J&A_redacted_R0016.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L518R0016

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

[ 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

EXHAUST MANIFOLD 2805-01-350-8874 11 3C

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

Subject NSN is described as a preformed metallic exhaust manifold with two or more inlet ports and passages, and a common outlet designed to collect and direct exhaust gases from the cylinders of an internal combustion engine

The Department of the Navy is the primary customer for this fluid filter assembly. The exhaust manifold is used on the Landing Craft Air Cushion (LCAC). The LCAC is a class of air-cushion vehicle (hovercraft) used as landing craft by the United States Navy's Assault Craft Units. They transport weapons systems, equipment, cargo and personnel of the assault elements of the Marine Air/Ground Task Force both from ship to shore and across the beach.

The Department of the Army is the primary customer for this supplemental plate armor.

ESTIMATED BASE VALUE ___________ __________ ____________

ESTIMATED TOTAL VALUE (BASE + 100% OPTION)

MAXIMUM CONTRACT VALUE

4. The statutory authority permitting other than full and open competition is:

[ x ] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

SHAPES GROUP LTD CO. DBA SHAPES 3CJ11 P/N 259-5750008-001

The use of the authority cited below:

[ c ] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

https://en.wikipedia.org/wiki/Air-cushioned_landing_craft https://en.wikipedia.org/wiki/Hovercraft https://en.wikipedia.org/wiki/Landing_craft https://en.wikipedia.org/wiki/Assault_Craft_Unit_5

[ x ] 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 the Approved Manufacturer Parts List available for this NSN, only SHAPES GROUP LTD CO. DBA SHAPES 3CJ11 P/N 259-5750008-001 has been identified by the Government as having the complete technical data set and appropriate manufacturing expertise to supply this NSN to DLA and the using military service. As such, acquisition from the currently approved source is required to maintain the quality of this armor. Product Specialist conducted the last technical review of this item on July 5, 2017. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3C was verified as correct. Currently, there are no 339's generated to the ESA for this material. Based on technical review, only the approved source as the technical data and manufacturing expertise to successfully manufacture this item for the Government and using military service.

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

[ x ] The acquisition will be synopsized on or about ___December 6, 2017_____.

[ x ] Request for Proposal will be posted on DLA’s Internet Bid Board System (DIBBS) for a period of 30 days to allow any offeror the opportunity to submit a Proposal for the product of SHAPES GROUP

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

• Past procurement history will be reviewed, and a PPI price analysis will be performed. Other than cost and pricing data will be requested and analyzed if necessary. Additionally, discussions may be held with offerors, if needed, to determine price fair and reasonable.

• This is a definite quantity firm fixed price contract for a total quantity of 11 each with a 100% option.

• Multiple/Split awards will not be considered, as this item is being procured on an All or None basis.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ x ] A market survey was conducted on/during ___11/03/17 – 11/10/17_______.

Total number of vendors contacted: _____1______________________.

Names of vendors contacted and responding:

SHAPES GROUP LTD CO. DBA SHAPES 3CJ11 – responded November 08, 2017

Techniques used to conduct survey: email

Types of information requested:

Size of business, type of business, commerciality, price listed/stock inventory status, willingness to offer proposal, delivery schedule, quantity sensitivity, Inspection/Acceptance points, and hazardous materials.

Summary of information received:

On November 8, 2017 CAGE 3CJ11, Shapes Group responded to the survey. from Shapes responded their company is a small business and the actual manufacture of the manifold. Shapes Group indicated they prefer to deal directly with the Government rather than dealers. This item is not commercial

Review on most purchase order SPE7L118V0432 reveals no alternate offers were received. One technically acceptable quote was received from CAGE 3CJ11 offering their approved product.

A sources sought was posted to FedBizOpps between November 3, 2017 – November 8, 2017 with a market research request form attached, but no responses were received to date.

Information received regarding the commerciality of the item(s):

Commercial Determination:

Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. General public is interpreted as individuals using such parts in a non-governmental or military capacity.

Per FAR 12.205, a review of the item shows that there is no existing product literature generally available in the industry to determine its adequacy for purposes of evaluation.

AMC/AMSC of 3C, blank SAP COTS status, O results found on the GSA Advantage site, and Product Specialist indicated item is for military purposes only.

CAGE 3CJ11 stated this item is not commercial in their market survey.

NSN 2805-01-350-8874, in accordance with FAR 2.101, is considered non-commercial.

Therefore, the Contracting Officer determines this item to be non-commercial and the solicitation shall be issued pursuant to FAR Part 15 procedures.