J&A_SPE7L319R0010_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

COMMERCIAL SOLICITATION SPE7L319R0010

12/19/2018

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

[ X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

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

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

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

Nomenclature NSN AMSC End Item/ Weapon System Radiator, Engine, Coo 2930-01-592-4818 3D NPX Weapon System, supports Essex 72KW

Generator Set

Quantity Option % Qty w/ Option 144 100% 288

Estimated Price Option

Estimated Price w/ Option

100%

This solicitation is for a quantity of 144 EA and includes a 100% option to procure an additional 144 EA maximum.

4. 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.

The approved sources for this item are:

Essex Electro Engineers (21269)

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

Essex Electro Engineers (21269) P/N B809-2007

The use of the authority cited above:

The PR Trailer indicated that only the source cited above has been approved to produce this item.

Furthermore, the Product Specialist, , dated 4/24/2018, completed the item review for PR#73609212 and found that “NSN 2930-01-592-4818, is a radiator engine cooling system that affixes to a 72KW Generator set. Essex Electro Engineers (21269) owns the technical data for this NIIN”.

Subsequent referral for item review to the Product Specialist, dated 9/7/2018, stated that this radiator has the highest criticality and the features are proprietary to Essex Electro Engineers (21269), this radiator is the only one that will work for its application at this time, there are no other sources approved at this time, is unable to provide a list of the salient features, the end item is a 72KW Generator Set, and this item is used by the Air Force, and that the ESA has no pending source approval requests at this time.

Determination was made that the item is non-commercial and that requirement needs to be pursued utilizing FAR 15. Specifically, this Radiator Engine Cooling System works in tandem with the 68T5.9 Cummins Engine in support of end item, the 72 KW Generator Set. This engine coolant system is applied to this specific type of generator in order to sufficiently support aircraft types AH-1 Super Cobra Attack Helicopter and the E-2C Hawkeye Early-Warning Aircraft.

Although similar items were found to share the same nomenclature, no additional information was available to validate any existing similar characteristics. Based on the market research, this item is similar to others in the commercial marketplace but while it is similar, it is not the same.

Furthermore, based on the Market Research, A). This item is not found in the commercial marketplace but while it is similar, it is not the same, B). there is no commercial application for this item, and C). DLA does not have the technical data needed; therefore, DLA is unable to determine the salient characteristics. Finally, this item is designed only to work with the military generator for the combat aircraft referenced in the J&A and there are no other items compatible with the military generator.

( X ) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

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

[X] The acquisition will be synopsized on or around 12/10/2018 [X] Dealers of the manufacturers will be solicited.

[X] Other: Sources Sought notice posted to FedBizOpps on: 5/7/2018 and closing 5/22/2018, subsequent Sources Sought posted from 11/20/2018 to 11/27/2018.

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

This is a definite quantity contract, for a quantity of: 144 each, with a 100% Option.

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:

Sources Sought Notice was posted to FedBizOpps, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for NSN 2930-01-592-4818. The Sources Sought Notice, posted on 5/7/2018, with a response date of 5/22/2018, yielded no responses. A subsequent Sources Sought was posted 11/20/2018 and closed 11/27/2018. One vendor responded, as a result of the subsequent posting, from Talan Industries

(7PEZ4).

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[X] A market survey was conducted on/during 5/7/2018 and again on 8/3/2018

1. Total number of vendors contacted: Four Names of vendors contacted: Essex Electro Engineers (21269), Brighton Cromwell (3NNX8), Southwest

Radiator (07TG9), and Atlas Radiator (68484) Techniques used to conduct survey: The market survey was conducted by e-mail.

2. Types of information requested:

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

Commerciality Estimated delivery Whether or not item is quantity/price sensitive

Summary of information for Market Survey received:

Southwest Radiator (07GT9) responded, providing Atlas Radiator (68484) as a possible source, but did not respond to providing a completed market survey. Subsequent market surveys were sent to Southwest and Atlas Radiator on 8/3/2018; however, no completed market surveys were received. In addition, market surveys were sent to Brighton Cromwell (3NNX8) and Essex Electro Engineers (21269); however, only Brighton Cromwell responded.

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

[X] 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:

Brighton Cromwell 3NNX8, a small dealer, responded to the Market Survey and indicated they intended to provide an offer, Talan Industries (7PEZ4), a small dealer, responded to the Sources Sought, submitted a completed Market Survey and indicated they intended to provide an offer,

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

[ X ] This solicitation contains the DLAD Procurement Notes entitled Offers for Part Numbered Items (L04) and Evaluation of Offers for Part Numbered Items (M06).

[ X ] Other: The acquisition will be synopsized 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).

Per PGI 206.304 (a)(1), the requirement states that “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.”

There are no previous large contracts for NSN 2930-01-592-4818.

This J&A cited the authority of 10 U.S.C 2304(c){l)- Available from only one or a limited number of sources

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. If not exceeding $700,000, this signature serves as the approval.

John Tubbs Date Contracting Officer

APPROVAL REQUIREMENTS

[X] Up to $700,000

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2019.01.03 18:23:07 -05'00'