JA FOIA.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-X043

Controlled by DLA Land and Maritime – SAPD – ZAA.

CUI Category: Source Selection Information (See FAR 2.101 and 3.104).

Distribution/Dissemination Control: FED ONLY. POC: charles.mielkeii@dla.mil other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid.

P55 LTD is the only manufacturing source specified on the source control drawing.

The confirmation of sources listed above was completed during the technical review of this item on 6/30/22, by the Product Specialist, . Please also note that the Product Specialist certified that the technical data, including the AMSC codes in addition to the approved sources, are accurate and there are no open 339s for these items. Based on the limited data the Government possesses, only P55 can meet the Government’s minimum needs for this item. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

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

The acquisition will be synopsized in August or September of 2022 prior to the solicitation opening.

At the completion of the synopsis period, this acquisition will be solicited on the internet via the DLA Internet Bid Board System (DIBBS).

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

Certified Cost or Pricing Data is not required per FAR 15.402-1 (b) (3) for the item listed above.

This item is solicited I/A/W FAR 13.5 Simplified Procedures for Certain Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. If other than certified cost or pricing data cannot be obtained, at a minimum, the Contracting Officer shall determine the prices fair and reasonable based on price analysis of the proposed prices compared to the historical prices paid for all items.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, which included a market survey, was posted on the SAM.gov website from 7/20/22, to 7/27/22; however, there were no interested parties. In addition, a copy of the market survey was e-mailed to P55 LTD. as they are the sole-source and the only company listed in the procurement history.

Based upon the sources sought notice, responses to the market survey, P55 LTD. is the only source interested in participating in an IDC for this item. P55 LTD. indicated that they do business with the government directly and not quote to anyone else. They provided a current, CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-X043

Controlled by DLA Land and Maritime – SAPD – ZAA.

CUI Category: Source Selection Information (See FAR 2.101 and 3.104).

Distribution/Dissemination Control: FED ONLY. POC: charles.mielkeii@dla.mil

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

Competition Advocate

APPROVAL REQUIREMENTS

$750,000 - $15,000,000 Competition Advocate

Attachments:

1. Tech Cert

2. J&A for SPE7MX16D0148

SHEARER.MARY.E.125070

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.08.09 09:02:23 -04'00'