SPE7L419R0059_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-19-R-0059

[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

Engine, Diesel 2815-01-543-5043 63 each R

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

SUPPORT EQUIPMENT, F-15 AIRCRAFT

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTION) _________________

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 sources:

W.W. Williams Co. (45G80) Deutz Corporation (62445)

The use of the authority cited in other than 10. U.S.C. 2304(c)(l) above:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Per telecom on 06 May 2019, the Product Specialist confirmed that the only approved sources for this item are Deutz Corporation (62445) and W.W. Williams (45G80). 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 1R 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:

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).

Dealers of the manufacturers will be solicited.

Sources sought notification was posted on FedBizOps on 30 April 2019 with a response date of 07 May

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 competition among 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 was sent via e-mail on 30 April 2019 to Clarke Power Services (1SHN6), Deutz Corporation (63445), W.W. Williams (45G80), Hercules Engine (1F3K1), and Central Diesel Inc (7A013). One response was received from Clarke Power Service as shown below:

Clarke Power Services (1SHN6):

• Small Business dealer

• Quoting cage 62445 – Deutz Corporation

• Deals directly with the Government

• States item is commercial, but did not provide price list/commercial sales history

A sources sought notification was posted on FedBizOps on 30 April 2019 with a response date of 07 May 2019.

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. Deutz Corporation (63445) and W.W. Williams (45G80) are the only known approved sources 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 are not expected.

• ALT is 64 days

• MM03 Data 1 shows PLT of record is 180 days. Market Survey was sent via e-mail on 30 April 2019 to

Clarke Power Services (1SHN6), Deutz Corporation (63445), W.W. Williams (45G80), Hercules Engine (1F3K1), and Central Diesel Inc (7A013). One response was received from Clarke Power Service.

Response from Clarke Power Service . Based on previous acquisitions, considering quantity variance and response to Market Survey, the required delivery will be 180 days for a quantity of 63 each.

• 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 “YES”.

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

W.W. Williams Co. (45G80) Deutz Corporation (62445)

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

Response to Market Survey from Clarke Power states item is commercial, but they are not able to provide invoices/price lists. No commercial sales history.

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 45G80 and 62445 are the only approved 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:

Clarke Power Service (1SHN6)

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. Previous J&A (SPE7L418R0038) 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

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.

______05/20/2019____

Georgia Shirey Date Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer