JA6.3201CSPE7LX23RX013.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-X013

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 4, 2022, was provided by a SAPD Technician. The certification states that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s) (CLINs 0001 and 0002) and 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 (CLINs 0003 and 0004). DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. These items are to be procured from the approved sources, Fincantieri Marine Systems (CAGE 0VP52) and Isotta Fraschini Motori Spa (CAGE A0106) (See Attachment 1 – Technical Certification). These are the only companies 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:

The following CAGEs 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 Source (CAGE) Approved Part Number 0001 2910016956989 Fincantieri Marine Systems North (0VP52) 359038M91 0002 2940015351558 Fincantieri Marine Systems North (0VP52) 706-550-530 0003 2940015351561 Fincantieri Marine Systems North (0VP52) 706-550-531 0004 2940151802381 Fincantieri Marine Systems North (0VP52) 1R349870LA

2940151802381 Isotta Fraschini Motori Spa (A0106) 1R 349870LA 2940151802381 Isotta Fraschini Motori Spa (A0106) S9233-DS-MMC-010 7-37-4

The approved CAGEs 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 4, 2022. The technical data has indicated that these items are limited to Fincantieri Marine Systems and Isotta Fraschini Motori Spa, as the sources. They are the only sources known that are uniquely qualified to provide these items.

The use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time. (CLIN 0004) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer. (CLINs 0001-0003)

The use of the authority cited is based on:

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 0001 and 0002)

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 0003 and 0004)

2910-01-695-6989 This item has an AMC/AMSC of 3D. The approved source is the only source capable of making this item. The Government does not have the data; the approved source is the only source known to possess the data to acquire the part from other than the approved source. There are not currently 339’s out to the ESA. This item supports the Avenger Class MCM and Ship’s Service Diesel Generator LCS ODD. This is a parts kit which contains such items as hoses, valves, connectors, bushings, clamps, and accessories for the repair of a fuel system. Although there may be other commercial parts kits with the same function for diesel generators, it is essential that the Government procure only the part number manufactured by Fincantieri Marine Systems because it varies in dimension from other commercial items with a parts kit. The dimensional variances allow the filter to perform in military specific platforms.

2940-01-535-1558 This item has an AMC/AMSC of 3D. The approved source is the only source capable of making this item. The Government does not have the data; the approved source is the only source known to possess the data to acquire the part from other than the approved source. There are not currently 339’s out to the ESA. This item supports the Avenger Class MCM and Isotta Fraschini 6 Cylinder Diesel Engine. This is a critical application item. This is a replaceable device designed to remove solid particles from fluids ranging in density from heavy liquids to gases.

The removal of particles is accomplished by porous material (metallic or non-metallic), stacked disks, wound wire, or the like, constructed so the fluid can flow through the device while the solid particles are retained. It may be designed to fit into a filter, fluid (or similar cavity), or it may have an integral outer casing and mounting facilities and be designed to connect directly to an engine, compressor, or the like. The degree of removal of particles must be nominally rated at less than 50 microns or absolutely rated at less than 75 microns. Although there may be other commercial filters with the same function for diesel engines, it is essential that the Government procure only the part number manufactured by Fincantieri Marine Systems because it varies in dimension from other commercial filters. The dimensional variances allow the items in the parts kit to perform in military specific platforms.

2940-01-535-1561 This item has an AMC/AMSC of 3R. The approved source is the only source capable of making this item. The Government does not own the data for this item and only the approved source is known to own the data. There are not currently 339’s out to the ESA. This item supports the Avenger Class MCM and Isotta Fraschini 6 Cylinder Diesel Engine. This is a critical application item. This is a replaceable device designed to remove solid particles from fluids ranging in density from heavy liquids to gases. The removal of particles is accomplished by porous material (metallic or non-metallic), stacked disks, wound wire, or the like, constructed so the fluid can flow through the device while the solid particles are retained. It may be designed to fit into a filter, fluid (or similar cavity), or it may have an integral outer casing and mounting facilities and be designed to connect directly to an engine, compressor, or the like. The degree of removal of particles must be nominally rated at less than 50 microns or absolutely rated at less than 75 microns. Although there may be other commercial filters with the same function for diesel engines, it is essential that the Government procure only the part number manufactured by Fincantieri Marine Systems because it varies in dimension from other commercial filters. The dimensional variances allow the filter to perform in military specific platforms.

2940-01-535-1561 This item has an AMC/AMSC of 1R. The approved source(s) are the only source(s) capable of making this item.

The Government does not own the data for this item and only the approved source(s) are known to own the data.

There are not currently 339’s out to the ESA. This item supports the Avenger Class MCM and Ship’s Service Diesel Generator LCS ODD. This is a replaceable device designed to remove dust, pollen or other foreign matter from the air passing through it. Although there may be other commercial filter housing assemblies with the same function for diesel generators, it is essential that the Government procure only the part numbers manufactured by Fincantieri Marine Systems and Isotta Fraschini Motori Spa because it varies in dimension from other commercial housing assemblies. The dimensional variances allow the filter housing assembly to perform in military specific platforms.

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 November 15, 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 source 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

I/A/W FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. 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 past awardees from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on October 18, 2022, and closed on October 25, 2022. No responses were received.

Market Research Conclusion:

Market Research was conducted on September 26, 2022, with a follow-up response sent on October 18, 2022.

A response was received from Southern Automotive Wholesalers, Inc. (CAGE 1Y875).

Total number of vendors contacted via Market Research: 2 Names of vendors contacted: Fincantieri Marine Systems (0VP52) and Southern Automotive Wholesalers (1Y875).

Contractor CAGE Business Size Responded Fincantieri Marine Systems 0VP52 Large No

Southern Automotive Wholesalers 1Y875 Small Yes

Techniques used to conduct survey: E-mail

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

Summary of information received:

Southern Automotive Wholesalers, Inc. (1Y875)

On October 27, 2022, Tom Tyson responded to the Market Research with the following information:

Small business dealer Interested in LTC

Indicated that the item is not commercial

Estimated delivery of (CLIN 0001) and (CLIN 0004)

Information received regarding the commerciality of the items:

The Government made an extensive market research to determine the commerciality of the items. The buyer conducted online research for each of the items and was able to locate all of the items on Fincantieri Marine Systems online parts catalog. The buyer also reviewed the commercial determinations of past procurements.

Previous acquisition (SPE7L219D0001) was determined to be commercial and solicited utilizing FAR Part

13.5 procedures. The conclusion of the research is that all of the items are commercial.

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)

Southern Automotive Wholesalers, Inc. (1Y875)

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, CLINs 0002 and 0003 are currently on contract SPE7L219D0001. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7L219D0001 (Attachment 2) is included.

Attachments:

1 – Technical Certification

3 – SPE7L219D0001 J&A

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 .

Competition Advocate Date

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: 2022.12.15 10:30:14 -05'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.12.20 11:34:40 -05'00'