J&A_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L519R0013

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

ELEMENT, COUPLING SHAFT 3010-01-563-8122 2 3D

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

Subject NSN is described as an item composed of a system of fabric plies imbedded in a natural rubber carrier.

Item represents the Power Take Off Generator No. 1 and 2 and used for power generation and emergency drive within the OEM Avondale Industries' Henry J. Kaiser-class fleet replenishment oilers, T-AO vessels 198 thru 204.

The couplings are located in the Main Engine Room (5-60-0), 25-ft flat lower engine room of the ship.

The Department of the Navy is the primary customer of this element.

ESTIMATED BASE VALUE ___________ __________ ____________

ESTIMATED TOTAL VALUE (BASE + OPTION)

______________________________________________N/A_____________

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:

AMERICAN VULKAN CORPORATION 60248 P/N EG29610001

AMERICAN VULKAN CORPORATION 60248 P/N RATO-S 2961

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 AMERICAN VULKAN CORPORATION 60248 P/N EG29610001 and RATO-S 2961 has been identified by the Government as having the complete technical data set to supply this NSN to DLA and the using military service. As such, acquisition from the currently approved source is required. Product Specialist conducted the last technical review of this item on May 30, 2019. 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 ___June 28, 2019_____.

[ 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 AMERICAN VULKAN CORPORATION.

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 may 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 2 SE.

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 ___05/30/2019 – 06/05/2019_______.

Total number of vendors contacted: _____1______________________.

Names of vendors contacted:

CAGE 60248 – AMERICAN VULKAN CORPORATION previous awardee (OEM; nonresponsive)

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.

Vendor did not respond to the market research request.

Previous history for this item shows one contract, SPE7L314C0045P00002 in 2014 for a quantity 2 SE at a unit price of $246,255.00. Award was issued to the sole offer and OEM, CAGE 60248.

A sources sought was posted to FedBizOpps between May 30, 2019 – June 4, 2019 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.

The SAP COTS status is blank status, No results were found on the GSA Advantage site, and the Product Specialist indicated item is for military purposes only.

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.

9. 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)

NONE

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

The solicitation contains the PROC NOTES L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items.

12. 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. The J&A for previous procurement SPE7L314C0045P00002 is attached.

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.

Contracting Officer Date

APPROVAL REQUIREMENTS

[ X ] Up to $750,000 Contracting Officer

[ ] $750,000 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)

ATTACHMENTS:

I. Previous procurement J&A: SPE7L314C0045P00002

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2019.06.20 14:27:56 -04'00'