JA6.3021CSPE7MX22RX037.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-X037

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 September 28, 2021, was provided by a SAPD Technician. The certification states that CLIN 0003 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 and for CLINs 0001 and 0002 the data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them (See Attachment 1 – Technical Certification). The approved sources of supply are the only companies known by the Government to possess the technical data necessary to manufacture these items. These items have been tested and proven to help to ensure the safety and enhance the performance of military, defense, and law enforcement professionals.

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

The following CAGEs and part numbers are the only sources that have been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services:

CLIN NSN Approved CAGE Approved Part Number 0001 2990-01-566-2605 Donaldson Company. Inc. (18265) M130140

Oshkosh Defense, LLC (75Q65) 3752833

0002 2990-01-576-3454 Donaldson Company. Inc. (18265) M130157-583-190 Oshkosh Defense, LLC (75Q65) 3774882

0003 4330-01-232-8305 Donaldson Company. Inc. (18265) P16-7154 Oshkosh Defense, LLC (75Q65) 1457440

Pall Industrial Hydraulics Corp. (64130) 1326147 Parker-Hannifin Corp. (05779) 929293

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 September 28, 2021. The technical data has indicated that these items have multiple approved sources.

The use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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 0003)

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid. (CLINs 0001 and 0002)

The approved sources listed for these items have been evaluated by the military services’ Engineering Support Activity and are currently the only source known that are uniquely qualified to provide these items. None of these items appear on an interchangeable catalog or a commercial cross reference list.

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

The acquisition will be synopsized on or about May 25, 2022, for 1 day prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

The approved manufacturers 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 not required, as the acquisition is being solicited as commercial under FAR Part 13.5. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

b. Commercial price comparison, 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 several dealers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on March 24, 2022, and closed on March 31, 2022.

No responses were received.

Market Research Conclusion:

Market Research was conducted on September 27, 2021. Responses were received from Brighton Cromwell (CAGE 3NNX8), Ruta Supplies (CAGE 0NJT4), SAIC (CAGE 79343), and Southern Automotive Wholesalers

(CAGE 1Y875).

Total number of vendors contacted via Market Research: 15 Names of vendors contacted:

Contractor CAGE Business Size Responded DONALDSON COMPANY 18265 Large No

OSHKOSH 75Q65 Large No PARKER-HANNIFIN CORP 05779 Large No

PALL INDUSTRIAL HYDRAULICS 64130 Large No SOUTHERN AUTOMOTIVE WHOLESALERS 1Y875 Small Yes – did not express interest

LYNN ELECTRONICS 19151 Small No BRIGHTON CROMWELL 3NNX8 Small Yes - interested

CAVANAUGH GOVERNMENT GROUP 5UY76 Small No JGILS 1N8T8 Small No

RUTA SUPPLIES 0NJT4 Small Yes – not interested BTMC CORP 7S526 Small No

PIONEER INDUSTRIES 66200 Small No KAMPI COMPONENTS 7Z016 Small No

SUPPLYCORE 4V314 Small No SAIC 79343 Large Yes – not interested

Techniques used to conduct survey: E-mail

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

Information received regarding the commerciality of the items:

The NSNs on this LTC project are determined to be commercial. Previous acquisition for CLIN 0003 (SPE7MX18D5010) was determined to be commercial and solicited utilizing FAR Part 13.5 procedures. The Market Survey respondents indicated that these items are commercial. The buyer conducted internet searches, commercial database searches, researched past procurements, etc. for CLINs 0001 and 0002. The buyer was not able to locate these NSNs online; however, these items common vehicle components with some modifications depending on the specific vehicle. These items could fall under the “Commercial Of A Type” definition in FAR Part 2, Subpart 2.1, Section 2.101: (ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Based on the above information, the Contracting Officer has determined that all items are commercial of a type.

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: (If none, so state)

Brighton Cromwell (CAGE 3NNX8)

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, both CLIN 0002 is currently on contract SPE7L321D61JB and CLIN 0003 is currently on contract SPE7MX18D5010. A Justification and Approval (J&A) for Other Than Full and Open Competition was not required for SPE7l321D61JB and SPE7MX18D5010.

Attachment:

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.

ANNA M. DOUGLASS, Date Contracting Officer

APPROVAL/CERTIFICATION

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

Date

Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

DOUGLASS.ANNA.

MARIE.1243838416

Digitally signed by

DOUGLASS.ANNA.MARIE.1243838416

Date: 2022.05.03 13:38 04 -04'00'

HOPSON.LILLI.A.123

0127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2022.05.16 18:30:19 -04'00'