SPE7M118R0018_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M118R0018 (NON-LTC)

1 | P a g e DLA Land & Maritime Justification for Other Than Full & Open Competition (DEC 2016) Source Selection Information- See FAR 2.101 & 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,GATE 4810-011455095 42 B

Item: Weapon System: 05F (Aircraft, Stratolifter C/KC-135). A valve having a flat or tapered disk (gate) which moves transversely to the axis of flow by rotating or sliding movements of the stem to open or close the orifice. It may also contain an oval or rectangular shaped slide which may be manually, motor, or pressure operated through the means of an arm or arm assembly. The body flange may be designed to accommodate tube type connectors. It may or may not contain thermal relief features. Includes valve (gate) specifically designed for the control of fluid systems in aircraft or missiles.

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE (based on the quantity of 42 each):

No option 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. Adequate data for the evaluation of alternate offers is not available at the procurement agency. Any alternate source offers must be approved by the Engineering Support Activity (ESA), via DLA Form 339. 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.

The approved sources are:

THOMAS INSTRUMENT, INCORPORATED 5H860

PNEUDRAULICS, INC. DBA 06177

They are only known restricted sources that specified on “Source Control” drawings / 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(s) of supply, include source(s) and CAGE codes:

THOMAS INSTRUMENT, INCORPORATED 5H860 - Small business concern PNEUDRAULICS, INC. DBA 06177 - Large business concern

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 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[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.

NOTE: Current AMC/AMSC requirement and approved sources were validated by Product Specialist on 12/13/17.

2 | P a g e DLA Land & Maritime Justification for Other Than Full & Open Competition (DEC 2016) Source Selection Information- See FAR 2.101 & 3.104

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 manufacturers 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 12/13/2017-12/19/2017 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 Officers hereby determines that the anticipated unit price 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 cost is fair and reasonable to the government is 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 12/13/17-1/8/18.

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 sources found.

A sources sought notice was posted on FedBizOps from 12/13/17-12/19/17. One response was received, see below in Market survey paragraph.

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

Total number of vendors contacted: Market survey was sent to four (4) contractors via e-mail: THOMAS INSTRUMENT, INCORPORATED (OEM), PNEUDRAULICS, INC. (OEM), TRANSAERO, INC. (Dealer), KAMPI COMPONENTS (Dealer).

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

Name of vendor responded and summary of information received:

Thomas Instrument (5H860)

Small business manufacturer

Kampi Components respectfully declined to participate in survey stating that, they do not have sufficient information on file to accurately complete the survey.

No other responses were received.

Non-commerciality determination:

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 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.

3 | P a g e DLA Land & Maritime Justification for Other Than Full & Open Competition (DEC 2016) Source Selection Information- See FAR 2.101 & 3.104

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:

Thomas Instrument Inc, 5H860 -OEM

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

L&M PROC note L22-Restriction of Alternate Offers for Source Controlled Items (SEP 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___ __2/20/2018_____ Contracting Officer Phone Date Helen B. Davis

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer