J&A6.3021CSPE7MX19D5035.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-19-R-X065

FOR OFFICIAL USE ONLY

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

[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/services on other than a full and open competition basis. This DLA Land and Maritime acquisition is for an Indefinite Quantity Contract (IQC) for the various spare parts listed in the table below. This acquisition is being issued utilizing FAR Part 13.5 procedures. The proposed acquisition is for 25 DLA-managed items. This J&A cover NSNs 4330-01-491-4685 (CLIN 0020) and 4330-01-542-3699 (CLIN 0025), which have only one source of supply (See Attachment 1 – Sources of Supply).

3. The supplies/services required to meet the using activity’s needs are described as follows:

CLIN

NSN

Item Description

U/I

AMC

AMSC

Estimated Annual Demand Quantity

(ADQ)

Annual Demand

Value (ADV)

Estimated 3- Year Base

Value

Estimated 5- Year Total

Contract Value

0001 2910004707075 FILTER ELEMENT,FLUI EA 1 C 334

0002 2910013241241 FILTER ELEMENT,FLUI EA 1 L 184

0003 2910121288594 FILTER ELEMENT,FLUI EA 1 L 52

0004 2940000743584 FILTER ELEMENT,INTA EA 3 D 76

0005 2940002303681 FILTER ELEMENT,FLUID EA 1 R 2,639

0006 2940009347989 FILTER ELEMENT,INTA EA 1 Z 8,902

0007 2940010119260 FILTER ELEMENT,FLUI EA 3 D 298

0008 2940010184873 FILTER ELEMENT,INTA EA 3 Z 41

0009 2940011033268 FILTER ELEMENT,INTA EA 1 Z 2,241

0010 2940011548399 FILTER ELEMENT,INTA EA 1 C 90

0011 2940011860592 FILTER ELEMENT,FLUI EA 1 Z 124

0012 2940012808419 FILTER ELEMENT,FLUI EA 1 Z 2,737

0013 2940015131502 FILTER ELEMENT,INTA EA 1 Z 3,338

0014 4330000017841 FILTER ELEMENT,FLUI EA 1 Z 571

0015 4330000730371 FILTER ELEMENT,FLUI EA 1 Z 454

0016 4330001368836 FILTER ELEMENT,FLUID EA 1 C 3,596

0017 4330011984384 FILTER ELEMENT,FLUI EA 1 L 34

0018 4330012909279 FILTER ELEMENT,FLUI EA 1 Z 143

0019 4330013606364 FILTER ELEMENT,FLUI EA 1 Q 297

CLIN

NSN

Item Description

U/I

AMC

AMSC

Annual Demand Quantity

(ADQ)

Annual Demand

Value (ADV)

Estimated 3- Year Base

Value

Estimated 5- Year Total

Contract Value

0020* 4330014914685 FILTER ELEMENT,FLUI EA 3 D 381

0021 4330014914712 FILTER ELEMENT,FLUI EA 1 R 130

0022 4330015118209 FILTER ELEMENT,FLUI EA 1 R 2,072

0023 4330015118268 FILTER ELEMENT,FLUI EA 1 C 2,423

0024 4330015166994 FILTER ELEMENT,FLUI EA 1 C 1,035

0025* 4330015423699 FILTER ELEMENT,FLUI EA 3 Z 179

Total

*Indicates that item has only 1 source of supply and requires J&A

Estimated value and contract duration:

The proposed action is for the solicitation and award of a five-year, Firm-Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) type contract. The five-year period is inclusive of one three-year base period and two one-year option periods. The three-year base period for all CLINs has an estimated value of and the base period and two option years has an estimated value of . The contract maximum for all CLINs is

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

CLINs 0020 and 0025 do not have a weapon system assigned to them.

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

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:

CLINs 0020 and 0025 are only available from one source. Please see below:

CLIN NSN Approved Source (CAGE) Approved Part Number 0020 4330-01-491-4685 Facet (Oklahoma) LLC (87405) CA43-3SB 0025 4330-01-542-3699 Facet (Oklahoma) LLC (87405) CC-22-7

The use of the authority cited below:

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

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. (CLIN 0020)

AMSC Z: This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

(CLIN 0025)

Per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), Facet (Oklahoma) LLC is the only source that is known to possess the necessary technical data to supply CLINs 0020 and 0025 to DLA and the using military services. These filters must meet the military services technical requirement. Facet (Oklahoma) LLC is the only approved source of supply who has provided the Government with filters that meet the military services technical requirements.

These items have been determined commercial. These items were determined commercial of a type. A technical review in support of a potential Long-Term Contract (LTC) was performed in September 4, 2018, and all NSNs were determined to be suitable for a LTC. The Product Specialist reviewed the technical information and have certified it as complete and accurate.

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

The acquisition will be synopsized on or about May 6, 2019.

The solicitation will be posted to DIBBS for 30 days.

Dealers will be solicited.

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

Market Survey respondents stated that these items are commercial and prior acquisitions were conducted using FAR Part 12. In addition to the Market Survey responses, the buyer also conducted commerciality research.

The buyer conducted internet searches, commercial database searches, researched past procurements, etc. (See Attachment 2 – Commercial Support). The conducted research showed that these items are commercial.

These items are available for sale to the public through online sources and are commercial of a type and meet part one of the commercial item definition in FAR 2.101. Given the readily available pricing information for the commercial items, it is anticipated that the pricing received will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted sixty-one potential contractors, which included past providers and approved sources.

Sources Sought Notice:

A Sources Sought Notice was posted to FBO on July 12, 2018, and closed on July 19, 2018. No additional sources responded.

Market Research Conclusion:

Market surveys were sent on June 26, 2018 Total number of vendors contacted: 61 Names of vendors contacted: See Attachment 3 – Market Surveys Sent

Techniques used to conduct survey: E-mail Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

Summary of information received:

Market Survey responses were received from the following (See Attachment 4 – Market Survey Summary for a complete summary):

JGB Enterprises, Inc., (61125) / Small Business Dealer NAPA M3, Inc., (6DV08) / Small Business Dealer Kampi Components, Inc., (7Z016) / Small Business Dealer Filter Products Corporation (32AE3) / Small Business Dealer Statz Corporation (3WGD1) / Small Business Dealer Vehicle Maintenance Program (0HBG3) / Small Business Dealer

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

Each of the respondents stated that these items are commercial. Supporting commerciality documentation was found by conducting online research and invoices that were received.

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: (If none, so state)

JGB Enterprises, Inc., (61125) / Small Business Dealer NAPA M3, Inc., (6DV08) / Small Business Dealer Kampi Components, Inc., (7Z016) / Small Business Dealer Filter Products Corporation (32AE3) / Small Business Dealer Statz Corporation (3WGD1) / Small Business Dealer Vehicle Maintenance Program (0HBG3) / Small Business Dealer

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, these NSNs were previously on contract SPE7MX14D0070. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7MX14D0070 is included as Attachment 5.

In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

A referral has been sent to VE/ESA in effort to identify salient characteristics for purposes of a Brand Name or Equal (BNOE) acquisition.

ATTACHMENTS:

1 – Sources of Supply 2 – Commercial Support Documentation 3 – Market Surveys Sent 4 – Market Survey Summary 5 – J&A for SPE7MX-14-D-0070

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.

TRENT L. DANIELS, Date Contracting Officer

APPROVAL/CERTIFICATION

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

MARY E. SHEARER, Date Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

DANIELS.TRENT.L

EE.1239311519

Digitally signed by

DANIELS.TRENT.LEE.1239311519

Date: 2019.05.22 11:04:32 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.05.24 09:17:50 -04'00'