SPE7L417R0040_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-17-R-0040

[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:

BRIEF DESCRIPTION .NSN/P/N QUANTITY EST. VALUE AMSC

Filter Element, Fluid 2910-00-203-3322 1794 each C

Identify end item, weapon system, or class of item:

AIRCRAFT, HERCULES C-130

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTIONS):

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

(X) 10 U.S.C. 2304(c) (l) - Available from only one or a limited number of sources.

If restricted to the only source(s) of supply, include source(s) and Cage Code:

Purolator Facet (90005) Grimes Aerospace Company (72914)

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

AMC 2. Suitable for competitive acquisition for the first time.

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.

Per telecom on 20 December 2017, the Product Specialist, , confirmed that the only approved sources for this item are Purolator Facet (90005) and Grimes Aerospace Company (72914). They are the only sources that possesses the technical data required to manufacture this item. The data is not owned by the Government and is proprietary to the OEM. Per Product Specialist, ESA states the AMC/AMSC of 2C is correct. The Government does not own the technical data for this item and cannot obtain the technical data economically.

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

[X] The acquisition will be synopsized for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System

(DIBBS).

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

[ X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ X] Other. A sources sought notice was posted on FedBizOps on 20 December 2016 with a response date of 27 December 2016. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: The solicitation is being issued as a non-commercial firm fixed price for a quantity of 1794 each with an option to purchase an additional 1794 each. Recent past history exists for this item. Past contracts were determined fair and reasonable based adequate price competition from at least one manufacturer plus at least one independent non-manufacturing source for the item or involving two or more independent non-manufacturing sources (BB). Other than cost and pricing data will be obtained if necessary. Based on review of past history, the Contracting Officer anticipates the cost to the Government will be fair and reasonable.

7. Market Survey Questionnaire was sent via e-mail on 20 December 2016 to Gigli Enterprise (1CU83), Purolator Facet (90005), and Grimes Aerospace (72914). Two responses were received from Gigli Enterprise and Purolator Facet. Responses received from Gigli Enterprise and Purolator Facet are shown below:

Gigli Enterprise (1CU83):

• Quoting as SB dealer

• Quoting Purolator Facet, Inc. Cage 90005

• Deals directly with the Government

• Item is not a commercial item

Purolator Facet Inc (90005):

• Large Manufacturer

• Does not deal directly with the Government

• Quotes through Gigli (1CU83)

• Item is not a commercial item

A sources sought notification was posted on FedBizOps on 20 December 2016 with a response date of 27 December 2016. No responses were received.

Market research was conducted with the Supply Planner to ensure the quantity needed is 1794 each.

Supply Planner came back confirming the quantity of 1794 and would like a 100% option. Product Specialist confirms item has AMC/AMSC code of 2C.

The Contracting Officer has reviewed previous acquisition to determine ALT, PLT, set-aside concerns, and commerciality. See below results:

- Previous acquisition was solicited as Unrestricted under FAR Part 15. Purolator Facet (90005) and Grimes Aerospace Company (72914) are the only known approved sources of supply for this item. Based on review of past history, quotes from two small offers offering the product of at least two small independent manufacturers are not expected.

- ALT is 132 days

- MM03 Data 1 shows PLT of record is 131 days. Review of past acquisitions shows an average delivery of

30-190 days for a quantity of 135 each.

8. 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. Item is a code and part number item and Purolator Facet (90005) and Grimes Aerospace Company (72914) are the only approved sources for this NSN with the technical data needed to manufacture this item. ESA approval is required to add/delete sources. The data presently available reflects the minimum needs of the Government.

9. A listing of sources, if any, indicating an interest in the acquisition is:

Purolator Facet (90005)

Gigli Enterprises (1CU83)

10. 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.

Contracting Officer has searched Records Management for previous J&A. Previous acquisitions have been small purchase. No previous J&A could be found.

11. This item is subject to the following methods of locating additional sources:

[X] The solicitation contains the DLA Land and Maritime Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

[ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering

[ ] Othcr

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.

Georgia Shirey

Contracting Officer

[ X ] Up to $700,000

01/17/2017

Date

APPROVAL REQUIREMENTS

Contracting Officer