SPE7L418R0127_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-18-R-0127

[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

Radiator, Engine Coolant 2930-01-574-7689 61 each C

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

ISO (8X8X20) MULTI-TEMP REFRIG CONT

ESTIMATED BASE VALUE

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

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:

HDT Expeditionary Systems Inc (92878)

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.

Per telecon from Product Specialist dated 08 March 2018, the data used to produce this item has limited rights and is restricted by 92878. HDT Expeditionary System Inc. (92878) is the only approved source for this NSN because at this time they are the only sources that have been approved by the ESA to make/procure this item. The ESA is the authority to whom has to approve or deny any valid sources. 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 01 March 2018, with a response date of 08 March 2018. No responses were received.

The Contracting Officer has reviewed previous acquisitions to determine ALT, PLT, set-aside concerns, and commerciality. Previous acquisitions have been solicited under FAR Part 15.

- Previous acquisitions have been solicited Unrestricted under FAR Part 15

- ALT is 154 days

- MM03 Data 1 shows PLT of record is 161 days. Review of past acquisitions, the average delivery for this item is 180 days. Based on Market Research, the required delivery will be 180 days.

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 61 each.

Recent past history exists for this item. Past contracts were determined fair and reasonable based comparison to 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.

7. Market Survey Questionnaire was sent to HDT Expeditionary Systems Inc. (92878) and DRS Environmental Systems (5RQL2) via e-mail on 01 March 2018. No responses were received.

Sources Sought notification was posted on FedBizOps on 01 March 2018, with a response date of 08 March 2018.

No responses were received.

The Contracting Officer has reviewed previous acquisitions to determine ALT, PLT, set-aside concerns, and commerciality. Previous acquisitions have been solicited under FAR Part 15.

- Previous acquisitions have been solicited Unrestricted under FAR Part 15

- ALT is 154 days

- MM03 Data 1 shows PLT of record is 161 days. Review of past acquisitions, the average delivery for this item is 180 days. Based on Market Research, the required delivery will be 180 days.

Market research was conducted with the Supply Planner to ensure the quantity needed is 61 each.

Supply Planner came back confirming the quantity of 61 each. Product Specialist confirms item has AMC/AMSC code of 3C.

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 HDT Expeditionary Systems Inc. (92878) 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.

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

None

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 J&A (SPE7L4-17-R-0059) is attached.

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

Atch:

1. J&A (SPE7L417R0059)

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.

_ ___03/13/2018_________

Georgia Shirey Date Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer