SPE4A725R0115_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

1. Agency: Defense Logistics Agency Contracting Activity: _F_A_Q_E_-_D_LA _____________ _

Document Identification Number:_1_00_0_19_3_90_8 ____

__ SolicitationNumber: _s_PE4_ A_7_25_R_0_11_5 ___________ _ l✓ I FAR Pait 15 FAR Part 12 □ FAR Pait 13.5

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

Air Filter Element

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

This acquisition:

NSNIPN

2840-00-9545759

QUANTITY

YearlyEAD: 284

5-Year EAD: 1,420

ESTIMATED VALUE

4. T fpe ! 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 quantity is$ _____ _ 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 pennitting 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 Infonnation (RFI) in accordance with DFARS PGI 206.302-l (d) was posted in Contract Oppo1tunities on l0/3 l /2024 . Results of the sources sought notice/RF! resulted in the following:

BHPE LLC responded to somces sought and advised that they are interested. SAR instructions have been provided.

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

D A waiver of sources sought notice/RFI 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 2024 CUI

CONTROLLED BY: DLA

CONTROLLED BY: FAQE

CUI CATEGORY: SSES (Source Control)

DISTRIBUTION/DISSEMINATION CONTROL: FED ONLY

POC:

CAGE COMPANY NAME

13520 Donaldson Company Inc

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

B AMCl .

AMC2.

IZ) AMC3.

□ AMC4.

0 AMC5.

□AMSCA.

□ AMSCB.

□AMSCC.

IZI AMSCD.

□AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSCU.

□AMSCV

□AMSCY.

□AMSCZ.

□ Other:

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 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.

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 part.

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

The Government does not have sufficient, accurate, or legible data to purchase this pa1t from other than the cwTent source. This code is under review and will be updated when the review iscomplete.

This pa1t must be produced from class 1 castings under MIL-STD-2175.

The annual buy value of this pa1t falls below the screening threshold established by DoD.

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

Manufactw·e of this pa1t requires special test and/or inspection facilities to maintain function or system integrity.

The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be pw·chased, developed, or othe1wise obtained.

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.

The Government does not own the data or rights to the data needed to pw·chase this part from another source. It is not economical to procure the data or rights to the data.

Acquisition of this item is restricted to Government approved sow·ce(s) because the item involves military sensitive technology.

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

This part has been designated a high reliability part. Probability of failw·e would be unacceptable. The engineering activity has detennined that data to define and control reliability limits cannot be obtained.

The design of this pa1t is unstable. Engineering, manufacturing, or perfonnance characteristics indicate that the required design objectives have not been achieved.

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

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

AVNFonn S53, NOV 2024 CUI

8. Effo11s to ensure that offers are solicited from as many sources as practicable are:

□ The acquisition will be synopsized onor about 1111812024 and any fum requesting a solicitation copy will be provided one. D A synopsis exception cited in FAR 5.202 applies: (Explain) _______________________ _

IZI

IZ]

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

Dealers of the manufacturers will be solicited.

Other: (Explain) A so\ll'ces sought notice was posted on contract opportunity on 10/31/2024 as an effort to maximize competition One contractor responded and was provided with SAR submission instructions. Previous J&A was reviewed. The situation has not changed since the last J&A.

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 fu1US indicating an interest in the acquisition will be solicited. Market research effo1ts, include:

A so\ll'ces sought notice was posted on 10/31/2024 to determine if there are any firms interested in this acquisition Sole so\ll'ce and dealers were contacted.

□ 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 pennit 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 Govemment 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:------------------------------------------

AVNForm S53, NOV 2024 CUI

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

5N582

9SWS7

CAGE COMPANY NAME

Seal Dynamics LLC

BHPELLC

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 Contract Opportunities. 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

[Z]notexceeding $750,000 . ... ........ .............. ........ .............. ....... .. Contracting Officer D 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.

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.

Jeremy Prince PRINCEJEREMY.EI ~ _________ =1_v_1_0_12_0_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 6.501 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.

Name and Title Signature Phone Date

HEAD OF CONTRACTING ACTIVITY - FAR 6-304(a)(3) The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $15 million, but not exceeding $100 million.

Name and Title Signature Phone Date

AVNForm S53, NOV 2024 CUI