SPE7L419R0004_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-19-R-0004

[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

Parts Kit, Engine WA 2930-01-667-2730 10 Each C

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

AVENGER CLASS MCM

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:

SIMS PUMP VALVE CO. Inc. (78314) P/N: N18436-V40-80

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 16 October 2018, the Product Specialist confirmed that the only approved source for this item is SIMS Pump Valve Company (78314). 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, 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 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. A sources sought notice was posted on FedBizOps on 15 October 2018, with a response date of 22 October 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: Past procurement history will be reviewed and a PPI analysis will be performed. Based upon contract history, and buyer analysis of that data, 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 manufacturer/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 Questionnaire was sent to SIMS Pump Valve Company (78314), Pioneer Industries (66200), and JGILS Inc (1N8T8) via e-mail 15 October 2018. One response was received from SIMS Pump Valve Company as shown below:

SIMS Pump Valve Company (78314):

• Quoting as SB Manufacturer

• Stated they are the actual manufacturer

• Deals directly with the Government

• States item is not a commercial item

Sources Sought notification was posted on FedBizOps on 15 October 2018, with a response date of 22 October 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 74 days MM03 Data 1 shows PLT of record is 40 days. Market Survey response from SIMS Pump Valve

Company is stating an estimated Contracting Officer has reviewed past acquisitions.

Based on Market Research, taking into consideration quantity variance, the required delivery will be 10 each in 60 days.

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 (COTS) field in the CTDF (EBS transaction MM03) is “Blank” 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 sources:

SIMS PUMP VALVE CO. Inc. (78314)

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

• Response to Market Survey from SIMS Pump Valve Company, states this is not a Commercial-

Off-The-Shelf item.

• SIMS Pump Valve Company states item is not catalog/price listed.

• Contracting Officer has reviewed past acquisitions. Past procurements have been solicited as non-commercial.

• 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.

• Based on the aforementioned information the Contracting Officer has determined that this item is not a commercial:

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 78314 is the only approved source for this NSN because at this time, they are the source that has the rights to the data and 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 rights to the technical data for this item. 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:

SIMS Pump Valve Company

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. Previous procurements has been solicited under Simplified Acquisition Threshold. No previous J&A exists for this NSN.

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.

__ __ ____10/22/2018_________________________

Georgia Shirey Date Contracting Officer

[ X ] Up to $700,000 Contracting Officer