SPE4A724R0571_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

1. Agency: Defense Logistics Agency Contracting Activity: _D_L_A_A_via_· _ti_on_-_FA_Q_E ___________ _

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

l✓ I New Action □ Amendment: ________________________ _

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

BRIEF DESCRIPTION

Filter Element, Flui

*If too numerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSNIPN

1650-001598605

QUANTITY

EAQ: 400

5-Year QTY: 2,000

ESTIMATED VALUE

4. T lpe ! f Contract ( may include number of base years) Firm Fixed-Price (FFP) Indefinite Quantity Contract (IQC); 5-Y ear Base Period, No Options

✓ will not include an option.

will include a _____ % option for increased quantity. Total estimated dollar value of option quantityis $ _____ _ will include an option to extend the tenn of the contract for a period of ______ .months, exercisable in increments of

___ months. Total estimated dollar value of all option periodsis $ _________ . The maximum dollar value of all option periods is $ ______ _

The total estimated dollar value of this acquisition is : (inclusive of any options) $~ The maximum dollar value of this acquisition is : (inclusive of any options)$

5. The statutory authority pe1mitting other than full and open competition is 10 U.S. C. 3204( a)( 1) - Available from only one or limited number of sources.

6. Effo1ts to improve DoD Competition in accordance with DFARS 206.303-2:

I ✓ IA sources sought notice or Request for Information (RFI) in accordance with DFARS PGI 206.302-l (d) was posted in Contract Oppo1tunities on 04112124 . Results of the sources sought notice/RF! resulted in the following:

Unfortunately, no contractors responded to the notice.

D A mass sources sought notice which included NSN(s) _______________________ _ was posted to Contract Opportunities on. _______ . Date must be most cwTent Contract Oppo1tunities posting (i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RF! was approved by the HCA or designee on. __________ and is hereby attached.

7. 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:

A VN Form S53, NOV 2023 CUI

CONTROLLED BY: DLA Aviation

CONTROLLED BY: FAQE

CUI CATEGORY: SSEL

DISTRIBUTION/DISSEMINATION

CONTROL: FED ONLY

POC: 1

CAGE COMPANY NAME

05228 PTI Technologies

18350 Pall Aeropower Corp

The use of authority 10 U.S.C. 3204(a)(l) is based on:

171 AMC l .

□ AMC2.

□AMC3.

□ AMC4.

0 AMC5.

□AMSCA.

□ AMSCB.

□AMSCC.

□ AMSCD.

□AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSCU.

□AMSCV

□AMSCY.

□AMSCZ.

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

Acquire, for the second or subsequent time, directly from the manufacturer.

Acquire, for the first time, directly from the manufacturer.

Acquire directly from the sole source contractor, who is not the manufacturer.

The Govemment's right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

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

This pa1t required engineering source approval by the design control activity in order to maintain the quality of the pa1t.

The data needed to acquire this pa1t is not economically available.

The Govemment does not have sufficient, accurate, or legible data to purchase this pait from other than the cwTent source. This code is under review and will be updated when the review iscomplete.

This pait must be produced from class l castings under MIL-STD-2175.

The annual buy value of this pait falls below the screening threshold established by DoD.

Manufactw·e of this pait requires use of master or coordinated tooling.

Manufactw·e of this pait requires special test and/or inspection facilities to maintain function or system integrity.

The rights to use the data needed to purchase this pa1t from additional source(s) are not owned by the Govemment and cannot be purchased, developed, or otherwise obtained.

The Govemment does not have adequate data, lacks rights to data, or both. It is not econoinical to buy the data or rights to the data.

The Govemment does not own the data or rights to the data needed to pw·chase this pa1t from another source. It is not economical to procw·e the data or rights to the data.

Acquisition of this item is restricted to Govenunent approved source(s) because the item involves milita1y sensitive technology.

The cost to the Govemment to breakout this pa1t and acquire it competitively has been detennined to exceed the projected savings over the life span of the pait.

This part has been designated a high reliability pa1t. Probability of failure would be unacceptable. The engineering activity has detennined that data to define and control reliability liinits cannot be obtained.

The design of this pa1t is unstable. Engineering, manufactw·ing, or performance characteristics indicate that the required design objectives have not been achieved.

This part is a commercial/no-developmental/off-the-shelf item.

l✓ I Other:

AMSC T - A qualified Products List (QPL) applies. Two LB Qualified Sources, PTI Tech (05228) and Pall Aeropower (Cage 18350)

NOTE: A technical certification is required for acquisitions over $15 million

A VN Form S53, NOV 2023 CUI

8. Effo1ts to ensure that offers are solicited from as many sources as practicable are:

I✓ I The acquisition will be synopsized onor about 04/ l&f24 and any firm requesting a solicitation copy will be provided one. D A synopsis exception cited in FAR 5.202 applies: (Explain) _______________________ _

IZ]

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

Dealers of the manufacturers will be solicited.

Other: (Explain) A sources sought notice was posted on SAM.GOV on 04/12/24 as an effort to maximize competition. Unfortunately, no contractors responded to the notice. The Prior J&A was reviewed. The situation has not changed since the last purchase of this item.

9. I hereby detennine that the anticipated cost to the Government will be fair and reasonable. (Explain) The anticipation ofreceiving fair and reasonable prices is based on the fact that historical prices were determined fair and reasonable. A range of techniques may be used to determine the price fair and reasonable. These techniques may include but are not limited to intrinsic value engineering analysis, price analysis based on the same or similar item, and the analysis of contractor's «other than cost data."

10. A market survey as defined by FAR 10:

11.

I✓ I was conducted, and firms indicating an interest in the acquisition will be solicited. Market research effo1ts, include:

A sources sought notice was posted on SAM. GOV on 04/12/24 to determine if there are any firms interested in this acquisition.

□ was not conducted due to: ------------------------------------

Additional facts supporting other than full and open competition are:

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 Govemment.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in

6.302-l(a)(2)(ii)(A), an estimate if the cost to the Government that would be duplicated and how the estimate was derived: -------------------------------------------

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l (a)(2)(ii)(B), describe the unacceptable delays: ________________________ _

Other: A Qualified Products List (QPL) applies. The Government has technical drawings/data that any potential source can obtain from the Government to become an approved source. Potential manufacturers who are interested in producing this item have the opportunity to have their products examined and tested for compliance to demonstrate their abilities to meet the standards specified for qualification. If the manufacturer satisfies all applicable qualification requirements for this item, the Qualifying Activity (QA) may add the manufacturer to the QPL.

12. A listing of somces, if any, indicating an interest in v.•riting in the acquisition are: (if none, state none)

CAGE COMPANY NAME

05228 PTI Technologies

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain) A sources sought notice and pre-solicitation synopsis were posted to SAM.GOV The solicitation will include Procurement Note L04, "Offers for Part Number Items," and alternate offer Procurement Note M06, "Evaluation of Offers for Part Numbered Items," to allow potential new sources to submit their data for evaluation in order to reduce bruriers to competition.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION - FAR 6.304

O notexceeding $750,000 . ........... ...... ................ ...... ................ . Contracting Officer [ZJ over $750,000 not exceeding $15,000,000 .. . .. ...... .............. .. Competition Advocate LJ over $15,000,000 not exceeding $100,000,000 .......... ...... ....... Head of Contracting Activity

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION - FAR 6.303-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION - DLAD 1.691(e)(3)(i) DLA Counsel A via ti on has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to

10 U.S.C. 3204(a)( l ) and FAR 6.302-1 for sole source tactical acquisitions for NSNs in the federal supply system at or below $15 million. For acquisitions ab ove SIS million, signature of the Aviation Deputy Chief Counsel is required to d ocument legal sufficiency:

Name and Title Signature Phone Date

CONTRACTING OFFICER- FAR 6.303-2(b)(12) 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.

LOEFFELHOLZ.RYAN_.._.,

~ I ~~~:22 Ryan Loeffelholz, Contracting Officer --- 04/ 19/24

Name and Title Signature Phone Date

COMPETITION ADVOCATE- FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.50 I has reviewed and hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If over $750,000, but not exceeding $15 million this signature serves as the approval.

Yolanda Calvin Maupin / Sewor Procurement Analyst

Name and Title

MAUPINYOLANDAC. =.:~~~ I 0ate;2024.04.1909~

Signature

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3)

--- 4.19.2024

Phone Date

The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $ I 5 million, but not exceeding$ I 00 million.

Name and Title Signature Phone Date