SPE7L419R0034_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-19-R-0034

[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

Injector Assembly, Fuel 2910-01-469-8069 52 EA D

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

USNS HENRY J. KAISER CLASS TAO

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:

Fairbanks Morse Engine (7PZX0) P/N: 777750

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 01/22/2019, the Product Specialist confirmed that the only approved source for this item is Fairbanks Morse (7PZX0). 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:

[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.

[X] Other. Sources sought FedBizOps on 16 January 2019 with a response date of 23 January 2019. 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 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 was sent via e-mail on 16 January 2019 to Chand (0D5X4), JGILS (1N8T8), and Fairbanks

Morse Engine (7PZX0). Two responses were received from Chand LLC and JGILS. Responses are shown below:

CHAND LLC (0D5X4):

• Quoting as LB Dealer

• Quoting Fairbanks Morse (7PZX0) as manufacturer

• Item is commercial off the shelf item but no sales history

JGILS (1N8T8):

• Quoting as SB Dealer

• Quoting Fairbanks Morse (7PZX0) as manufacturer and Chand (0D5X4) as distributor

• Item is not a commercial off the shelf item with sales history

A sources sought notification was posted on FedBizOps on 16 January 2019 with a response date of 23 January 2019. No responses were received.

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

Contracting Officer has reviewed past history. Previous acquisitions have been issued as Unrestricted.

Small business dealers offering the product of a large manufacturer. Solicitation is being issued as Unrestricted under FAR Part 15. Fairbanks Morse Engine is the only known approved source of supply for this item. Quotes from two small offers offering the product of at least two small independent manufacturers is not expected.

ALT is 53 days MM03 Data 1 shows PLT of record is 221 days. Market Survey received from JGILS (dealer) is stating an estimated Market Survey received from Chand LLC (dealer) is stating an estimated

, the required delivery will be 52 each in 435 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 (COS) 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 source:

Fairbanks Morse Engine (7PZX0)

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

• Response to Market Survey from JGILS, states this is not a Commercial Off the Shelf item and item is not catalog/price listed.

• Response to Market Survey from Chand states item is Commercial, but cannot provide sales history. Item is not catalog/price listed.

• 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 item.

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 7PZX0 is the only approved source. 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:

JGILS

Chand LLC

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 J&A (SPE7L418R0193) is attached.

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

Atch:

1. Previous J&A (SPE7L419R0193)

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.

01/23/2019

Georgia Shirey Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer