JA SPE7MX23RX047.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23RX047

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZCA

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

POC: TRACY.ROBERTS@DLA.MIL

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services 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:

BRIEF DESCRIPTION NSN/P/N EST. ANNUAL QUANTITY EST. ANNUAL VALUE AMSC

PUMP, HYDRAULIC RAM 4320003031088 612 EACH C

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

Weapon Systems

MISSILE, MINUTEMAN III, LGM-30

AIRCRAFT, STRATOFORTRESS B-52

HELICOPTER, CHINOOK, CH-47

AIRCRAFT, STRATOLIFTER C/KC-135

AIRCRAFT, HERCULES C-130

AIRCRAFT, TOMCAT F-14

AIRCRAFT, GALAXY C-5

AIRCRAFT, HAWKEYE E-2C

AIRCRAFT, EAGLE F-15

HELICOPTER, IROQUOIS HH/UH-1

AIRCRAFT, THUNDERBOLT II, A-10

AIRCRAFT, F-16

HELICOPTER, KIOWA OH-58 A&C

MISSILE, AIR LAUNCH CRUISE (ALCM) AGM-86B

HELICOPTER, BLACK HAWK UH-60A, UH-60L,

HH/UH-60M, UH-60V

AIRCRAFT, HORNET F/A-18

HELICOPTER, LAMPS MARK III, SH-60B

TA-4J AIRCRAFT

AIRCRAFT, HARRIER AV-8B

AIRCRAFT, HERCULES C-130F

SOLICITATION SPE7MX23RX047

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

AIRCRAFT, HERCULES KC-130

AIRCRAFT, ORION P-3

HELICOPTER, HH-60

SUPPORT EQUIPMENT, C-5 AIRCRAFT

SUPPORT EQUIPMENT, C-135 AIRCRAFT

SPECIAL, COMMON GROUND EQUIPMENT, AGE

MIDS JTRS AN/USQ190

AIRCRAFT, SOF (AC-130H, AC-130J, AC-130U, EC-

130E, EC-130H,

AIRCRAFT, C-2A (REPROCURED)

HELICOPTER, H1 ALL VERSIONS

HELICOPTER, MH-53E

AIRCRAFT, AIRLIFTER C-17A

HELICOPTERS CH-53

SUPPORT EQUIP, C-17A AIRCRAFT

E2/C2 ALL SERIES AIRCRAFT

HELICOPTER, CARRIER BASED ASW, SH-60F

HELICOPTER, SEARCH AND RESCUE, HH-60H

HELICOPTER, USCG SEARCH AND RESCUE, HH-

60J

CONSOLIDATED GROUND SUPPORT EQUIPMENT

RADAR SYSTEM AN/VPQ-1

JOINT STARS TARGET RADAR SYSTEM

U-2 AIRFRAME

U-2 SUPPORT EQUIPMENT

REAPER MQ-9 AND MQ-1 PREDATOR -

UNMANNED AERIAL VEHICLE

SPECIAL, MISC. SPARES, RADAR

TEMP WSDC ASSIGNED BY DLA FOR PBL

SUPPORT JOINT STRIKE FIGHT

HELICOPTER, ELECTRONIC

COUNTERMEASURES, EH-60A

HELICOPTER OBSERVATION (AHIP), OH-58D

HELICOPTER, SEAHAWK, H-60

AIRCRAFT, F/A-18, A - D, E/F, G (GROWLER)

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

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

[X] 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:

SOLICITATION SPE7MX23RX047

DLA Land & Maritime Justification for Other Than Full & Open Competition

The use of the authority cited above is supported by the Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN listed below in section 5, which was confirmed as complete and accurate by the Strategic Acquisitions Program Directorate (SAPD) Product Specialist on 4/4/23 during the technical review of the NSN for placement on this long-term contract initiative. See attachment #1, MFR Technical Data Certification.

The source listed in the table below in section 5, confirmed by the SAPD Product Specialist 4/4/23 during the technical review of the NSN for placement on this long-term contract initiative, is currently the only source with the necessary qualifications, ability, and approval to manufacture the item. The listed source is the only source that possess the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function, and quality.

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

CAGE NAME PART NUMBER

26952 ACTUANT CORPORATION P307-2

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved 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.

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

[X] The acquisition was synopsized on 5/30/2023.

[X] Other. (Explain) Solicitation will be posted to DIBBS on or about 6/16/2023 for a period of at least 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

SOLICITATION SPE7MX23RX047

DLA Land & Maritime Justification for Other Than Full & Open Competition

A Sources Sought Notice was posted for seven days to www.SAM.gov on 4/17/23. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return. Potential sources would be added to the solicitation mailing list. No responses were received from the notice.

Market Survey [10 U.S.C. 3204(e)(2)(D)], was conducted:

A market survey questionnaire was emailed to the approved source Actuant Corp., CAGE 26952 on 4/4/24 requesting the following information relative to the company and the item to be procured:

Company size and type.

Interest in submitting an offer for a long term contract.

Familiarity with and willingness to provide Certified Cost or Price Data (CCPD).

Commerciality of the item.

Delivery information.

Actuant Corp. responded with a completed market survey on 5/10/23. Summary of information it provided:

Large business manufacturer. It is in the process of changing its name from Actuant Corp. to Enerpac Tool Group. The CAGE 26952 will remain the same.

It is interested in supplying the item on a long-term contract.

Considers the item to be commercial in accordance with FAR 2.101.

Additional market research conducted by the Acquisition Specialist:

Researched item on-line via the internet for commercial availability. The item was found for sale on the internet via a request for quote. The item was not found on any GSA contracts when researching the GSA web site.

Reviewed previous procurement of the item for acquisition information. The NSN was previously procured under other than full and open competitive procedures on long term contract SPE7MX19D5020.

See attachment #2 for the Justification and Approval (J&A) of the previous procurement. The previous contract was solicited unrestricted utilizing FAR 13.5 commercial procedures. The Contracting Officer determined the item commercial through market research and assistance from DLA Land & Maritime Price Office and the DCMA Commercial Item Group. The DCMA CIG recommended it found the item to be commercial of a type in accordance with FAR 2.101 Commercial Item paragraph (1)(ii):

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and—

(ii) Has been offered for sale, lease, or license to the general public.

SOLICITATION SPE7MX23RX047

DLA Land & Maritime Justification for Other Than Full & Open Competition

Based on the market research conducted, the item to be solicited against subject solicitation has been determined to be commercial and will be procured under FAR 13.5 procedures.

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

[X] Based upon the attached technical certification, 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: During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and the Strategic Acquisition Programs Directorate (SAPD) Product Specialist for review; no additional sources were identified during those reviews.

10. A listing of sources, if any, indicating an interest in the acquisition is: Actuant Corp., CAGE 26952.

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 [X] Other: Forecast information is available to all potential sources for both sole source and competitive items.

The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

12. Upon review of the prior J&A attached and its associated procurement, it was found the actions under the previous solicitation were accomplished as stated in the J&A. No alternate offers were received.

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.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

ROBERTS.TRAC

Y.S.1230171781

Digitally signed by

ROBERTS.TRACY.S.123017178

Date: 2023.06.01 16:11:50 -04'00'

SOLICITATION SPE7MX23RX047

DLA Land & Maritime Justification for Other Than Full & Open Competition

Competition Advocate Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

Attachment(s):

1. MFR Technical Data Certification

2. J&A of Previous Procurement SPE7MX19D5020

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.06.07 09:52:16 -04'00'