JandA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-21-R-0003

ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime is the contracting activity.

2. The action being approved is the acquisition of supplies for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis using FAR Part 15 procedures. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

3. The supplies required to meet the using activity's needs are described as follows:

NSN ITEM UNIT ADQ UNIT

PRICE ADV AMSC

5340-00-936-5284 Lever, Manual Control EA 858 C

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5YEAR) VALUE (BASE + 2 ONE YEAR OPTION):

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: Cargo System

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.

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as accurate by the Land Product Specialist on 1-14-2021.

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

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.

5. The sources listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on 1/14/2021, during the technical review these are currently the only sources approved to manufacture the item. The Product Specialist also certified that the supporting data is complete and accurate, in addition to the statement indicating that the approved source and AMC/AMSC codes are correct. The listed sources are the only sources that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

Sources:

NSN Description Approved

CAGE

Company Name Approved Part Number

5340-00-936-5284 Lever, Manual Control

(081X2)

Kratzke Machining & Fabricating 2002

5340-00-936-5284 Lever, Manual Control (92867) Orscheln Products

LLC 01-077500

5340-00-936-5284 Lever, Manual Control (92867) Orscheln Products

LLC 01332600

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

A Sources Sought Notice was posted to www.fbo.gov on 1/9/2021. No responses were received from the Sources Sought Notice.

The acquisition will be synopsized in Federal Business Opportunities on or about 1/28/ 2021 for 15 days prior to 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).

Dealers of the approved manufacturing sources will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Buyer researched SAP, the Material Master, MM03, IDS and coordinated with the Product Specialist.

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

o The item in this solicitation has been determined to be non-commercial. No catalog price is available and no un-redacted commercial invoice could be provided. The buyer did an online search for the NSN. There is no indication, through the OEM’s website, GSA Advantage website or others that the item is sold commercially. The EBS system under MM03 showed item as Blank. Statz Corp indicated that the item is non-commercial and the OEM, Kratzke Machining & Fabricating only sells to the military.

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.

10. A listing of sources indicating an interest in the acquisition is:

Statz Corp

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 30 days.

The solicitation will contain DLAD Procurement Note: L04-Offers for Part Numbered

Items.

The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for

Part Numbered Items.

12. All prior procurement history has been below SAT. Therefore, no prior J&A would be available.

CONTRACTING OFFICER 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.

Contracting Officer Date

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2021.01.28 10:36:29 -05'00'