SPE7LX-22-R-0037 - Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-22-R-0037

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Contents shall not be disclosed, discussed, or shared with individuals unless they have a direct need-to-know in the performance of their official duties. The document(s) are to be handled in accordance with CUI procedures. If you are not the intended recipient or believe that you have received this document(s) in error, do not copy, disseminate, or otherwise use the information.

5. If restricted to the only sources of supply, include sources and CAGE code:

CLIN NIIN CAGE PART

NUMBER

CAGE NAME

0001 004370022 70236 5815 TACTAIR FLUID CONTROLS, INC.

0001 004370022 21439 52D10418-1 ENGINEERED ARRESTING SYSTEMS

0002 004929235 21439 9C00337-1 ENGINEERED ARRESTING SYSTEMS

0003 013903143 21439 52D341-2 ENGINEERED ARRESTING SYSTEMS

The use of the authority cited is based on:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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

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 form 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.

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.

On September 20, 2021, Quality Assurance Specialist, , certified that the accuracy of the NSN, AMC/AMSC, and approved source(s) as identified in the J&A are valid and have no pending DLA Form 339’s.

Tactair Fluid Controls, Inc. (70236) and Engineered Arresting Systems (21439) are the only sources specified on the manufacturer parts list for CLIN 0001 in SRM (as received from the Defense Logistics Information Service). Additionally, Engineered Arresting Systems (21439) is the only source specified on the manufacturer parts list for CLIN 0002 and CLIN 0003 in SRM. Tactair Fluid Controls and Engineered Arresting systems are the only sources approved by the design control activity for NSN 4820-00-437-0022 because Tactair Fluid Controls and Engineered Arresting Systems retain the 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. Engineered Arresting Systems is also uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture NSNs 3010-00-492-9235 and 3040-01-390-3143..

There are no known pending source approval requests with ESA.

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

SOLICITATION SPE7LX-22-R-0037

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Contents shall not be disclosed, discussed, or shared with individuals unless they have a direct need-to-know in the performance of their official duties. The document(s) are to be handled in accordance with CUI procedures. If you are not the intended recipient or believe that you have received this document(s) in

A Sources Sought notice was run on SAM.com from November 30, 2021, to December 08, 2021, with no responses received.

The acquisition will be synopsized on January 28, 2022, and will run for a minimum of 16 days. At the completion of the synopsis period, the Request for Proposal (RFP) will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

The OEM/approved sources and dealers for this part will be solicited.

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

Relevant pricing issues: The solicitation will utilize FAR Part 15 procedures with the cost or pricing clauses.

The total value of this acquisition is greater than the $2,000,000 threshold for Certified

Cost and Pricing Data (CCPD). Therefore CCPD will be required for this acquisition, unless adequate competition is received in response to the solicitation, per 15.403-1(b)(1).

Basis for determining that the anticipated price/cost will be fair and reasonable: Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be conducted using historical pricing determined fair and reasonable for the same or similar item, the Producer Price index (PPI) and learning curve analysis.

This is a five-year, Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity Contract (IDIQ). The five-year period is inclusive of one three-year base period and two separately priced one-year option periods. As such, the price analysis for future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes.

By using the above techniques, the Contracting Officer anticipates that the prices to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted to find the following:

o Researching items on-line via the internet for availability and features.

o Reviewing previous procurements of items and determining previous acquisition methods.

o Determining vendor interest in long-term contracting for the items.

o Researching/gathering information regarding commerciality of the items.

o Vendor size and business status information.

o Delivery estimates.

o Possibility for Economic Price Adjustment of Option Years.

o Base year and option years; optimal lengths, possible price/cost advantages.

o Distributor involvement.

DLA Land and Maritime conducted various forms of market research in advance of this solicitation. A Sources Sought notice, with a copy of the market survey attached, was posted on SAM.com from November 30, 2021, through December 08, 2021, with no responses received. In addition, the acquisition specialist contacted the only OEM/approved sources and previous awardees, shown below, by e-mail, with a request to complete a market survey:

o Tactair Fluid Control (70236)

SOLICITATION SPE7LX-22-R-0037

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Contents shall not be disclosed, discussed, or shared with individuals unless they have a direct need-to-know in the performance of their official duties. The document(s) are to be handled in accordance with CUI procedures. If you are not the intended recipient or believe that you have received this document(s) in

9. 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. 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:

Engineered Arresting Systems (21439) Kampi Components (7Z016)

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive. The Government will also include DLA Procurement Notes L04 Offers for Part Numbered Items and DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

The Government will consider alternate offers, and that alternate offerors should submit a source approval request (SAR) package that will be referred to the engineering activity. If the current procurement cannot be delayed, due to mission requirements and to allow sufficient time for the engineering activity to determine whether to approve the alternate offer, the SAR package will be considered for future awards. Per PGI 206.304, a search for the previous J&A was conducted, however a copy could not be located in Records Management.

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.

John. W. Hutcheson Contracting Officer

Approval/Certification I have reviewed and approve this justification. The estimated total value of the J&A is

MARY E. SHEARER

Competition Advocate

HUTCHESON.JOH

N.W.1073665759

Digitally signed by

HUTCHESON.JOHN.W.1073665

Date: 2022.02.14 10:31:06 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.02.14 12:11:45 -05'00'

SOLICITATION SPE7LX-22-R-0037

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Contents shall not be disclosed, discussed, or shared with individuals unless they have a direct need-to-know in the performance of their official duties. The document(s) are to be handled in accordance with CUI procedures. If you are not the intended recipient or believe that you have received this document(s) in

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

ATTACHMENTS:

Attachment 1: Technical Certification