 12:26:51 -04'00'

File details come from the government source that posted it. Updated .