SPE7LX21RX048 _Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX21RX048

CUI, Source Selection Information - See FAR 2.101 and 3.104

2510-01-582-5403 8N013 OVERSEAS HARDWOODS COMPANY, INC. M1FRFKT

The use of the authority cited below:

[ X ] AMC 3 Applies to all five NSNs Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

[ 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. Since only the approved source possesses the complete technical data for the items listed, they are the only uniquely qualified to manufacture these items. Therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C. 230(c)(1), as implemented by FAR 6.302.

[ X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of the unique qualifications of the sources listed above to justify the use of 10 USC 2304(c)(1).

Per the technical review conducted for these NSNs on July 6, 2021, the source listed above is the only source to possess the requisite rights to technical data necessary to manufacture these items to military specifications because each trailer floor is different in length, width and thickness.

Additionally, Attachment 1 contains the Government’s Product Specialist certification indicating that all means to obtain a technical data package adequate for manufacture of these items have been exhausted.

The Contracting Officer has relied upon the Product Specialist’s technical review of these NSNs and determined the only source of capable of supplying this item to the Government is Overseas Hardwood Company (8N013). As noted above, the Product Specialist has certified that the Government does not possess and has exhausted all means to obtain the data necessary to solicit these items under full and open competition.

Additionally, the Product Specialist has reviewed the technical data available and confirmed the only source capable of supplying these items to the Government is Overseas Hardwood Company (8N013).

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

CUI, Source Selection Information - See FAR 2.101 and 3.104

CUI, Source Selection Information - See FAR 2.101 and 3.104

CUI, Source Selection Information - See FAR 2.101 and 3.104

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items At this time, the requirement/guidance in DFARS PGI 206.304 has been fulfilled.

12. The last purchases made of these items were made under the Simplified Acquisition Threshold by way of Automated Indefinite Delivery Contracts and did not require a J&A. At this time, the requirement/guidance in DFARS PGI 206.304 has been fulfilled.

CUI, Source Selection Information - See FAR 2.101 and 3.104

CUI, Source Selection Information - See FAR 2.101 and 3.104

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 $750,000, this signature serves as the approval.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer [ X ] $750,000 to $15,000,000 Competition Advocate

Attachments:

1- Tech Cert

BROOKINS.NOR

MA.V.1402247289

Digitally signed by

BROOKINS.NORMA.V.14022472

Date: 2021.08.17 13:24:45 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.08.19 11:38:19 -04'00'