Redacted Signed JA.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23RX035

PROJECT # CM23010001

Source Selection Information- See FAR 2.101 and 3.104

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.

5. a SAPD Product Specialist did a technical review on 01/13/2023. Based on her review she states that all means to obtain a technical data package adequate for manufacture of these items has been exhausted. Based on the technical review and AMC/AMSC coding, Cummins Filtration Inc. (CAGE 76700) is the only source known to possess the data rights associated with this NSN 2910-01-664-1477 and NSN 4330- 01-506-2918. For NSN 4330-01-506-2918, the listed approved source is the only source that possess the technical data and/or data rights required to manufacture this item and the only source currently approved by the ESA The data rights are not owned by the Government and cannot be purchased, developed, or otherwise obtained. confirmed the AMC/AMSC in her technical review and certified the information as complete and accurate.

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

The acquisition was synopsized on 4/27/2023.

The solicitation will be posted to DIBBS for 30 days.

A sources sought notice was posted on SAM.gov from 3/2/2023 to 3/9/2023 with no responses received.

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

Government’s fair and reasonable price determination is anticipated to be price analysis and comparison to pricing found in the commercial marketplace and previous commercial procurements. This will be a five (5) year, firm fixed price, Indefinite Delivery Contract (IDC). The five-year period is inclusive of a three (3) year base period, and two (2) separately priced, one (1) year option periods. Certified Cost Pricing Data is not required, as this is FAR 13.5 procurement, but the Contracting Officer may obtain other than certified data to support a reasonableness determination.

8. Market Research/Efforts to Obtain Competition:

A market survey was conducted on/during 2/21/2023-3/20/2022. A Sources Sought yielded no replies.

Procurement history for the subject NSNs was reviewed to determine potential sources of supply. A Market Survey questionnaire was sent to the only approved source as well as dealers. Informal market survey information was obtained by email and telephone. The results of the survey are as follows:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23RX035

PROJECT # CM23010001

Source Selection Information- See FAR 2.101 and 3.104

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

12. Past history was reviewed in Records Management. The previous procurement for NSN 4330-01-506- 2918 was an LTC, SPE7LX18D5065, awarded utilizing FAR Part 13.5 procedures. The J&A for contract SPE7LX18D5065 is attached per DFARS PGI 206.303-2 (b)(i)(B).

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.

ALEXANDER MOLLER

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

MARY SHEARER

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

Attachment List:

J&A Attachment 1 – Technical Certification J&A Attachment 2 – Previous Procurement J&A: SPE7LX18D5065

MOLLER.ALEXA

NDER.M.140402

Digitally signed by

MOLLER.ALEXANDER M.14

04026743 Date: 2023.05 03 12:45 31 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.12302200

Date: 2023 05.12 11:50:54 -04'00'