JASPE7MX19R0173.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX19R0173

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

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 supplies needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.

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

Jered LLC. CAGE 98523

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.

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.

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.

Jered LLC. is the only source that is known to have the data rights to manufacture this item. Mr.

, an SAPD Product Specialist did a technical review on 02/14/19. Based on his review he states that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than the current sources (Jered LLC CAGE 98523). He also states the rights needed to purchase this part from additional sources are not owned by the Government and cannot be purchased.

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

The acquisition was synopsized on or about 11/06/19.

A sources sought notice was posted on FedBizOps from 09/10/19 to 09/17/19 with no responses received.

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

This will be a five (5) year, firm fixed price, Indefinite Quantity Contract (IQC). The five year period is inclusive of a three (3) year base period, and two (2) separately priced, one (1) year option periods. There is not expectation of competition as there is only an expectation of receiving an offer from the sole source OEM. The Contracting Officer will obtain Certified Cost/Pricing Data and the DCMA/DCAA and the Pricing Office will provide support for a reasonableness determination.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during 09/10/19-11/1/19

MARKET RESEARCH SUMMARY

The 11 NSNs on this project, all have Jered LLC. (CAGE 98523) as the approved source. As a result of market research Burro-Badger Corp (CAGE 95823) was removed as an approved source for NSN 4810014680827 as Burro-Badger Corp appears to be out of business. There is no record in SAM and there is no presence on the internet.

Initial Market Research completed from October to December 2018 did not return any positive responses from dealers or other potential sources of supply. The market research performed on this same effort in September to November 2019 produced the same result. A sources sought notice was posted on 09/10/19 with a closing of 09/17/19. There were no responses.

Jered LLC. stated they do not sell to dealers will submit an offer directly. Jered stated they understand the CCPD requirements. The buyer researched previous procurements with Jered and they have provided CCPD in the past. Therefore, based on communication with Jered, a preproposal conference was not held. They state these items are not commercial as they are the manufacturer and they only sell these items to the military.

Jered is part of the PaR Marine group and has a long legacy of providing engineered equipment and systems for defense, commercial, and industrial applications. PaR Marine focuses on providing marine customers with specialty equipment, cargo handling systems, and deck machinery while combining its strong engineering with comprehensive heavy fabrication capabilities.

Through organic and acquisition growth, PaR Marine has developed its expertise to secure a leading position in the marine machinery field. Acquisitions include businesses which provide specialized on-board equipment for Navy ships such as NETEC, Unidynamics, and American Heavy Industries, and the composite technology COMFIRE® for passive fire protection in marine applications with Marine Systems Technology.

PaR Marine’s experienced staff includes design engineering, program management, production control, and quality assurance with Level II and III NDT technicians, material management, welding engineers, certified welders, test engineers, technicians and field service engineers.

Certified ISO 9000-2015; MIL-I-45208A and MIL-Q-9858A compliant. NAESA International QEI certified field service technicians. -https://www.par.com/marine/jered-llc/

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) Jered LLC CAGE 98523

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.

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

WATSON.CAROLI

NE.R.1299372142

Digitally signed by

WATSON.CAROLINE.R.1299372

Date: 2019.11.21 14:37:18 -05'00'

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2019.11.22 15:12:36 -05'00'