Redacted_CUI_struckthrough_JA_SPE7MX23R0047.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-23-R-0047

[X] ORIGINAL

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

1. The Defense Logistics Agency, DLA Land and Maritime, is the conti·acting activity.

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

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

ANNUAL EST. ANNUAL

DEMAND DEMAND

BRIEF DESCRIPTION NSN PIN UANTITY VALUE* AMC AMSC

Relay, Lantern

44291 / PN 12360

or 9F443 / PN

5945-01-667-4991 12364-1 2,944 1 Year Base Period Estimated Value =

3 Year Estimated Value = Contract Maximum=

*Calculated using stated unit price from market survey

Estimated value and conn-act duration:

1 C

The proposed action is for the solicitation and award of a three-year, Fiim-Fixed-Price, Indefinite Delive1y Indefinite Quantity type conti·act. The three-year period includes one (1) one-year base period and two 2 se arately priced one-year option periods. The one-year base period estimated value is , and the base p~o option years' estimated value is . T e conti·act maximum is - ·

Identify end item, weapon system, or class of item:

The NSN is associated with the attached list of Naval surface and subsurface ships - see attachment #1 , CM22306001 WSDC. The NSN has a highest WSDC of EXN (Los Angeles-class submarines) and is designated as a critical application item. This NSN is a replaceable electi·ical relay that allows both manual and automatic lanterns installed on the various vessels to operate to provide light when needed in the dark. The lanterns can be either hand-held or installed as stationa1y.

4. The statuto1y authority pe1mitting other than full and open competition is:

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

5 . Acquisition is resu-icted only to the following source(s) of supply for all items:

CAGE 44291 / U.S Pioneer, L.L.C. PIN 12360 CAGE 9F443 I Jay Moulding Cmporation PIN 12364-1

The use of the authority cited below:

Controlled By: DLA Land and Maritime Controlled By: DSCC-ZBB

CUI Category: SSEL Distribution/Dissemination Control: FEDONL Y

POC: Carol Bucher, 614-692-4221 DLA Land & Maritime Justification for Other Than Full & Open Competition

Source Selection lnfonnation - See FAR Part 2.101 and 3.104.

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SOLICITATION SPE7MX-23-R-0047

DLA Land & Maritime Justification for Other Than Full & Open Competition

Source Selection Information – See FAR Part 2.101 and 3.104.

P a g e | 2

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

[X] AMSC C. This part requires engineering source approval by the design control activity 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 available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

[X] Other (Explain): Due to the criticality of the items, the Government has reserved the right to approve sources and only CAGEs 44291 and 9F443 have been approved for the NSN. In addition, per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGEs 44291 / U.S. Pioneer, L.L.C. and 9F443 Jay Moulding Corporation have been identified as having the proper complete technical data and manufacturing expertise to supply the item to DLA and the using military services. U.S.

Pioneer, L.L.C. and Jay Moulding Corporation retain the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. The item has a highest weapon system indicator code (WSIC) of F indicating that failure of the part will render the end item inoperable. Therefore, competition must be limited to offers of the product of CAGE 44291 or 9F443. An SAPD technical review in support of a potential LTC was performed on 11/17/2022, and the product specialist certified on 11/17/2022 that the technical information, including the AMC/AMSC code and approved sources, is complete and accurate. The NSN was determined to be suitable for an LTC at that time.

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

[X] The acquisition will be synopsized for fifteen (15) days on www.sam.gov on or about 01/11/2023; the sources sought notice for this acquisition will be further discussed in paragraph 8 below.

[X] The acquisition will be posted for 30 days to www.dibbs.bsm.dla.mil on or about 01/27/2023.

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

This will be a three-year, firm fixed price, indefinite delivery indefinite quantity type contract. The three-year period is inclusive of one (1) one-year base period, and two (2) separately priced one-year option periods. Based on the results of market research, the contracting officer anticipates that adequate price competition between independent manufacturers will exist at time of offer evaluation and will be the primary basis for a reasonableness determination. If deemed necessary, the contracting officer may request informal cost/price data for additional support for a reasonableness determination since the acquisition’s maximum value is estimated under the threshold where certified cost/price data are required in the case of a sole offer. The price analysis for future years c011610 Cross-Out

SOLICITATION SPE7MX-23-R-0047

will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost strncture and better negotiate supplier quotes.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various fonns of market research including the publishing of a fonnal Sources Sought notice and market survey to www.sam.gov. In addition to the publishing of a Sources Sought notice, the Sourcing Strategy team's sourcing strntegy specialist also researched the procurement histo1y for the items on the proposed solicitation and emailed each of the suppliers that still had a valid registered CAGE.

Sources Sought Notice:

On 12/02/2022, a Sources Sought notice was posted to www.sam .gov, which also contained attached market survey documents. The date of return referenced on the sources sought notice was 12/09/2022. As of 12/15/2022, no additional sources provided completed survey documents.

Market Research Conclusion:

A market survey was conducted on: November through December 2022.

Total number of vendors contacted: two (2) Names of vendors contacted and responding:

CAGE 44291 / U.S. Pioneer, L.L.C. - responded.

CAGE 9F443 I Jay Moulding Corporation - responded.

Techniques used to conduct survey: E-mail, Sources Sought Notice.

Types of infonnation requested: Commerciality, Length of Contract, Delive1y & General infonnation questions.

Summaiy of information received:

a. CAGE 44291 / U.S Pioneer, LLC. indicated the following in their completed mai·ket survey.

1) Manufacturer offering their own product

2) Small HUBZone business with 46 em lo ees 3) 4) 5) 6) 7) 8) 9) 10) 11)

b. CAGE 9F433 I Jay Moulding C01p. indicated the following in their completed mai·ket survey.

1) Manufacturer offering their own product

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Infonnation - See FAR Part 2.101 and 3.104.

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SOLICITATION SPE7MX-23-R-0047

2) Small woman-owned business with 13 employees (however not ce1tified in DSBS) 3) 4) 5) 6) 7)

8) 9) 10)

Info1m ation received regarding the commerciality of the item(s): A review of the COTS field in the material master for these NSNs in SAP does not show an entiy , indicating that the technical community has not made a recommendation one way or the other regarding the commerciality of the NSNs. Per the market survey returned by both small manufacturers, they do not consider the item to be commercial in nature. A search of Google showed only results tied to Government info1mation sources for both NSNs. While relays are commercially available as replacement paits in many residential and commercial electi-ical systems, there was no indication that these specific paits, for the various vessels that use it, are readily available for purchase by the public via nonnal commercial outlets such as brick and mo1iar stores or online retailers. Based on the lack of publicly available info1m ation about this NSN and mai·ket reseai·ch results, the conti·acting officer has dete1mined that this NSNs is not commercial. See attachment #4, 5945016674991_ Google_results. The conti·acting officer has detennined the items to be non commercial after review of all the market reseai·ch and the buy will be subject to FAR Pait 15.

9. Additional facts suppo1t ing other than full and open competition are:

[X] Based upon the technical ce1tification on file in DLA Land and Mai·itime-VEP, technical data is not available and cannot be developed to pe1mit 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) U.S. Pioneer, LLC. And Jay Moulding Co1poration.

11. This item is subject to the following methods of locating additional sources:

[X] The solicitation contains DLA Procurement Notes L04, Offers for Pait Numbered Items, and M06, Evaluation of Offers for Prut Numbered Items.

[X] The Government will continue to conduct market reseai·ch to asce1tain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. Previous AIDCs SPE7M5-22-D-60JC, SPE7M5-21-D-60NC, and SPE7M5-20-D-60BR did not have a justification and approval as they were estimated under the simplified acquisition threshold of $250,000.00. There ai·e no lai·ge purchases or long-te1m conti·acts appearing in the NSN's purchase histo1y .

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection lnfonnation - See FAR Part 2.101 and 3.104.

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SOLICITATION SPE7MX-23-R-0047

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.

'11 Digitally signed i,., BUCHER.CAROLM.1267565690

• ~ DN: c=US, o=U.S. Gollerrmen~ ou=DoO. ou=PKI, O<FDlA, cn=BUCHER.CAROL.M.1267565690

Carol M. Bucher Contracting Officer

APPROVAL/CERTIFICATION

Approval / Ce1iification

01/05/2023

Date

I have reviewed and hereby approve this justification. The estimated total value of the J&A is

SHEARER.MARY.E.1

250702449

MARYE. SHEARER

Competition Advocate

Digitally signed by

SHEARERMARY.E.1250702449

Date: 2023.01 .09 08:09:52 -05'00' 01/09/2023

Date

APPROVAL REQUIREMENTS

(X) $750,000 - $15,000,000 Competition Advocate

Attachments:

CM222306001 WSDC

Tech Ce1i - CM22306001 11172022

DLA Land & Maritime Justification for Other Than Full & Open Competition Soucce Selection lnfonnation - See FAR Part 2.101 and 3.104.

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