SPE7L420R0043 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L4-20-R-0043

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.

Product Specialist, FL, confirmed the following on May 14, 2020:

6140-01-598-5739 This item is an AMC/AMSC of 3/D.

The Government either has no data, inadequate data, and/ or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

6. Efforts to ensure that quotes are solicited from as many sources as practicable are:

The acquisition will be synopsized on or about the date of 7/1/2020 on FBO 15 days prior to the solicitations opening date of July 17, 2020, and will be available on Fed Biz Ops while the solicitation is open instructing bidders where to find the solicitation which will be open 30 days via the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable:

I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable.

Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market research/efforts to obtain competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. The past procurements were awarded to various small business MILTOPE CORPORATION DBA VT MILTOPE and E-ONE MOLI ENERGY (CANADA) LIMITED dealers.

Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research was conducted to assist with determining the commerciality of this item.

DLA Land and Maritime’s Product Specialist indicated this was not a commercial item. A review of the DLA Product Master Classification does not show this item as commercial. The item is only available from the two approved sources as identified above. In addition, one of the approved sources, Miltope, has provided this item directly to the government and thru small business distributors. Searches on the internet yielded no useful information on the P/N or pricing information and also did not identify any additional manufacturing sources.

A sources sought notice was posted on FedBizOpps from 05/05/2020 to 05/12/2020. No responses were received.

Market Survey [10 U.S.C. 2304(f)(3)(D)] A market survey was conducted on: May 2020

Techniques used to conduct survey: FedBizOpps.gov, e-mail correspondence and Records Management, various internet queries.

APPROVAL/CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

John Tubbs– CONTRACTING OFFICER

I have reviewed and approve this justification:

COMPETITION ADVOCATE

APPROVAL REQUIREMENTS

Up to $700,000 Contracting Officer

$700,000 to $13,500,000 Competition Advocate

$13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

Over $93,000,000 Senior Procurement Executive (AQ)

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2020.07.06 13:00:42 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.07.09 13:22:49 -04'00'