SPE7LX22RX007 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX22RX007

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

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.

W. L. GORE & ASSOCIATES, INC. (CAGE 1UH12) is the only source known to retain the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part and/ or manufacturing the parts.

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

The acquisition will be synopsized at least 15 days prior to solicitation release. The solicitation will be posted for at least 15 days.

Market surveys were emailed to companies in history on 9/9/21 and a Sources Sought Notice was posted on sam.gov on 11/8/2021 for 15 days requesting sources, alternate offers, reverse engineering, or brand name or equal suggestions for review. There were no responses to the Sources Sought Notice.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. The offeror may be required to submit other than certified cost or pricing data (CCPD) in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

The item was researched online via the internet for availability, commerciality, and like features. The like items were found on the internet. Previous procurements were reviewed as well as previous acquisition methods and sources. Records show that this item has been purchased multiple times by DLA and the item has a relatively stable price history. Previous justifications and approvals and commercial determinations were not found in records management because all previous buys were below the SAT. The item is only available from one approved source as identified above. The source indicated the item is commercial and provided invoices to support this. The product specialist concurred with the determination of commerciality on 10/15/21.

The Sources Sought Notice was posted on sam.gov on 11/8/2021 for 15 days and four (4) market surveys were emailed to known sources to request vendor interest in long-term contracting, commerciality, vendor size, delivery, optimal contract lengths, quantity sensitivity, and possible price/cost advantages. Market surveys were emailed to B.J.G. ELECTRONICS, INC.(0DTU2), AMS Group (0GD25), AEROSPHERE AVIATION SERVICES, INC. (1TLT7), and W. L. GORE & ASSOCIATES, INC. (1UH12) on 9/9/21 and follow up emails were sent on 11/3/21. BJG responded and said it is unable to bid at this time. Aerosphere Aviation responded with interest and provided commercial invoices for the NSNs. Aerosphere Aviation is a small business distributor and the authorized dealer of W. L. GORE & ASSOCIATES, INC. (1UH12).

Market research internet results provided similar items commercially available and catalog price list for the like items therefore, the contracting officer determines this item is commercial and the solicitation will be issued under FAR Subpart 13.5 procedures.

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX22RX007

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

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.

During the project development stage, the NSNs included on this solicitation were provided to the DLA Land & Maritime Value Management (VM) Unit and DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews.

10. A listing of sources, if any, indicating an interest in the acquisition is: Aerosphere Aviation Services Inc

(1TLT7).

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

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

Attachment: Tech Certification

STROUPE.AMANDA.L.1239159873 Digitally signed by STROUPE.AMANDA.L.1239159873 Date: 2021.12.02 09:00:59 -05'00'

HOPSON.LILLI.A.1230127324 Digitally signed by HOPSON.LILLI.A.1230127324 Date: 2021.12.08 16:07:53 -05'00'