JA6.3021CSPE7MX20D0066.pdf

PDF 366 KB Posted Jun 3, 2020

Attached to: PRESSURE SWITCH, THERMOSTATIC SWITCH, FLOW SWITCH
Solicitation number: SPE7MX20R0032
Issued by: Defense Logistics Agency Land and Maritime

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0032

FOR OFFICIAL USE ONLY

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

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

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

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

ITT Aerospace Controls LLC (CAGE 98087) is the only source approved by the design control activity because they are the only source that retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government and that data or knowledge is essential to maintaining the quality of the parts.

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 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. (CLINs 0001 – 0008)

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. (CLIN 0009)

Per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGE 98087 has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services. These items have been determined to be non-commercial. A technical review in support of a potential LTC was performed in March 25, 2019, and all NSNs were determined to be suitable for a long-term contract. The Product Specialists reviewed the technical information and certified it as complete and accurate on October 17, 2018.

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

The acquisition will be synopsized on or about December 4, 2019.

The solicitation will be posted to DIBBS for 30 days.

The manufacturer and dealers will be solicited.

In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

a. Certified Cost or Pricing data is not required, as the acquisition falls below the Cost or Pricing threshold of $2 million. These items will be solicited as Other Than Full and Open Competition. The buyer only intends to award the NSNs if fair and reasonable price determinations can be made.

b. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown.

7. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted suppliers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to FBO on November 6, 2019, and closed on November 13, 2019. No responses were received.

Market Research Conclusion:

Market surveys were conducted on: Market surveys were sent on September 24, 2019. One positive response was received.

Total number of vendors contacted: 12

Names of vendors contacted:

Name of Source CAGE Size Status Responded

ITT Aerospace Controls LLC 98087 Large Dela Technology Corporation 2U435 Small BDS Supply 33YQ3 Small JGILS LLC 1N8T8 Small Larkos Packing 6PZL1 Small Lynn Electronics 19151 Small JGB 61125 Small Howe Machine 65777 Small Hoosier Industry 0RCD8 Small Phoenix Trading Inc. 4LF36 Small TNL Sales 1XLG2 Small SIT Corportation 1MQB3 Small

Techniques used to conduct survey: E-mail

Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

Summary of information received:

Dela Technology Corporation (2U435) The following response was received from Dela Technology Corporation on September 26, 2019:

Women-Owned Small Business dealer offering the product of ITT Aerospace Controls LLC (98087)

Indicated that the items are not commercial

Information received regarding the commerciality of the item(s):

The Market Survey respondent stated that these items are not commercial. Prior acquisitions were conducted utilizing FAR Part 15 procedures. Additional research conducted online by the buyer did not produce any information to determine these items commercial. It has been determined that these items are not commercial.

8. 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: (If none, so state)

Dela Technology Corporation (CAGE 2U435)

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the recent contract history, prior awards did not require a J&A as the acquisitions were below the SAT threshold.

ATTACHMENT:

1 – Weapon System

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.

ANNA M. DOUGLASS, Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

MARY E. SHEARER, Date Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

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

DOUGLASS.ANNA.MARIE.12438384

Digitally signed by

DOUGLASS.ANNA.MARIE.1243838416

Date: 2019.12.03 08:25:10 -05'00'

SHEARER.MARY.E.125070

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.12.12 15:01:50 -05'00'

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File details come from the government source that posted it. Updated Jun 3, 2020.