JA SPE7MX22R0126 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX22R0126

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020) 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.

There is a total of one (1) source authorized to provide this item to the Government. The Original Equipment Manufacturer (OEM) The Entwistle Company is the sole source listed as approved source. There is no record of other sources being ever approved for the sourcing of this NSN. No other source is showing as deleted or blocked in the Master Data file. The Entwistle Company has been awarded multiple times for the item. Per the Product Specialist, this item is restricted to the source specified. The Department of the Navy Engineering Support Activity (ESA) has identified The Entwistle Company (20722) as the only source that retains the technical data rights and manufacturing knowledge for Part Number EJ-51116, and that the technical data is not economically available to the Government, and that the data or knowledge is essential to maintaining the quality of this critical application item. The OEM stated that the item has two motor controllers, which are a crucial component of the item assembly.

Such motors come from a Navy Sole Source Approved vendor. The last technical review of this item was conducted on 03/14/2022. It was determined the item must still be source controlled. The Product Specialist confirmed the AMC/AMSC coding was complete and accurate. There are no open ESA 339 referrals. No additional sources of supply were identified. The Government posted a Sources Sought on Sam.gov in an effort to identify any alternate sources. No new sources have shown interest or have been identified that can meet the design control activity’s procedures, as approved by the cognizant Government engineering activity.

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of the unique qualifications of The Entwistle Company to justify the use of 10 USC 2304(c)(1). Per the technical review conducted for this NSN on 3/14/2022 and the market research, the source listed above is the only source to possess the requisite rights to technical data necessary to manufacture these items to military specifications. Items which service WSDC JDN - ARLEIGH BURKE CLASS DDG (guided missile destroyer) have not been modified for the commercial marketplace. The attributes of the NSN, like performing Underway Replenishment at Sea (UNREP) on either side of the ship, are specifically design for the military and are unique in nature.

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

[ X ] The acquisition is being synopsized for 15 days since 10/17/2022.

[ X ] Other. (Explain) - Sources sought was posted on SAM.gov from 04/18/2022 to 04/26/2022. One response received on 4/19/2022 from sole source OEM The Entwistle Company (The Entwistle Co.).

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

Certified Cost and Pricing data is and will be required, as the acquisition is above the Truth in Negotiations Act (TINA) threshold of $2M. The buyer only intends to award the NSN if a fair and reasonable price determination can be made. The basis for the Government’s fair and reasonable price determination is anticipated to be price analysis based on certified cost and pricing data (CCPD). Such data should be obtained and audited by the Defense Contract Management Agency. The DLA Pricing Office will analyze the data and prepare and advisory report for the Contracting Officer. The procured item has been historically sourced exclusively from the OEM. The price of the item is . The Contracting Officer conducted a pre-solicitation conference, in which the president, the CEO and the CFO expressed being comfortable and familiarized with CCPD. The Entwistle Company submitted CCPD for the last contract SPE7MC-21-C-0003, Price Reasonable Code (PRC) of BF, indicating the price was determined reasonable based on price analysis using CCPD. All other contracts have a PRC of BG, indicating the use of contract history to analyze the price, or BI, indicating the use of price analysis to determine reasonableness.

8. Market Research/Efforts to Obtain Competition:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX22R0126

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

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.

_________________________________________ 10/2 /2022 Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

Head of Contracting Activity (HCA) Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

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

[ X] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachments:

1) Technical certification

2) J&A of contract SPE7MC-21-C-0003

BROOKINS.NORM

A.V.1402247289

Digitally signed by

BROOKINS.NORMA.V.14022472

Date: 2022.10.28 15:39:21 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2022.11.14 14:21:07 -05'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.104117

Date: 2022.11.15 07:38:00 -05'00'