SPE7L420R0013 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-20-R-0013

[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 2910-01-513-7988 73 each D

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

LPD-17 CLASS AMPHIBIOUS TRANSPORT DOCK

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 source:

Fairbanks Morse (7PZX0) P/N: P158821 SEQ A0014280000 Fairbanks Morse (7PZX0) P/N: P78516

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 23 October 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, 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:

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 23 October 2019 with a response date of 30 October 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 orders was determined fair and reasonable based on competition among dealers (BB) and comparison to past history (BG)/ (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 23 October 2019 to Fairbanks Morse (7PZX0), JGILS LLC (1N8T8), Howco Distributing Co. (5E074), Pioneer Industries (66200), and Chand LLC (0D5X4).

Three responses were received as shown below:

CHAND LLC (0D5X4):

• Large Business dealer

• Quoting cage 7PZX0 – Fairbanks Morse

• Deals directly with the Government

• States item is commercial, but does not have price list/commercial sales history

PIONEER INDUSTRIES (66200):

• Small Business dealer

• Quoting cage 7PZX0 – Fairbanks Morse

• Deals directly with the Government

• States item is not a commercial item

JGILS LLC (1N8T8):

• Small Business dealer

• Quoting cage 7PZX0 – Fairbanks Morse

• Deals directly with the Government

• States item is not a commercial item

A sources sought notification was posted on FedBizOps on 23 October 2019 with a response date of 30 October 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. Fairbanks Morse (7PZX0) 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 are not expected.

• ALT is 115 days

• MM03 Data 1 shows PLT of record is 253 days. Market Survey was sent via e-mail on 23

October 2019 to Fairbanks Morse (7PZX0), JGILS LLC (1N8T8), Howco Distributing Co.

(5E074), Pioneer Industries, and Chand LLC (0D5X4). Responses were received from Chand LLC, JGILS LLC, and Pioneer Industries. Response from Chand LLC

Response from Pioneer Industries stated an Response from JGILS LLC stated an Contracting Officer has reviewed past procurements. Based on previous acquisitions, considering quantity variance and response to Market Survey, the required delivery will be 415 days for a quantity of 73 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” but there is no Commercial Sales History. Item is not catalog/price listed. (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 Pioneer Valve states this is not a Commercial Off-the-Shelf item and item is not catalog/price listed.

Response to Market Survey from Chand LLC states item is commercial but there is no sales history or price list available.

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

• 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. 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:

Chand LLC (0D5X4)

JGILS LLC (1N8T8)

Pioneer Industries (66200)

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 (SPE7L4-18-R-0105) 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.

_ ______ _______10/30/2019_________________

Georgia Murray Date Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer