J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L518R0027

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

DIESEL ENGINE PARTS KIT 2815-99-384-0978 575 3D

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

Subject NSN is described as a diesel engine parts kit. The kit is for a single head joint/ferrule and comprised of 31 industrial total components. Included in the kit are ring joints, a joint, and O-rings.

The Department of the Navy is the primary customer for this diesel engine parts kit along with the coast guard

This parts kit is for the Paxman diesel system engines. MAN Diesel & Turbo UK is the original equipment manager of these engines. These engines are used in Coastal Patrol Boats and the Navy model 16RP200CM

16CYL 1500RPM.

ESTIMATED BASE VALUE ___________ _________ ____________

ESTIMATED TOTAL VALUE (BASE + 50% 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:

MAN DIESEL LTD DBA PAXMAN K8098 P/N RP/SL84

The use of the authority cited below:

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

[ x ] 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 the Approved Manufacturer Parts List available for this NSN, only MAN DIESEL LTD DBA PAXMAN K8098 P/N RP/SL84 has been identified by the Government as having the complete technical data set to supply this NSN to DLA and the using military service. Product Specialist conducted the last technical review of this item on January 8, 2018. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3D 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 has the technical data 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 ___February 9, 2018_____.

[ x ] Request for Proposal will be posted on DIBBS for a period of 30 days to allow any offeror the opportunity to submit a Proposal for the product of MAN DIESEL LTD DBA PAXMAN.

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. 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 575 each with a 50% 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 ___12/14/17 – 12/21/17_______.

Total number of vendors contacted: _____1______________________.

Names of vendors contact:

1. MAN DIESEL TURBO NORTH AMERICA CAGE 5P630

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:

CAGE 5P630 responded to the market survey on January 9, 2018.

A sources sought was posted to FedBizOpps with a market research request form attached from December 14 to

December 19, 2017. To date, no responses were received

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

No response to the market survey or sources sought notice was received and could not be used to determine commerciality

NSN 2815-99-384-0978, in accordance with FAR 2.101, is considered non-commercial.

Therefore, the Contracting Officer determines this item is manufactured for military use only is to be considered non-commercial. Therefore, the Government is not utilizing FAR Part 12 procedures. The solicitation shall be issued pursuant to FAR Part 15 procedures.

Synopsis will state that based upon market research, the Government is not using the policies contained in FAR

Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

2. Additional facts supporting other than full and open competition are:

[ x ] 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. The data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

5P630 MAN DIESEL AND TURBO NORTH AMERICA INC.

11. FARS 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 for previous J&A’s. Previous procurements were acquisitioned under the Simplified Acquisition Threshold and a J&A was not required.

12. The following actions are being taken to identify additional sources:

The solicitation contains the PROC NOTES 104 Offers for Part Numbered Items and

M06 Evaluation of Offers for Part Numbered Items.