SPE7LX23RX041 - JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX23RX041

The use of the authority cited above:

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

The use of the authority cited is based on:

[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.

The Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. Spacesaver Storage Systems (58928) and Xact Tool (3GEM4) are the only approved sources to possess the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture this item and the only approved sources listed for this NSN. Only these parts have been approved by the ESA, as this part is designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. Based upon the technical certification by the DLA Land and Maritime Product Specialist dated February 8, 2023, all means to obtain a technical data package adequate for manufacture of this item has been exhausted. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for this NSN and verified the approved sources. There is no pending 339s with the Engineering Support Activity (ESA).

FAR Section 19 implements parts of the Small Business Act (15 U.S.C. 657, et seq.) and applicable sections of the Armed Services Procurement Act (10 U.S.C. 3204, et seq.) FAR 19.201 specifically institutes policy to provide maximum practicable opportunities in acquisition to small business, veteran-owned small business, SDVOSB, HUBZone small business, small-disadvantaged business, and woman-owned small business (WOSB) concerns. Since this acquisition is estimated to be greater than the simplified acquisition threshold, the contracting officer first considered acquiring the required services from a small business socioeconomic program (i.e., 8(a), HUBZone, SDVOSB, or WOSB) before considering a small business set-aside (FAR 19.203(c)). Since there is no order of precedence among those socioeconomic programs (FAR 19.203(a)), the contracting officer determined that based on results of market research, acquiring the supplies identified in this Justification and Approval should be made sole source through a SDVOSB (FAR 19.1406(a)) under NAICS code 337215.

In order to qualify for an SDVOSB set-aside or sole source award, a SDVOSB concern must offer its own product or the product of a small domestic concern unless the waiver of the Non-Manufacturer rule applies for the acquisition (greater than $25,000). The Non-Manufacturer rule states that in order to qualify as a small business concern for set-aside or sole-source supply contracts, the small business must either (1) Manufacture the product itself; (2) Supply a product manufactured by another small business, if it is a nonmanufacturer; or (3) Supply the product of any sized manufacturer if SBA has granted a waiver to the nonmanufacturer rule. For NAICS 337215, there is no waiver of the non-manufacturer rule. While there are two approved sources for this NSN, this contract will be a sole source set aside for Xact Tool (3GEM4), a SDVOB concern. Xact Tool is the only small business source; therefore, only their part number meets the requirement for a product of a small domestic manufacturer.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX23RX041

Information regarding the commerciality of the item:

This item was checked on the GSA Advantage website on March 2, 2023, and the Buyer was unable to find the NSN or part numbers. This NSN was previously determined commercial of-a-type in accordance with subsection (3) of the commercial item determination in FAR 2.101 under solicitation SPE7L518RX007/contract SPE7L519D5001. After review of all the market research and evidence for this NSN, it is the Contracting Officer’s determination that this item falls under commercial item definition at FAR 2.101.

9. A listing of sources, if any, indicating an interest in the acquisition are: (If none, so state):

XACT Tool (3GEM4)

10. As required by DFARS PGI 206.304, the Buyer was unable to locate a J&A for the previous acquisition, SPE7L1-23-P-1121. This purchase order was conducted under simplified procedures and did not require a J&A.

APPROVAL

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Brandy Warner – Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DAN ELLE.12518978

Date: 2023.03.10 13:57:49 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.03.13 09:01:15 -04'00'