SPE7L418R0166_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-18-R-0166

[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

Filter Assembly, Fluid 2910-01-422-7809 34 EA C

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

Ticonderoga Class CG (47)

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTION) 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.

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

Donaldson Company Inc. (13520) P/N: 430074

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 telecom with Product Specialist dated 27 June 2018, NSN 2910-01-422-7809 is coded AMC/AMSC 3C because the item is made to an engineering drawing that is limited rights data that the Government does not own and only Donaldson Company has access to the drawing. Per Product Specialist, ESA states the AMC/AMSC of 3C 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 on FedBizOps 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)..

[ ] 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. Sources sought notification was posted on FebBizOps on 26 June 2018 with a response date of 03 July 2018. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: Solicitation is for a firm fixed price contract. R e c e n t p a s t h i s t o r y e x i s t s f o r t h i s i t e m . Past orders were determined fair and reasonable based on competition among dealers (BB), past history and buyer analysis of that data (BG), and the pricing logic of the automated purchase procedure (XG).

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 26 June 2018 to Donaldson Company (13520), Brighton Cromwell (3NNX8), Longhorn Regional (4GK47), and Kampi Components (7Z016). Kampi Components stated they no longer support this item. Two responses were received from Kyrish Government Group/Lognhorn Regional Center (4GK47) and Brighton Cromwell (3NNX8) as shown below:

Kyrish Government Group (4GK47):

Small Dealer Quoting Donaldson Company as manufacturer Deals directly with the Government

States item is not commercial

Brighton Cromwell (3NNX8):

Small Dealer Quoting Donaldson Company as manufacturer Deals directly with the Government

States item is not commercial

A sources sought notification was posted on FedBizOps on 26 June 2018 with a response date of 03 July 2018. 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. Donaldson Company (13520) is the only known approved source 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 is not expected.

ALT is 218 days MM03 Data 1 shows PLT of record is 218 days. Previous acquisition had a delivery of 200 days for a quantity of 20 each. Based on results of Market Research, review of past history, and quantity variance, the required delivery will be 250 days for a quantity of 34 each.

Commercial Determination: The contracting officer reviewed this NSN and has determined this item is not a commercial item; therefore FAR Part 12 procedure will not be utilized. This item will be solicited under FAR Part 15. The following factors have led to this conclusion:

The Commercial off the shelf (COS) field in the CTDF (EBS transaction MM03) is “No” and there are no statements regarding commerciality (See Tab 1 of Main File).

Review of Material Master indicates that this item is a Code/PN item supplied by the following approved source:

Donaldson Company (13520) P/N: 430074

Review of the Internet does not show evidence that this item is available on the commercial market.

Per FAR 12.205, a review of the item population shows that for the items being procured under this initiative, there is not generally product literature available in the industry to determine its adequacy for purposes of evaluation.

Market Survey responses from Brighton Cromwell and Kyrish Trucks states item is not commercial.

Per Product Specialist, this is a code/part number item and Donaldson Company is the only approved source.

Contracting Officer has reviewed previous acquisition. Previous procurement was solicited under

FAR Part 15.

The following statement will be included in the synopsis, “Based upon market research, the Government is not using the policies contained in Part 12, in its solicitation for the described supplies. However, interested persons may identify to the Contracting Officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

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 13520 is the only approved source. 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:

Brighton Cromwell (3NNX8) Kyrish Government Group (4GK47)

10. DF ARS 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 previous justification.

Contracting Officer has searched Records Management for previous J&A's. Previous J&A (SPE7L418R0096) is attached.

11. Before any subsequent acquisitions or recertification of class determination are made, 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

[ ] Other __.