San Diego - SPE3SE22Q0390 - J A.pdf

Justification for Other Than Full & Open Competition (November 2011)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency and Activity: ___DLA Troop Support_____________________________.

2. The action being approved is the acquisition of supplies/services 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 NSN/P/N QUANTITY EST. VALUE AMSC

Equipment IST 7310-

GM5022323

1.000 H

Various Food Service Equipment

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

This acquisition:

[ x ] will not include an option.

[ ] will include a _____ % option for increased quantity. Total estimated dollar value of option quantity is $ [ ] will include an option to extend the term of the contract for a period of _________ exercisable in increments of ________________ . Total estimated dollar of all option periods is $ ________________.

The total estimated dollar value of this acquisition (inclusive of any option) is $ __________________.

4. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services. Source(s) are: (Include CAGE code) __Manufacturers are on the Equipment list in Records Management and the solicitation. There are 13 line items to be procured.

5. 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.

[ ] 10 U.S.C. 2304(c)(2) – Unusual and Compelling Urgency.

[ ] 10 U.S.C. 2304(c) - _______________________________________.

6. The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above is based on:

[ ] AMSC A. The Government’s right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

[ ] AMSC B. This must be acquired from a manufacturing source(s) specified on a source control drawing.

[ ] AMSC C. This part required engineering source approval by the design control activity in order to maintain the quality of the part.

[ ] AMSC D. The data needed to acquire this part is not economically available.

[ x ] AMSC H. The Government does not have sufficient, accurate, or legible data to purchase this part from other than the current source. This code is under review and will be updated when the review is complete.

[ ] AMSC K. This part must be produced from class 1 castings under MIL-STD-2175.

[ ] AMSC L. The annual buy value of this part falls below the screening threshold established by DoD.

[ ] AMSC M. Manufacture of this part requires use of master or coordinated tooling.

[ ] AMSC N. Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity.

[ ] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained.

[ ] AMSC Q. The Government does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

[ ] AMSC R. The Government does not own the data or rights to the data needed to purchase this part from another source. It is not economical to procure the data or rights to the data.

[ ] AMSC S. Acquisition of this item is restricted to Government approved source(s) because the item involves military sensitive technology.

[ ] AMSC U. The cost to the Government to breakout this part and acquire it competitively has been determined to exceed the projected savings over the life span of the part.

[ ] AMSC V. This part has been designated a high reliability part. Probability of failure would be unacceptable.

The engineering activity has determined that data to define and control reliability limits cannot be obtained.

[ ] AMSC Y. The design of this part is unstable. Engineering, manufacturing, or performance characteristics indicate that the required design objectives have not been achieved.

[ ] AMSC Z. This part is a commercial/no-developmental/off-the-shelf item.

[ ] The requisitioner has assigned a priority designator within Issue Priority Group (IPG) I.

[ ] The requisitioner has also cited an expedited handling signal of 999, N__, or E__ or an Office of the Secretary of Defense/Joint Chiefs of Staff project code beginning with a "9".

[ ] Procurement from a specified source or agency is authorized by statute, ______________(list statute).

[ ] Other: _________________________________________________________________________________.

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

[ x ] The acquisition will be synopsized and any firm requesting a solicitation copy will be provided one.

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[ ] Other (Explain): ________________________________________________________________________ .

8. A market survey:

[ x ] was conducted, and firms indicating an interest in the acquisition will be solicited. Market research efforts, include: _ RESEARCH VIA THE INTERNET TO FIND WHAT PRICE THESE ITEMS ARE SOLD VIA THE

COMMERCIAL MARKETPLACE

[ ] was not conducted due to the unusual and compelling urgency of the requirement.

[ ] was not conducted due to: _________________________________________________________________.

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

[x ] Based upon the technical certification on file, 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.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification: (I don’t think we want to give the details to the public. Leave as an attachment only.)

[ x ] Other: __ Brand name specific items will be quoted to any potential distributors that have an interest in submitting an offer. Dealer competition will be achieved as a result

10. A listing of sources, if any, indicating an interest in the acquisition are: (If none, so state)

11. The actions, being taken to overcome barriers to competition before any subsequent acquisitions are made are:(If none, so state and explain why not.)

___ Continue market research in order to find additional sources that satisfy this requirement exactly

12. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Discuss relevantpricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include here, or elsewhere as appropriate, length of contract, quantity, and other contract particulars bearing on the price/cost.__ PRICE REASONABLENESS WILL BE

DETERMINED USING PUBLISHED COMMERCIAL CATALOGS, COMPARSION TO SIMILAR ITEMS

AND PAST PROCUREMENT HISTORY WHERE AVAILABLE.

13. Additional facts, if any, supporting this determination: The MCRD mess halls currently use the above stated equipment. The food service contractor, Sodexo Management Inc., administers an established safety program for their employee workforce that includes providing safety classes and operator training in the operation and cleaning of these pieces of equipment. Sodexo also provides maintenance and repairs on such equipment, and have their maintenance teams trained on repairing this type of equipment. It has been our past experience that other equipment of this nature fail under such extensive use. However, the above stated equipment is recognized as, and has proven itself to be, the top-brand to withstand and perform under continuous use. Purchasing the above brand name also lowers costs for replacement parts (i.e. wheels, Stainless steel pins, etc.) and makes components interchangeable throughout the entire operation; thereby saving FPSE and maintenance dollars, while dramatically reducing the repair time.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION – FAR 6.304

[ x ] not exceeding $700,000 Contracting Officer

[ ] over $700,000 to $12,500,000 Competition Advocate

[ ] over $12,500,000 to $85,500,000 Head of Contracting Activity (HCA)

TECHNICAL/REQUIREMENTS PERSONNEL I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate.

Technical Cognizance:

(Requirements originator)

X

Name and Title Signature Phone Date

LEGAL REVIEW

The foregoing J&A has been reviewed for legal sufficiency and redaction prior to posting on FedBizOpps.gov..

X

Name and Title Signature Phone Date

CONTRACTING OFFICER

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 $650,000, this signature serves as the approval.

Liberi, Joseph Name and Title Signature Phone Date

COMPETITION ADVOCATE

I have reviewed and approve this Justification $650,000 to $12,500,000, or if above $12,500,000, hereby recommends that this Justification be approved:

X

Joseph Liberi 9/14/2022

HEAD OF THE CONTRACTING ACTIVITY

I have reviewed and approve this Justification $85,500,000 or below.

X