SPE7M1-16-R-0026_-J A_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-16-R-0026

X ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime is the contracting activity.

2. The action being approved is the acquisition of Filter element, fluid, used on the Seawolf Class SSN, using other than full and open competition by restricting the manufacturing sources to the only approved source: VACCO Industries (99517). AMC/AMSC codes for this procurement are AMC 3, AMSC C. Definitions are AMC 3: Acquire, for the second or subsequent time, directly from the manufacturer. AMSC C: This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid. At this time only the listed approved source, VACCO Industries, has the unique design capability, engineering skills, manufacturing knowledge, and technical data required to manufacture this item.

3. The supplies/services required to meet the using activity's needs are described as follows:

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Filter element, fluid NSN 4330-01-417-6719 *7 C P/N 9557400

P/N 6001751-3 *Highest price break quantity: 14 **Highest estimated value:

Identify end item, weapon system, or class of item:

Seawolf Class SSN

ESTIMATED BASE VALUE_ ___

ESTIMATED TOTAL VALUE (BASE + OPTIONS)_N/A_____________

MAXIMUM CONTRACT VALUE_N/A________________

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING ___N/A_____________

4. The statutory authority permitting other than full and open competition is:

(X) 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

VACCO Industries (99517).

The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above:

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

(X) AMSC C. his part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

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

(X) The acquisition will be synopsized on or about 4/18/16.

(X) Dealers of the manufacturer will be solicited.

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

PPI analysis will be utilized to develop target pricing and analyzing the purchase price in comparison to the target pricing. Other than Certified Cost and Pricing Data will be requested if/as necessary

8. Market Research/Efforts to Obtain Competition:

Market research consisted of: posting a Sources Sought Notice to FedBizOpps on 3/23/16, closing 3/30/16 with a market survey attached. Types of information requested on the Market Survey attached to the Sources Sought Notice and sent to potential bidders: Size of company, price breaks for item, approximate delivery schedule, monthly production quantity, start-up quantity, FOB and Inspection/Acceptance points, is this item commercial.

Total number of vendors contacted: Unknown. Names of vendors contacted and responding:

No responses were received from the sources sought notice.

Additional techniques used to conduct market research: A market survey was emailed to the approved source VACCO on 3/23/16 with a response requested by 3/30/16. VACCO responded to the market survey with the following information: VACCO is a large manufacturer. They did not state whether they have approved dealers or distributors. Per VACCO, this is not a commercial item, VACCO is willing to submit a proposal.

Market surveys were sent to the past bidders BML Works NA (5WW91) and Lynn Electronics (19151) on 3/23/16 with responses requested by 3/30/16. No response was received from either small dealer.

The GSA schedules were searched for this NSN on 3/24/16. This NSN is not available on a GSA schedule.

A Google search resulted in the following information: Price Range: $24995.00 to $27710.00;

Delivery Range: 204 to 365 days; Mfr/OEM/Agencies: VACCO Industries; Suppliers: VACCO Industries.

A search of VACCO’s website (http://www.vacco.com/) could not locate either a catalog or price list. A search of Lynn Electronics’ website (http://www.lynnelec.com/) could not locate either a catalog or price list. No website could be located for BML Works NA.

Past procurements of this item were reviewed.

Information received regarding the commerciality of the item(s): Based upon history, the COS (commercial off the shelf) field for NSN 4330-01-417-6719 in the Material Master, (MM03, Classification, Industrial Sup) being blank, response from the approved source on the market survey, the failure to locate either a commercial catalog or price list on either VACCO Industries’ (approved source) website, or Lynn Electronics’ (past bidder) website, this NSN is determined to be non-commercial.

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

(X) 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) VACCO Industries.

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

There is no history of any previous procurement that required a J&A for this item.

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 $700,000, this signature serves as the approval.

_614-692-9126___04/04/16_______ Contracting Officer Phone Date

Pamela J. Hart ____________________________ Typed name of Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate Signature Date