Justification for Other Than Full and Open Competition SPE7L123R0011 reviewed_Redacted.pdf
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- Attached to
- NSN 6615-01-244-4250
- Solicitation number
- SPE7L124F7005
About this file
This document is a Justification for Other Than Full and Open Competition for Solicitation SPE7L123R0011, issued by the Defense Logistics Agency Land and Maritime.
The key details are:
The item being procured is NSN 6615-01-244-4250. Recent procurements for this item have been through sole-source awards to BAE SYSTEMS CONTROLS INC. at prices around $14,050 per unit. Market research did not identify any commercial pricing or additional sources capable of providing the item. The data rights and technical data are not available, limiting competition. A sources sought notice was posted with no additional responses. The procurement will be conducted as a firm-fixed price contract under FAR Part 15 procedures, rather than commercial item acquisition under FAR Part 12. The Contracting Officer and Competition Advocate have approved the justification for other than full and open competition up to $15 million.
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Text version
CUI
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLICITATION SPE7L123R0011
CUI
DLA Land & Maritime Justification for Other Than Full & Open Competition
(October 2020)
Controlled by: FLSC CUI Category:
PROCURE Limited Distribution Control:
FED ONLY POC: Thomas.Duffey@DLA.mil
8. Market Research/Efforts to Obtain Competition:
Market research consisted of review of past procurements, market surveys received from interested parties, Market surveys were sent BAE SYSTEMS CONTROLS INCCORP 89954 on NOV 18, 2022 with a respond by date of NOV 22, 2022.
Total number of vendors contacted: 1. Names of vendors contacted and responding: 0
Procurement history:
The most recent buy for this NSN was on 08/12/19. SPE4A519F01D1P00001 was awarded to BAE SYSTEMS CONTROLS INCCORP 89954 at $14,050.00 per unit. This price was determined Fair and Reasonable based on comparison to purchase history and was coded BF. There have been 5 purchases for this NSN since 2018. Previous purchases have all been extremely varied in quantity from 2 to 22 each. Per unit prices have been stable accounting for order quantity. Since 2018 the per unit price $14,050.00 for a total order quantity of 22This is a DLA direct item. In order to determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve and PPI. If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. Negotiations procedures may be used pending price analysis results and competition. Length of contract: A firm-fixed price contract will be issued.
Commercial Determination:
Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. General public is interpreted as individuals using such parts in a non- governmental or military capacity.
The SAP COTS status is blank status, no results were found on the GSA Advantage site.
Therefore, the Contracting Officer determines this item to be non-commercial. The Government is not utilizing FAR Part 12 procedures. The solicitation shall be issued pursuant to FAR Part 15 procedures. Synopsis will state that based upon market research, the Government is not using the policies contained in FAR Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.
A sources sought notice was posted on SAM.gov from 11/22/2022 to 11/30/2022. No responses from sources sought.
Market Survey [10 U.S.C. 2304(f)(3)(D)]
A market survey was conducted on: NOV 16, 2022 Techniques used to conduct survey: SAM.gov and e-mail and phone correspondence
Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity
Total number of vendors contacted: 1
Names of unresponsive vendors:
BAE SYSTEMS CONTROLS INCCORP 89954 P/N
Names of vendors and summary of information from responses: N/A
CUI
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLICITATION SPE7L123R0011
CUI
DLA Land & Maritime Justification for Other Than Full & Open Competition
(October 2020)
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)
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
12. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. The past three buys for this item were done as under SAT buys, therefore not requiring a 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.
Contracting Officer Date
Competition Advocate Date
APPROVAL REQUIREMENTS
[ X ] Up to $750,000 Contracting Officer [ X ] Up to 15,000,000 Competition Advocate
ATTACHMENTS (S): 1. Memorandum For Record Technical Data Supporting Certification
WHITING.MONIC
A.L.1378381815
Digitally signed by
WHITING.MONICA.L.137838181
Date: 2022.12.13 13:36:52 -05'00'
SHEARER.MAR
Y.E.1250702449
Digitally signed by
SHEARER.MARY.E.1250702449
Date: 2022.12.22 15:11:25 -05'00'
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