37.1_J A_SPE7L3-15-R-0112_-_reviewed_Redacted.pdf

SOURCE SELECTION INFORMATION -SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 0058234095; SOLICITATION SPE7L31S-R0112

October 9, 2015

ORIGINAL

1. The Defense Logistics Agency. DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies for the military. It will be solicited on an other than a full and open competition basis, in accordance with 10 U.S.C. 2304(c)(l ). Market research and technical data indicate that this item is sole sourced to Marvel Engineering (Cage 92863).

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

• This solicitation is for 1750 each, with a 50% option for up to 875 each, of NSN 2940- 01-069-9238, "Pressure Fluid Filter".The weapon system designator code for this item is "29A'', and is for a Personnel Carriers (M-l 13Al, M-l 13A2, M-113A3). The AMC/AMSC code for this item is 3B. The solicitation has an estimated total value of

4. The statutory authority permitting other than full and open competition is:

• 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources. The sole source for this item is Marvel Engineering (Cage 92863).

5. Ifrestricted to the only source(s) of supply, include source(s) and CAGE code:

• Marvel Engineering (Cage 92863), PIN M3638

The use of the authority cited in other than 10 U.S.C. 2304(c)(I ) above:

• This item is available only from the coded sources of supply because the Government does not possess the technical data or data rights to facilitate full and open competition for the NSN. Further, the Government's lack of data also serves as each individual coded source of supply's unique qualification requiring the use of other than full and open competition. Each coded source of supply's possession of the data or data rights to produce the required NSN sets the coded sources of supply apart from all other suppliers and forces the Government to restrict competition to only the approved sources of supply listed.

• AMC 3 - Acquire, for the second or subsequent time, directly from the manufacturer.

• AMSC B -This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-

100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD- 100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. Ifone source is available, AMCs 3, 4, or 5 are valid. Ifat least two sources exist, AMCs 1 or 2 are valid.

o Product Specialist provided the following information on 8/21/15 regarding potential manufacturers and the AMSC/ASMC of 3B for this material:

• The AMC/AMSC of 3B is up to date and correct

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 0058234095; SOLICITATION SPE7LJ15-R0112

October 9, 2015

• No pending 339s for source approval

• The government owns drawings for this material but the drawings state that the material is source-controlled to Marvel Engineering (92863).

• There are no known additional sources who would be capable of manufacturing this item to the requirements of the drawings, and there are no additional manufacturing sources listed in the drawings besides marvel Engineering (92863).

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

• Sources sought request posted to FedBizOpps for 13days from 5/15/15 -5128115. No responses received.

• The acquisition will be synopsized on or about 10/9/15, and will run for 15 days. At the completion of the synopsis period, the PR will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

• Alternate items will not be evaluated for this procurement, but will be referred for possible future acquisitions. For alternate offers, the supplier is required to provide a complete data package, which may take from 30 to 180 days to be evaluated. As of 8/25/15, the Integrated Data Sheet (IDS) shows that there are 2 lines of backorders, for a total of 1768 ea of this item, 1757 of which are designated as Issue Priority Group (IPG) 2 and 11 of which are designated as IPG 3. The IDS indicates that the Stock On Hand for this item is 1. There is currently no active contracts.

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

• A price analysis will be conducted using historical pricing, the Producer Price Index (PPI). and the learning curve analysis.The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

• Market Survey [10 U.S.C. 2304(f)(3)(D)] :The product specialist has indicated that Marvel Engineering (92863) is the only source that possesses the technical data required to manufacture this item. There appears to be no commercial market for this item.

• A market survey for NSN 2940-01-069-9238 was conducted during June 2015

• Total number of vendors contacted: Six.

• Names of vendors contacted and responding: Kampi Components (7Z016). Marvel

Engineering (92863).

• Techniques used to conduct survey: The market survey was conducted by e-mail and phone.

• Types of information requested:

o Size of business o Manufacturer or dealer o Whether stock is on hand, or will need to be manufactured.

o Commerciality o Estimated delivery SOURCE SELECTION lNFORMATION - SEE FAR 2.10 l AND 3.104

SOURCE SELECTION INFORMATION -SEE FAR 2.101 AND 3.104

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 0058234095; SOLICITATION SPE7L315-R0112

October 9, 2015 o Whether or not item is quantity/price sensitive

• Summary of information received:

o The OEM, Marvel Engineering has indicated that this item is available and that they are quoting some, but not all requesting vendors.

o Karnpi Components responded that Marvel Engineering would not provide a quote at this time.

• In addition to the completed market surveys, a Sources Sought Notice was posted in

FedBizOpps, seeking to identify potential sources of supply for NSN 2940-01-069-9238.

The Sources Sought Notice was posted on 5/15/15, with a response date of 5/28/15. No responses were received. At this time, the information obtained indicates that Marvel Engineering (92863), is the only source that can manufacture this item.

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

• Based upon the technical certification on file in DLA Land and Maritime-YEP 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:

• Marvel Engineering (92863)

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. Ifnot exceeding $650,000, this signature serves as the approval.

Phone Date

Eric M. Snow Typed name of Contracting Officer

APPROVAL REQUIREMENTS

[ X J Up to $700,000 Contracting Officer

________________________________________________________________614-692-9167 20160608