SPE7L418R0038_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-18-R-0038

[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 QUANTITY EST. VALUE AMSC

Engine, Diesel 2815-01-543-5043 42 each D

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

SUPPORT EQUIPMENT, F-15 AIRCRAFT

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTION)

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.

• This item is a Code/PN item supplied by the following approved sources:

W.W. Williams Co. (45G80) Deutz Corporation (63445)

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 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.

Per telecom on 22 October 2017, the Product Specialist confirmed that the only approved sources for this item are Deutz Corporation (63445) and W.W. Williams (45G80). They are the only source 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 3D 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:

The acquisition will be synopsized for 15 days prior to the solicitation opening. 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).

Dealers of the manufacturers will be solicited.

Sources sought notification was posted on FedBizOps on 19 October 2017 with a response date of 26 October 2017. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: Past procurement history will be reviewed and a PPI analysis will be performed. Based upon contract history, and information provided in the market survey, it is anticipated that the award will be determined fair and reasonable. Solicitation is for a firm fixed price contract. Past order was determined fair and reasonable based on competition among dealers (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 was sent via e-mail on 19 October 2017 to Clarke Power Services (1SHN6), Brinkley Technology Group (1ML14), Deutz Corporation (63445), and Central Diesel Inc (7A013). Three responses were received from Clarke Power Service, Central Diesel, and Deutz Corporation as shown below:

Clarke Power Services (1SHN6):

• Small Business dealer

• n

• Deals directly with the Government

• States item is commercial, but did not provide price list/commercial sales history

Deutz Corporation (63445)::

• Large Manufacturer

• Does not deal directly with the Government

• States item is not a commercial item

Central Diesel Inc. (7A013):

• Small Business dealer

• Deals directly with the Government

• States item is commercial, but did not provide price list/commercial sales history

A sources sought notification was posted on FedBizOps on 19 October 2017 with a response date of 26 October 2017. No responses were received.

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

• Previous acquisitions have been solicited as Unrestricted under FAR Part 15. Deutz Corporation (63445) and W.W. Williams (45G80) 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 manufacturers are not expected.

• ALT is 58 days

• MM03 Data 1 shows PLT of record is 121 days. Market Survey was sent via e-mail on 19 October 2017 to Clarke Power Services (1SHN6), Brinkley Technology Group (1ML14), Deutz Corporation (63445), and Central Diesel Inc (7A013). Three responses were received from Clarke Power Service, Central Diesel, and Deutz Corporation. Response from Clarke Power Service stated an estimated delivery response from Deutz Corporation stated an estimated delivery . Response from Central Diesel stated an estimated delivery . Contracting Officer has reviewed past procurements.

Based on previous acquisition considering quantity variance and responses to Market Survey, the required delivery will be 160 days for a quantity of 42 each, with an option delivery of 42 each in 160 days.

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. This is a code and part number buy and cage 45G80 and 62445 are the only approved 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:

Clarke Power Service (1SHN6) Central Diesel (7A013) Deutz Corporation (62445)

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. No previous J&A could be found.

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

• 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.

• Requirement will be synopsized for 15 days and posted to DIBBS for a period of 30 days

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.

______11/06/2017____

Georgia Shirey Date

Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer