SPE7L418R0070_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-18-R-0070

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 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

Valve, Fuel System 2910-01-454-5005 24 each D

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

AIRCRAFT, HORNET F/A-18 (E/F)

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTIONS): N / A

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

10 U.S.C. 2304(c) (l) - 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: Sweeney Engineering Corp (96736)

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 12/12/2017, the Product Specialist, confirmed that the only approved source for this item is Sweeney Engineering Corp (96736). 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.

6. 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, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

Dealers of the manufacturer will be solicited.

Other. A sources sought notice was posted on FedBizOps on 08 December 2017 with a response date of 15 December 2017. No responses/inquiries were received.

7. 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 price analysis will be performed. PPI code being used for analysis is PCU 336310336310, Motor Vehicle Gasoline Engine and Engine Parts Manufacturing. It is determined that the award will be determined fair and reasonable, based upon a buyer price analysis and comparison to contract history.

• The solicitation is being issued as a non-commercial firm fixed price for a quantity of 24 each. Recent past history exists for this item. Past contract was determined fair and reasonable based on past history and buyer analysis of that data (BG). 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.

8. Market Research/Efforts to Obtain Competition: Market Survey Questionnaire was sent via e-mail on 08

December 2017 to Sweeney Engineering (96736), Cesta Bau GMBH (CL155), IG Transport UG (CL234), and LTD Battechnik (SBVZ8). No responses were received. Previous Market Survey was completed by Sweeney Engineering for this item for the same quantity. Previous response from Sweeney Engineering (96736) is shown below:

Sweeney Engineering (96736):

• Quoting as large business manufacturer.

• Deals directly with the Government

• Item is not a commercial item

• Item is not catalog/price listed item

Sources Sought Notice: NSN 2910-01-454-5005 is a sole source code and P/N buy. A sources sought notification was posted on 08 December 2017 with a response date of 15 December 2017. No inquiries/responses were received.

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. Sweeney Engineering Corp (96736) is the only known approved source of supply for this item. Based on review of history, quotes from two small offers offering the product of at least two small independent manufacturers is not expected.

• ALT is 184 days

• MM03 Data 1 shows PLT of record is 86 days. Based on Market Survey results, the required delivery will be 406 days.

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.

• Item is a code and part number item and Sweeney Engineering, Cage 96736 is the only approved source 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.

• 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. Previous J&A (SPE7L417R0058) is attached.

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

Sweeney Engineering Co. (96736)

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.

_ ______ _______01/02/2018_________________

Georgia Shirey Date Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

Atch:

1. Previous J&A (SPE7L417R0058)