JA Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-24-R-0066

DLA Land & Maritime Justification for Other Than Full & Open Competition

(March 2023) CUI Page 3 of 7 which is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

AMSC D (NSN 2920-01-339-4308) – 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. Prestolite (CAGE Code24975) is the only approved source for this item because they are the only known source with the data necessary to manufacture this item.

Based on the limited data the Government possesses, only Prestolite (CAGE Code 24975) can meet the Government’s minimum needs for these items. 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:

A Sources Sought Notice was issued on the System for Award Management (SAM) website (SAM.gov) from February 7, 2024, through February 14, 2024, in order to look for other sources of supply willing and able to produce these items, but no responses were received. Market surveys were sent to the approved source and the companies listed in the procurement history on February 7, 2024, and follow-up emails were sent on February 9, 2024, and February 15, 2024, to the companies who had not responded. The acquisition will be synopsized on the SAM.gov website for 7 days prior to the opening of the solicitation. At the completion of the synopsis period, this acquisition will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

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

Per FAR 15.403-1(b)(3) Certified Cost or Pricing Data (CCPD) requirements do not apply. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with FAR 13.106-3, 14.408-2, or 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 15.4. The Contracting Officer may request information other than CCPD to support price reasonableness if necessary. If other than CCPD cannot be obtained, at a minimum, the Contracting Officer shall determine the prices fair and reasonable based on price analysis of the proposed prices to the historical prices paid for all items.

In conducting this analysis, the Contracting Officer shall consider other available tools and resources, such as market research, current invoices/price lists, independent government estimates, and other relevant data. Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of a sources sought notice, a formal market survey, a review of procurement/quote history, and a review of the results of recent market research undertaken to meet recent acquisitions of this item.

All procurement history can be found in Attachment 8.

In accordance with 10 U.S.C. 2304(f)(3)(D) the market surveys on this project requested companies provide answers to general questions regarding their company size and status. The Long-Term Contract (LTC) questions included overall interest in the LTC, preferable length of contract, commerciality of the item and supporting

SOLICITATION SPE7LX-24-R-0066

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI Page 6 of 7

CLIN 0004, NSN 2920-01-606-4382, Part Number M0017296MEM was located at different websites;

however, it was listed for an aftermarket sale. Prestolite provided invoice for Part Number M0017296ME at a unit price of $619.01. They said, “these are the same starter, the “M” on the M0017296MEM is for our routing purposes in house. This designates this starter as going to the military so we can use the correct packaging.” Part Number M0017296ME was located at https://enginepartssuperstore.com/Category/7296ME at a unit price of $990.42. See Attachment 6 - Commerciality Information for NSN 2920-01-606-4382.

9. Additional facts supporting other than full and open competition are: Based upon the technical certification on file in DLA L&M – VEP, the rights to use the technical data is not owned by the Government and cannot be purchased, developed, or otherwise obtained to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. A listing of sources that expressed interest in the acquisition: Global (7BUL6) and Triman (CAGE Code

0ZBE8).

11. The following actions are being taken to identify additional sources: The solicitation contains DLA Procurement Notes L04 – Offers for Part Numbered Items, M06 – Evaluation of Offers for Part Numbered Items and Procurement Note L22 – RESTRICTION OF ALTERNATE OFFERS FOR SOURCE

CONTROLLED ITEMS.

12. For CLIN 0001, the previous Justification and Approval (J&A) for solicitation SPE7L0-19-R-0059 was found in Records Management. This J&A pertains to contract SPE7L0-20-D-5003. Refer to Attachment #7 for the previous J&A. Additionally, for CLINs 0002-0004, these items were purchased as manual procurements under the Simplified Acquisition Threshold (SAT), using the Procurement Automated Contract Evaluation (PACE) system or Indefinite Delivery Contracts (IDCs) below the SAT. As a result, they did not require a Justification and Approval (J&A).

SOLICITATION SPE7LX-24-R-0066

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI Page 7 of 7

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

TRENT L. DANIELS Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The maximum value of this J&A is $14,037,703.55.

Competition Advocate Date

APPROVAL REQUIREMENTS

$750,000.00 to $15,000,000.00 – Competition Advocate

Attachments:

Tech Certificate PID, Packaging and Marking Commercial Info for NSN 2920-01-337-5152 Commercial Info for NSN 2920-01-339-4308 Commercial Info for NSN 6115-01-649-7114 Commercial Info for NSN 2920-01-606-4382 Previous J&A for CLIN 000 Procurement History

11 Feb 2025DANIELS.TRENT.L

EE.1239311519

Digitally signed by DANIELS.TRENT.LEE.1239311519 Date: 2025.02.11 08:45:03 -05'00'

WIEBUSCH.JAMIE

.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2025.02.11 12:12:53 -05'00'