Justification for Other Than Full and Open Competition (corrections 5_23-24)_NL_v2_ALT-COMPAD.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION >SPMYM224Q1094

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

CUI

[ X ] ORIGINAL

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

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

BRIEF DESCRIPTION P/N QUANTITY EST. VALUE AMSC

INTAKE SILENCER

ARRANGEMENT 2A,

JML 4037-5922

30081-234-1003 1 $334,396.00 R

INTAKE SILENCER

ARRANGEMENT 2B,

JML 4037-5923

30081-234-1004 1 $542,860.00 R

*If too numerous, attach list of NSNs and AMSC codes

Identify end item, weapon system, or class of item: Main Propulsion Gas Turbine Module (GTM) Cooling Air Intake Silencer

ESTIMATED BASE VALUE

$877,256.00

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

$877,256.00 (No extra options necessary)

MAXIMUM CONTRACT VALUE

N/A

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING

No extra options necessary.

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

Brief narrative supporting the situation and weapon system:

Controlled by: DLA Land and Maritime Controlled by: [Strategic Acquisition Support Division]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY POC: [Naomi Larson, naomi.larson@dla.mil]

SOLICITATION > SPMYM224Q1094

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI

The replacement of the Special Feature for the Arleigh Burke class ship is a direct form, fit, and functional replacement for the original shipboard unit. All components and parts to manufacture the Special Feature are proprietary to Trident Maritime Systems. Other vendors do not have access to the OEM proprietary information and drawing information. Due to the highly complex nature of the combination of material, Trident Maritime Systems. is the only company authorized to manufacture the Special Feature as it is designed by NAVSEA. The function of the Special Feature is mandatory for the proper working order of the Main Propulsion Gas Turbine Module (GTM) Cooling Air Intake Silencer. Proper working of this system is mandated by NAVSEA for all Arleigh Burke class ship.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: 0V369.

Manufacturer: Trident Maritime Systems.

Mfg Address: 2601 Cleveland Ave. Suite A, Marinette, WI 54143 POC: Aderman, Cindy, Phone: (906)779-8165

The use of the authority cited is based on:

[X] AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer. This is the first time DLA has procured this item.

[ X ] 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. The replacement of the intake silencer arragngement for Arleigh Burke class ship is a direct form, fit, and functional replacement for the original shipboard unit. ALL components and parts to manufacture the Special Feature are proprietary to Trident Maritime Systems. Other vendors do not have access to the OEM proprietary information and drawing information. Due to the highly complex nature of the combination of materials, Trident Maritime Systems is the only company authorized to manufacture the Special Feature as it is designed by NAVSEA.

[X ] Other:(Explain) Sole source is based on proprietary data only available to the OEM.

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

[X ] The acquisition will be synopsized on or about 5/20/24, will be posted to SAM.GOV for 15 days.

SOLICITATION > SPMYM224Q1094

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI

[ ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain)

[ X ] Other. (Explain) Mandatory sources (GSA, AbilityOne, EPA, Unicor) were vetted, none being capable.

Buyer on line market research at GSA, SBA, SPDS, FPDS, and Google found a variety of intake silencer arrangement suppliers & vendors, however none found were comparable or compatible to the required / requested intake silencer arrangement for this requested sole source requirement. OEM / MFR Trident Maritime Systems, a large business (cage code 0V369) owns the proprietary drawings, markings, technical data and material specifications for requested material. NAICS Code 333611 for the required material is currently on the NMR Waiver List, therefore the non manufacture rule applies for this requirement. All drawings, markings, technical data and material specifications are proprietary to OEM / MFR,Trident Maritime Systems. Buyer posted a Sources Sought to SAM.GOV from 3/20/24-4/2/24, with no responses.

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

Given the complexity and essential nature of the intake silencer arrangement, the price is considered reasonable. With manufacturing knowledge of OEM design could easily double the OEM supplied time. Based owning the data rights on the information available, the government would not attempt to develop competitive specifications for the special feature. To do so would be time constraint. Buyer will utilize prices in comparison to similar items in the marketplace to determine a fair and reasonable price.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Trident Maritime Systems is the mandated provider for the Arleigh Burke class ship for the intake silencer arrangement as specified in the drawing. The proprietary information for the manufacturing on this OEM part is only able to be manufactured by Trident Maritime Systems. As necessitated by NAVSEA. The proprietary information affects fit up, installation, compatibility, and functionality of the intake silencer arrangement for the Main Propulsion Gas Turbine Module (GTM) Cooling Air Intake Silencer. A new company design and manufacture a similar unit from scratch could easily conflict the specified design from Trident Maritime Systems. Based on the information available that Trident owns the proprietary information, the government cannot develop competitive specifications for the intake silencer arrangement at this time. Although there are other intake silencers in the commercial marketplace, none will meet the needs of the shipyard as they are not a direct form, fit & functional replacement for the original shipboard unit.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X ] A market survey was conducted on/during 11/01/2023.

Total number of vendors contacted: 1.

Names of vendors contacted and responding: Trident Maritime Systems. (Aderman, Cindy).

Techniques used to conduct survey: email correspondence 11/01/2023.

Types of information requested: Authority, capacity, authorization to manufacture the intake silencer arrangement as designed by NAVSEA for Arleigh Burke class ship.

SOLICITATION > SPMYM224Q1094

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI

Summary of information received:

Additional information received from (Aderman, Cindy) as follows: The vendor is a large business, who prefers to quote directly to government. Trident Maritime Systems is independent for the OEM. The requested material is not in currently. The item is only sold to government customers.

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

The item meets the commercial item definition in FAR 2.101. The intake silencer arrangement is found to be of a type customarily used by the general public. Buyer found similar intake silencer arrangement available in the commercial marketplace when conducting market research online. The previous contract found on FPDS:

DAAE0702DN030, ordered similar intake silencer arrangement with the total $4,691,205 was awarded to large business Magellan Aerospace Corp., cage code (7EQP4), registered in SAM.

9. Additional facts supporting other than full and open competition are:

[X] Based upon the attached technical certification, 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.

[X ] Other: (Explain) Market research consisted of interactions with industry participants, and input from government subject matter experts.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Trident Maritime Systems. (Aderman, Cindy).

11. The following actions are being taken to identify additional sources: The end user does not have access to previous contracts.

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. This is a first-time procurement, no prior J&A exists to include with the file. See IAW DFARS PGI 6.3

I certify that statements checked, and information provided above, are complete and correct to the best of my knowledge and do not contain classified information. I understand that the processing of this sole-source justification precludes the use of full and open competition.

_04/09/2024

Signature Activity (Technical Cognizance) Date

C/242.1 Mechanical Engineering Technician Title

I hereby certify that the information contained in this justification is accurate and complete to the best of

SOLICITATION > SPMYM224Q1094

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

CUI

my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X ] $750,000 to $15,000,000 Competition Advocate Attachment(s): NONE