JA6.302-1SPE7LX20R0188.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-20-R-0188

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

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.

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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.

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

a. The acquisition will be synopsized on or about October 29, and will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System

(DIBBS).

b. Alternate offeror’s will be evaluated and forwarded for approval to the ESA.

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

Past procurement, history will be reviewed and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis;

analysis of the prices in the commercial market place plus other than cost or pricing data will be request if needed.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.”

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed these NSNs for the project during project creation, and no new sources were found.

A Sources Sought notice was posted July 29, 2020, in Beta.SAM.GOV for 10 calendar days to find potential sources for these NSNs and no response were received from companies interested to be manufacturers for these items.

b. For item with an AMCS of D, the solicitation will contain Procurement Note L04 – Offers for Part Numbered Items, which increases competition by permitting the considerations of alternate offers.

Market Survey [10 U.S.C. 2304(f) (3)(D)]: A market survey was conducted on/during 4/29/2020 – 8/5/2020.

Total number of vendors contacted: 5________________________________.

Names of vendors contacted:

1. 4Drive Line (0GE52)

2. Dreamfind (1V4T7)

3. Pioneer Industries (66200)

4. Seats Incorporated (09704)

5. Kampi Components (7Z016)

Total number and names of vendors that responded to market survey: 5

1. 4Drive Line (0GE52): No response to the market research

2. Dreamfind (1V4T7): No response to the market research

3. Pioneer Industries (66200): No response to the market research

4. Seats Incorporated (09704): No response to the market research

5. Kampi Components (7Z016): Interested in a LTC

Techniques used to conduct survey: emails, Beta.Sam.Gov, Market survey questionnaire and attachment and follow-up phone calls.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received: The Acquisition Specialist attempted to conduct market research with the companies listed above to assess their interest and capability to perform and only one company indicated an interest which were: Kampi Components (7Z016).

Company Name

CAGE

CODE

Business

Size

KTR

Interested in an LTC

Base Years w/ Annual Price Adjustments

Option Years

KTR PREFERS

A FIRM FIXED

PRICE

CONTRACT

KTR WILL

PROVIDE COST &

PRICING DATA IF

REQUIRED

Commercial Items

4Drive Line 0GE52 Small No Response - Dreamfind 1V4T7 Small No Response -

Pioneer Industries 66200 Small No Response - Seats Incorporated 09704 Large No Response -

Kampi Components 7Z016 Small Yes Yes

Commercial Determination: The response to the market survey from Kampi Components indicates that these items are commercial but per FAR 2.101 (b) the items in this solicitation has been determined to be non- commercial. The following factors that have led to these conclusions are:

A search of the internet for these items was unsuccessful.

Items are not commercially price listed.

NSNs are not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of these items are to sustain numerous critical weapon system platforms and their supporting equipment. As such, these items has strict configurations and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The Acquisition Specialist checked the GSA Schedule for these NSNs and no information was found.

Therefore, it is the determination of the contracting officer that these items are not commercial and FAR Part 15 will be applied to the solicitation.

9. Additional facts supporting other than full and open competition are: 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: Kampi Components (7Z016) was the only company that responded to the market survey and expressed an interest in the acquisition. As such, this company will be in the solicitation mailing list.

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

12. The Buyer searched the previous award listed in the contract history in Records Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304, and was able to locate Justifications for contract# SPE7LX18D0095, which 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 $700,000, this signature serves as the approval.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] $700,000 to $13,500,000 Competition Advocate

CARABALLO.EDWIN.1253443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2020.10.14 13:04:30 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.10.22 10:22:57 -04'00'