Redacted JA 20R0014.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-20-R-0014

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-20-R-0014 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 a Fan, VaneAxial for the following National Stock Number (NSN) 4140-01-113-8312 for part number M8921K-1C. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized since after market research (FAR 10) was conducted and the Marine Corp. technical data that was presented indicates the NSN is sourced to Dynamic Air Engineering Inc.

(18965). Dynamic Air Engineering Inc. is the only known provider of this item to meet the services’ needs. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors.

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

Contract Line Item Number

(CLIN)

Item Name

National Stock Number (NSN)

Quantity & Unit of Issue

Estimated

Total Value

Acquisition Method Suffix Code

(AMSC)

0001 Fan, VaneAxial 4140-01-113-8312 33, EA $384,990.54 B

Fan, VaneAxial is a non-positive displacement mechanical device with guide vanes and having an axial fan impeller(s) enclosed within a tubular housing. It is designed primarily for duct installation to move air or gas axially over a wide range of volumes and pressures.

Identify End Item, Assault Vehicle, Full - (NSN 2350-01-458-7410): Assault Amphibious Vehicle, Personnel AAVP7A1.

Procurement History is available for this NSN.

Previous J&A is not available for this NSN.

ESTIMATED CONTRACT VALUE: $384,990.54

Company

Contract#

National Stock Number (NSN)

Date

Quantity & Unit of Issue

Unit Price

Price Reasonableness

Code Dynamic Air

Engineering Inc.

(18965)

SPE8EB17D00010004

4140-01-113-8312

9/17/17

13 EA

$17,574.00

BG

Dynamic Air

SPE8EB17D0001000301

6/13/17

11 EA

SPE8EB17P0831

5/24/17

5 EA

$19,440.00

SPE8EB17D00010001

12/2/16

153 EA

$10,775.00

SPE8EB16M1153

6/6/16

17 EA

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-20-R-0014 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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

(X) 10 U.S.C. 2304(c) (1) - Available from only one or a limited number of sources.

Based on the technical certification that was provided by Logistics Command (LOGCOM), System Command (SYSCOM) does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Dynamic Air Engineering Inc. The technical certificate from SYSCOM is attached to this document. Dynamic Air Engineering Inc. is the only company known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply include source(s) and CAGE code: NSN is sole source to Dynamic Air Engineering Inc. (18965) per DLR tech data from Albany, GA. Technical information was certified as complete and accurate by the product specialist via attached DLR Technical Certification dated June 24, 2020. Dynamic Air Engineering Inc. is the only manufacturer with technical data to manufacture this item. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors.

The use of the authority cited is based on:

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

(X) AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

In an effort to ensure that validation of the AMSC code assignment and sources were reviewed, WebFLIS was researched to confirm that the only source listed for this item is Dynamic Air Engineering Inc.

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

(X) The acquisition was synopsized on July 27, 2020.

(X) The solicitation will be posted to DIBBS for 30 days.

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

The current requirement is sole source to Dynamic Air Engineering Inc. The solicitation will be solicited for 30 days. The requirement is for a quantity of (33) EA for NSN 4140-01-113-8312 for part number M8921K-1C for a total estimate of $384,990.54 ($11,666.38 each).

In addition, the buyer will request an informal cost breakdown from offers’ to assist in deeming the price fair and reasonable, per FAR 15.403-3 - Requiring data other than certified cost or pricing data. Contracting Specialist searched Haystack for similar item for analysis with no success.

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2.0M per DAG 15.403-4 or DLAD 15.402-90.

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-20-R-0014 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

8. Market Research/Efforts to Obtain Competition: A sources sought was conducted on FedBizOpps from July 14, 2020 through July 24, 2020. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted via email to Dynamic Air Engineering Inc. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”. In addition, there was no information available from Google, Amazon, GSA or EBay to support commerciality.

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

A market survey was conducted on/during: market survey was submitted two ways. The first way was via the source sought (July 14, 2020 through July 24, 2020) which included the market survey as an attachment and allowed for non-approved sources to submit a Source Approval Request (SAR). The second way market research was conducted via the market survey that was submitted via email to Dynamic Air Engineering Inc.: July 14, 2020 through July 24, 2020.

Total number of vendors contacted: 1 (one) Names of vendors contacted and responding: Dynamic Air Engineering Inc.

Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

Source sought:

A sources sought was posted in FedBizOpps on July 14, 2020 with a response day of July 24, 2020. The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN in order to promote competition. Sources that are not approved for this NSN were required to submit a (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN. LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN. While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted.

As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: A market survey was sent to Dynamic Air Engineering Inc. via email in order to tailor our current acquisition situation under the following NSN – 4140-01-113-8312. Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses for vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Dynamic Air Engineering Inc. is sole source for this NSN.

Dynamic Air Engineering Inc.

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-20-R-0014 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

This procurement is a code and part number M8921K-1C buy to Dynamic Air Engineering Inc. Dynamic Air Engineering Inc. is a small business manufacturer per their System for Award Management (SAM) registration and their completed market survey. Dynamic Air Engineering Inc. stated they do not have a parent company, they do carry this item in stock, item is quantity sensitive and the item does not contain hazardous material.

Material is 30% steel and 20% bearing. Quantity ranges, options, or zone pricing are not applicable for this requirement. Dynamic Air Engineering Inc. is willing to quote FOB destination with inspection acceptance at destination. Dynamic Air Engineering Inc. stated the item is commercial, but did not provide any unredacted invoices or a price list. Most of the provisions selected by contractor were: “Yes” or “No” answers. P/N and estimated unit price were confirmed with Ms. Wanda Robinson (POC) at Dynamic Air Engineering Inc.

Contractor will provide proposal within 30 days. They can provide STD-COM with MIL-STD-129 markings capable and they are not EDI capability.

Information received regarding the commerciality of the item(s): Dynamic Air Engineering Inc. stated the item is commercial in their completed market survey. Dynamic Air Engineering Inc. did not provide supportable commerciality documentation. There was no indication that the item is for sale to the general public and the product specialist did not specify that the item is commercial off the shelf. Dynamic Air Engineering Inc did not provide any unredacted invoices or a price list. The item is not available in the commercial market place. In addition, there was no information available from Google, Amazon, or EBay to support commerciality. Based on this information FAR 15 will be utilized.

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

(X) Based upon the technical certification on file via the technical certification from SYSCOM 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)

Dynamic Air Engineering Inc. /18965

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

(X) The solicitation contains the DLAD Procurement Note L04, Offers for Part Numbered Items.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corp. does not intend to procure the technical data necessary to foster competition.

A source sought was posted in FedBizOpps for 10 calendar days without receiving any responses for vendors submitting either SAR or market survey information for this requirement.

Attachment:

1. DLR Technical Certification.

2. PR Trailer (1000100157)

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 $700,000, this signature serves as the approval.

5 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-20-R-0014 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

X Maria Flowers Contracting Officer

Maria Flowers Typed name of Contracting Officer

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

FLOWERS.MARI

A.Y.1228987421

Digitally signed by

FLOWERS.MARIA.Y.122898742

Date: 2020.08.25 08:26:16 -04'00'