JA6.3021CSPE7MX22R0070.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-0070

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

4. 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. Technical certification dated October 15, 2021, was provided by a SAPD Technician. The certification states that CLIN 0001 requires engineering source approval by the design control activity in order to maintain 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. For CLINS 0002-0004, the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s).

These items are to be procured from the sole source manufacturer, Griswold Industries (See Attachment 1 – Technical Certification). Griswold Industries is the only company known by the Government to possess the technical data necessary to manufacture these items.

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

Griswold Industries (CAGE 86184) part numbers 1694401K (CLIN 0001); 60346-01C (CLIN 0002); 15621- 01E (CLIN 0003); 206503 ITEM NO 2, 206503PG3 P/N 207759-01D, and 207759-01D (CLIN 0004) is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services.

The approved CAGE and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on October 15, 2021. The technical data has indicated that these valve components are limited to Griswold Industries, as the source. They are the only source know that is uniquely qualified to provide these items.

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. (CLIN 0001)

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. (CLINs 0002-0004)

The approved source listed for these items has been evaluated by the military services’ Engineering Support Activity and is currently the only source known that is uniquely qualified to provide these items.

Griswold Industries (CAGE 86184) is the only known approved source to manufacture these items. None of these items appear on an interchangeable catalog or a commercial cross reference list. Griswold Industries (CAGE 86184) is the only source known to possess the technical data and manufacturing capability to manufacturer the items needed to meet the requirements of the service.

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

The acquisition will be synopsized on or about April 1, 2022, for 15 days prior to the solicitation opening. At the completion of the synopsis period, this LTC will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

The sole source manufacturer will be solicited.

Dealers will be solicited.

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

a. Certified Cost or Pricing data is required. There is not an expectation of competition amongst manufacturers competing independently in response to the solicitation’s expressed requirements. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.404-1. Buyer intends to award an NSN if a fair and reasonable price determination can be made.

b. Price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown will be used to evaluate the price.

8. 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.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the sole source and twelve dealers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on February 24, 2022, and closed on March 3, 2022.

No responses were received.

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 contract history, CLIN 0001 is currently on contract SPE7MX18D0086. This LTC did not require a J&A, as the item had an AMC/AMSC of 1G. The other CLINs have been procured under SAT.

Attachments:

1 – Technical Certification

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.

MEGAN M. SAYLOR, 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

[ ] Up to $750,000 Contracting Officer

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

SAYLOR.MEGAN.

M.1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2022.03.30 13:45:38 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.04.12 14:43:12 -04'00'