JA-SPE7MX-23-R-0034KOflat reviewed_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION - SPE7MX-23-R-0034

PROJECT # CM22272003

CUI

The use of the authority cited is based on:

[ 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.

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

[ X ] The acquisition will be synopsized on or about December 15, 2022.

[ X ] Dealers of the manufacturers will be solicited.

[ X ] Other. (Explain) The synopsis will state that if a company was interested in this project to send an email to the Contracting Officer to indicate their interest in the solicitation. The following companies have been added to the Bidders List: Federal Resources Supply Company (1Q3Z9). If any other responses are received before the solicitation is released, they will also be added to the Bidders List. After the completion of the synopsis period, this PR will be solicited on the internet for a minimum of 30 days via the DLA Internet Bid Board System (DIBBS).

• A Sources Sought notice was posted on SAM.gov November 15 to November 22, 2022.

• The acquisition will be synopsized prior to December 15, 2022. The acquisition will be synopsized for 15 days.

• The acquisition will be solicited on DIBBs for a minimum of 30 days.

I hereby determine that the anticipated cost to the Government will be fair and reasonable. Certified Cost or Pricing Data will not be required since commercial items are exempt from the requirement of CCPD. However, Other Than Cost or Pricing Data may be requested for purposes of determining the prices fair and reasonable. The method of determining these prices fair and reasonable include but not limited to offered unit prices will be compared to previous purchases as well as commercial prices and other than Certified Cost or Pricing Data may be requested. The contracting officer hereby determines that the anticipated cost to the Government will be fair and reasonable. If other than cost or pricing information is requested from an offeror, assistance from the DLA Land and Maritime Pricing office will be requested for analysis.

Market Research/Efforts to Obtain Competition:

Market research was conducted from August 1, 2022 through September 17, 2022. A Survey questionnaire and spreadsheet was sent to the OEM and past suppliers for this item, Federal Resources Supply Company (1Q3Z9). A Sources Sought notice was posted on SAM.gov from November 15, 2022 until November 22, 2022 which included questionnaire and spreadsheet attachments. No responses were received.

The solicitation will be synopsized in SAM.gov and posted on the DLA Internet Bid Board System (DIBBS) website for any interested offerors.

SOLICITATION - SPE7MX-23-R-0034

PROJECT # CM22272003

CUI

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

A market survey was conducted on/during: August 1-September 17, 2022.

Total number of vendors contacted: 1- Federal Resources Supply Company (1Q3Z9)

Names of vendors contacted and responding: Federal Resources Supply Company

Techniques used to conduct survey: The contract specialist sent Market Survey questionnaire and spreadsheet attachments through email. A Sources Sought notice was posted on beta.SAM.gov and completed research of past procurements in Records Management.

Types of information requested: The Market Survey incorporated a request for contractors to answer questions regarding business size and type of business (manufacturer vs dealer), option years (pricing and desirability), ability to comply with submission of cost or pricing data if required, Electronic Data Interchange (EDI) capability, commerciality, identity of components/materials as pricing drivers, NSN quantity ranges, delivery questions, minimum delivery order quantity requirements and consideration for environment emission reductions/energy efficiency.

Summary of Information Received: Federal Resources (1Q3Z9) responded on November 30, 2022. They stated that they are a small business distributor for Honeywell. They would prefer a one year base period. They stated that these were not commercial products.

Information received regarding the commerciality of the item(s): NSN 6665-01-573- 3571 was determined to be a commercial of a type product under solicitation SPE7LX-14-X- 0077. Per DFARS PGI 212-102(a)(iii)(D), the prior commercial determination shall serve as a determination for subsequent procurements.

Based on historical purchases, it is determined by the Contracting Officer this item is commercial and will be solicited using Federal Acquisition Regulation (FAR) Part 12- Acquisition of Commercial Products guidelines.

This requirement will be solicited utilizing FAR Part 12 “Acquisition of Commercial Products” as a Firm-Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract with one, one-year base periods and four possible option years. This NSN is not included in the First Destination Transportation (FDT) program, F.O.B. Origin and will be solicited as F.O.B.

Destination. The Inspection/Acceptance will occur at Destination. The vendors(s) are to be EDI or electronic mail capable.

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

SOLICITATION - SPE7MX-23-R-0034

PROJECT # CM22272003

CUI

[ 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 is: Federal Resources Supply Company (1Q3Z9).

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

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

The J&A for a non-competitive follow-on contract must include a copy of the previous justification (DFARS 206.304(a)(4)(S-70); PGI 206.303-2(b)(i)(B)). The J & A for solicitation SPE7MX-19-R-X065 is attached.

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.

Date

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ x ] Up to $750,000 Contracting Officer

[ x ] $750,000 to $15,000,000 Competition Advocate

LAUGHERTY.PATRICK.J.1250

703704

Digitally signed by

LAUGHERTY.PATRICK.J.1250703704

Date: 2022.12.13 11:43:00 -05'00'

SHEARER.MARY.E.1250702

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.12.13 12:52:56 -05'00'

SOLICITATION - SPE7MX-23-R-0034

PROJECT # CM22272003

Attachments:

1. NSN Data

2. Tech Cert

3. SPE7MX-19-R-X065 J & A