J&A6.302-1cSPE7M117R0033_-_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NON Long Term Contract

SOLICITATION NUMBER: SPE7M117R0033

For Official Use Only Source Selection Information-- See FAR 2.101 and 3.104

[X] ORIGINAL

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

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

VALVE,SOLENOID 4810013922935 60 EA B

Item: A VALVE, SOLENOID for use on AIRCRAFT, GALAXY C-5. This Valve, Solenoid has two or more ports with valve stem or pilot needle in a normally open or closed position. It is specifically designed to stop, start, or change flow of fluid by means of the magnetic action of an electric coil on a moveable core or plunger. The valve may be equipped with a manual opening or closing device. Weapon System: 11F (AIRCRAFT, GALAXY C-5)

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE: the estimated value of this procurement is $509,400.00 for qty of 120 each, based on the est. u/p of /EA, based on the unit price of the last procurement.

Solicitation will be a partial small business set-aside. The non-set-aside portion (qty of 60 each, est. total of

) is the only portion that will be solicited and competed. Section B will contain only the non-set-aside quantity. A partial set-aside may allow the small business to secure 50% of this procurement. The 100% option for partial (qty of 60 each) set-aside quantity will be included.

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.

This item is considered a sole source or available from a limited number of sources because this is a source controlled item available only from the sources listed on the drawing. The offeror must provide a complete data package including data for the approved part(s) and alternate part for evaluation. According to the product specialist there are no other concerns seeking source approval at this time.

Approved sources:

THOMAS INSTRUMENT, INCORPORATED 5H860 P/N 89832-10, AEROCONTROLEX 98939 P/N

AA2240-02 and PNEUDRAULICS 06177 P/N 3963 - are the only known restricted sources that are specified on "Source Control" drawings and have the documents necessary to manufacturer this NSN item.

A complete data package of drawings/specs will not be available at the time of solicitation.

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

THOMAS INSTRUMENT, INCORPORATED 5H860 –small business manufacturer.

AEROCONTROLEX 98939 - large business manufacturer PNEUDRAULICS 06177 - large business manufacturer

Note: Last award was issued under the simplified acquisition; therefore, a J&A was not required.

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition.

[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from 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. If at least two sources exist, AMCs 1 or 2 are valid.

Source Selection Information-- See FAR 2.101 and 3.104

Note: Current AMC/AMSC requirement and the list of approved sources were validated by product specialist on 8/9/2017.

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

[X] The acquisition will be synopsized for 15 days.

[X] Dealers of the manufacturer will be solicited.

[X] Other:

Solicitation will be posted to DIBBS for 30 days.

I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to FedBizOps from 8/4/2017 to

8/10/2017 as part of market research to make sure that offers will be received “from as many potential sources as is practicable under the circumstances” (FAR 6.302-1), see market research paragraph 8 (eight) below.

7. The Contracting Officer is affirmatively determining that the anticipated price/cost of /EA will be fair and reasonable in accordance with FAR 6.303-2(b)(7). In accordance with FAR 15.403, cost and pricing data is not required under this acquisition threshold, however, other than cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination.

Negotiations may be required and will be continued until suitable for both parties and a determination that the anticipated cost is fair and reasonable to the government will be made by the Contracting Officer in accordance with FAR 15.402.

8. Market Research/Efforts to Obtain Competition:

Market research for this procurement was conducted from 2/15/2017 to 8/10/2017.

Techniques used to conduct market research:

Past procurement review of the requested item NSN;

Data classification (SAP) industrial supply values / characteristics review;

Web search for commercial use of the NSN item P/N requested;

FLIS and GSA databases were queried to identify other potential sources for this item. No other manufacturing sources were identified.

A sources sought notice was posted on FedBizOps from 8/4/2017 to 8/10/2017. No responses from other interested parties were received.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

Total number of vendors contacted: Market surveys were sent via e-mail to the approved source controlled OEMs:

THOMAS INSTRUMENT, INCORPORATED (5H860),

AEROCONTROLEX (98939)

PNEUDRAULICS (06177).

Types of information requested: delivery, quantity sensitivity, price break availability, commerciality, business size, business type, FOB information, etc.

Response: No responses were received.

Non-commerciality determination:

VALVE, SOLENOID for use on AIRCRAFT, GALAXY C-5. A valve having two or more ports with valve stem or pilot needle in a normally open or closed position. It is specifically designed to stop or start or change the flow of fluid by means of the magnetic action of an electric coil on a moveable core or plunger.

The valve may be equipped with a manual opening or closing device. Weapons System: 11F - AIRCRAFT, GALAXY C-5. To further substantiate non-commerciality, the buyer reviewed the part number and nomenclature on the Internet to see if it was available for sale to the General public. I/A/W FAR 7.102(a)(4) the item is not GSA listed from sources other than DLA. The Internet, Haystack, and GSA website searches indicated that it is not sold commercially. There was no commercial sales history, catalogs/brochures, established price list or announcements to the general public provided for any of these items. Market

Source Selection Information-- See FAR 2.101 and 3.104 research indicates that this item is not commercial. Data classification (SAP) industrial supply values/characteristics review indicates the item is not commercial. It is highly unlikely this item would ever be used in the commercial world. COTS field in SAP is blank. I/A/W FAR 2.101 the Contracting Officer determines that the item does not meet the definition of commerciality.

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

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: None

11. The following actions are being taken to identify additional sources:

The following actions are being taken to identify additional sources:

L&M PROC note 217-9023 restriction of alternate offers for source controlled items (APR 2017), FAR 52.211-02 and FAR 252.211-7001 will be included in the solicitation when the acquisition is restricted to material manufactured by the sources listed on the source control drawing, as indicated by AMSC code B.

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.

________ ____________________ __2-2621_____ _8/15/217_____ Contracting Officer/ Helen B. Davis Phone Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer