J&A6.302-1cSPE7L320C0009.pdf

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L319R0049

[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 basis.

3. The supplies required to meet the using activity’s needs are described as follows: (NSN 2910-01-434-5204).

BRIEF

DESCRIPTION

NSN/P/N QUANTITY OPTION

& QTY

BASE

ESTIMATE

EST. TOTAL

VALUE

AMSC

Pump, fuel, electrical 2910-01-434-5204 79 EA

100%

TOTAL

158 EA

$ C

Identify end item, weapon system, or class of item: Recovery vehicle, FU

This solicitation is for 79 each and includes a 100% option to procure an additional 79 each maximum.

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.

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

L3 Technologies (02978) part number 655401

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

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

The use of the authority cited is based on:

AMSC C: This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

The product specialist confirmed on September 6, 2019, the only approved source for this item is L3 Technologies.

They are the only source that possesses the technical data required to manufacture this item and the drawings are proprietary to the approved source. At this time, there are no pending source approvals with the ESA.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: This acquisition synopsized on September 20, 2019 for 15 days prior to the solicitation opening and will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. PPI analysis will be performed. Based upon contract history for similar items, information provided in the market survey, and other techniques, it is anticipated that the award will be determined fair and reasonable. This is a definite quantity contract for a quantity of 79 each with a 100% option.

8. Market Research/Efforts to Obtain Competition:

A market survey was conducted September 5, 2019 Total number of vendors contacted: 5 Name of vendors contacted: Southeast Power Systems (3L018), Brighton Cromwell (3NNX8), Grand Industries, Inc.

(7S443), L3 Technologies (02978), Meggitt (North Hollywood), INC. (58163) Name of vendor responding: 3NNX8, 02978 and 58163/62228 Techniques used to conduct survey: The market survey was conducted via e-mail.

Types of information requested:

Size of Business Manufacturer or dealer Is there stock on hand Commerciality Estimated delivery Price breaks

Summary of information received:

L3 Harris Combat Propulsion Systems (02978) responded to the Market Survey they are a large business interested in a Large Purchase/Options and would provide the product of the approved source.

The item is not considered commercial per far 2.101(b).

Brighton Cromwell (3NNX8) responded to the Market Survey they are a small business interested in a Large Purchase/Options and would provide the product of the approved source.

The item is not considered commercial per far 2.101(b).

Meggitt Defense Systems, Inc. (62228) responded to the Market Survey they are a large business but stated “NO” when asked if they intend to quote this NSN. They state, “MDSI part number (MDSI = Meggitt’s part number) does not match the NSN, should be NSN 2930-01-109-4396.” Upon the Contracting Officer’s review of Haystack, the new NSN provided by Meggitt Defense Systems as the correct NSN is for an engine-cooling pump. However, the NSN sought on the PR, 2910-01-434-5204, is for a different part – an electrical fuel pump. Meggitt was contacted on October 9, 2019, for clarification of their response. Based on Meggitt Defense Systems clarification, they are referencing a part number that was used for a previous DLA order, and when the NSN was input into their system, it pointed them to a part number and a new NSN as they do not have the NSN which was being solicited. Therefore, the Contracting Officer concludes the vendor cannot offer the item required.

Sources Sought posted to FBO September 5, 2019 with no responses received. Market research for this item is limited due to the specific requirements involved for the item. The product specialist has indicated that L3 Technologies is the only source that possesses the technical data required to manufacture this item. Material Master does not show this NSN as commercial. The item has been determined non-commercial due to the lack of evidence within the market research and internet searches of the part number and with a previously submitted J&A.

The item has been determined non-commercial due to lack of evidence in the market research, including my internet searches of the part number that showed no commercial availability and based on the non-commerciality determination in the previous J&A. A firm fixed price contract will be issued because the requirement is well defined, Contractor is experienced in making it, market conditions are stable and financial risks are otherwise insignificant.

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: Brighton Cromwell and L3 Harris

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

The solicitation contains Procurement Notes L04 (Offers for part numbered items) and M06 (Evaluation of Offers for Part Numbered Items), which permit offerors to quote alternate items.

12. There is a procurement history for this NSN with a previously required J&A.

APPROVAL REQUIREMENTS

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.

Sheri L Race, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate Date

APPROVAL REQUIREMENTS

[] Up to $700,000 Contracting Officer

[X ] $750,000 to $13,500,000 Competition Advocate

RACE.SHERI.

L.1230108362

Digitally signed by

RACE.SHERI.L.1230108362

Date: 2019.10.15 14:39:26 -04'00'

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2019.10.18 10:15:39 -04'00'