JA_SPE7L1-24-Q-0202_ALT-COMPAD(CUI)_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L124Q0202

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition

(October 2020)

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

Past procurement history will be reviewed, and a PPI analysis will be performed. The Contracting Officer will compare the offered prices to the historical prices paid for the item to determine whether the prices are fair and reasonable. This is a definite quantity contract for a base quantity of 45 each. Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, market surveys received from interested parties, market surveys were sent to FAIRBANKS MORSE, LLC 7PZX0 P/N P12621355 and CHAND (0D5X4) on 12.5.23 with a respond by date of 12.12.23 Total number of vendors contacted: 2. Names of vendors contacted and responding: 1

Procurement history:

Commercial Determination:

Market research did NOT yield readily available published catalog price lists. Schedules were found and other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public by request. There is evidence of sale prices at which sales were made for spare parts by the OEM. General public is interpreted as individuals using such parts in a non- governmental or military capacity. Market Survey from dealer CHAND produced product is sold to public at www.fairbanksmorsedefense.com/commercial-parts-list-form/#anchor. However product is not sold at a local retailor there for does not meet the definition of Commercial off the shelf(COTs) per FAR

2.101. Product Specialist, , confirmed the technical certification on 12.05.23. Because this item is sold to the public in a limited capacity while NOT being modified it fits the definition of commercial of a type per FAR 2.101.

document will be attached for reference. These two items that are attached support commercial of a type. Synopsis will state that based upon market research, the Government is using the policies contained in FAR Part 13.5. Therefore, the Contracting Officer determines this item to be commercial of a type and will solicit using FAR part 13.5 Simplified Procedures for Certain Commercial Items in accordance with 41 U.S.C. 1901.

A sources sought notice was posted on SAM.gov from 11.29.23 to 12.06.23. No responses from sources sought.

Market Survey 10 USC 3204 (e)(2)(D)

A market survey was conducted on: 12.05.23

Techniques used to conduct survey: SAM.gov and e-mail correspondence

Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L124Q0202

CUI

DLA Land & Maritime Justification for Other Than Full & Open Competition

(October 2020)

Total number of vendors contacted:2

Names of unresponsive vendors: 1

Names of vendors and summary of information from responses: CHAND LLC responded outlining they are the dealer for Fairbanks Morse and that Fairbanks Morse sells the item commercially via their website www.fairbanksmorsedefense.com/commercial-parts-list-form/#anchor.

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

Based upon the technical certification on file in DLA Land and Maritime – VEP 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) Chand LLC

11. The following actions are being taken to identify additional sources:

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. Pervious buy was under SAT no J&A was created.

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.

Contracting Officer Date

Competition Advocate Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer [ X ] Over 750,000 to 15,000,000 Competition Advocate

ATTACHMENTS (S): 1. Memorandum For Record Technical Data Supporting Certification

Product Specialist Commerciality determination document

WHITING.MONIC

A.L.1378381815

Digitally signed by

WHITING.MONICA.L.137838181

Date: 2024.03.29 09:43:45 -04'00'

WIEBUSCH.JAM

IE.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.04.01 08:04:11 -04'00'