JA6.302-1SPE7LX25R0004 R.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-25-R-0004

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 / CUI

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.

Per the approved manufacturer parts list for NSN 6140-01-567-0238 in SAP (as received from the Defense Logistics Information Service), the following CAGE(s) are the only sources that have been identified as having the proper / complete technical data and manufacturing expertise to supply this item to DLA and the using military services. The only approved manufacturers and part numbers are Kidde Technologies (05BU0) Part# 422463, General Dynamics (1EFH8) Part# 10009124, and ND Defense (formerly Navistar) (338X5) Part# 3684180C1.

DLA Land & Maritime SAPD Product Specialist initially reviewed the project NSNs on 10/03/2024 and certified the supporting data, including the AMC/AMSC codes and approved sources, are complete and accurate. Follow-up review was completed 10/23/2024. The Product Specialist confirmed the data and advised that the data needed to acquire these parts 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 materials for a competitive solicitation enabling a “Brand Name or Equal” full and open solicitation per FAR 52.211-6. The Product Specialist updated the item description and provided his concurrence that this item falls under the definition commercial “of a type” provided in subparagraph (3)(ii) of the commercial item definition in FAR 2.101and not COTS. The SAPD Technical Certification is included as J&A Attachment #1.

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

(x) The acquisition will be synopsized on sam.gov for fifteen (15) days prior to solicitation opening. At the completion of the synopsis period, this Request for Proposal will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS). All vendors may submit a quote, which shall be considered by the agency.

(x) The item contained in this procurement is limited to approved code and part numbered items, award is not limited to the manufacturer, and dealers can also receive the award.

(x) The acquisition will be posted for 30 days to www.dibbs.bsm.dla.mil on or about 11/18/2024.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be PPI based price analysis and/or the analysis of other than cost or price data such as informal cost break-downs and/or material invoices with final negotiated pricing reviewed in comparison with recent past reasonable purchases (adjusted for passage of time and quantity sensitivity), in addition to comparison to commercial market prices for potentially similar items, to support a reasonableness determination.

8. Market Research/Efforts to Obtain Competition:

Sources Sought Notices were posted to www.sam.gov as follows:

11. Kidde Technologies (05BU0), Global Logistics Strategies (GLS) (7BUL6), GMS (0JGJ8), Reno Battery (9LN30), TD Dragon (97RN0), and Vectrus Systems Corporation (V2X) (1D510)

12. The following actions are being taken to identify additional sources: The solicitation will contain

DLAD Procurement Notes L04 - Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items, which increases competition by permitting the consideration of alternate offers. If alternate offers or capability statements are provided in response to the synopsis, DLA will consider the offeror’s proposal for award after technical approval of the engineering support activity.

13. The Contracting Officer searched the most recent past awards shown in the contract history for the project NSN in Records Management for previous a Justifications for other than full and open competition (J&A) as required by Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.304, and was unable to locate a J&A for the recent contract to include for the approving authority.

The following actions to remove any potential barriers to competition have been completed:

In the past, DLA Land and Maritime has hosted Captains of Industries to bring in industry leaders for commodities or weapon systems to help decrease barriers for companies looking to become sources of supply.

A Sources Sought Notices are posted on www.sam.gov for a minimum period of five business days.

Buyers continue to conduct market research to ascertain if changes have occurred in the marketplace that would enable items to become competitive.

Solicitations will be posted on www.sam.gov The solicitation will include the provision entitled “Conditions for Evaluation and Acceptance of

Offers and Part Numbered Items” (currently Procurement Note L04) and “Evaluation of Offers for Part Number Items” (currently Procurement Note M06) for applicable NSNs.

CONTRACTING OFFICER CERTIFICATION

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.

SCOTT D. KNOWLES

Contracting Officer, ZBB

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

Competition Advocate DLA Land & Maritime - Competition Advocate

APPROVAL REQUIREMENTS

( x ) $750,000 to $15,000,000 Competition Advocate

ATTACHMENT:

1 – Tech Certification

KNOWLES.SCOTT.D

.1251897480

Digitally signed by

KNOWLES.SCOTT.D.1251897480

Date: 2024.11.08 09:51:38 -05'00'

WIEBUSCH.JAMIE.1

251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.11.08 12:34:27 -05'00'