J&A6.302-1c_SPE7M118R0021.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M118R0021

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 4810-012520503 45 R

Item: A valve opened or closed by a disk often a suction valve operated by a flexible disk (as of rubber or leather) 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. The approved source is ITT CORPORATION DBA ITT AEROSPACE 73760 P/N AV16B2123D-1. Weapon System:

40A - Helicopter, Black Hawk UH-60A.

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE (based on the quantity of 45 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 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.

Approved source ITT CORPORATION DBA ITT AEROSPACE (73760) P/N AV16B2123D-1 is the only known source that owns or has rights to the technical data necessary to manufacturer this NSN item. Therefore, 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 and CAGE code:

ITT CORPORATION DBA ITT AEROSPACE (73760)–large business manufacturer

Note: The last procurement was issued as a large contract SPE7M118C0008, dated 12/7/2017; therefore, the previous J & A has been attached to this J & A document.

The use of the authority cited below:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[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.

Note: Current AMC/AMSC requirement and list of the approved sources were validated by Product Specialist on 1/4/2018.

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.

Source Selection Information-- See FAR 2.101 and 3.104

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 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 6/12/2017-7/28/2017.

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; however no other sources were identified.

A sources sought notice was posted on FedBizOps from 12/13/2017-12/19/2017. No responses were received.

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

Total number of vendors contacted: Market survey was sent to three (3) contractors via e-mail:

ITT Corporation (73760) OEM Howe Machine & Tool Corp. (65777) dealer T& L Sales, LLC (1XLG2) dealer.

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

Name of vendors contacted and responded and summary(s) of information received:

Total of one (1) vendor responded to market survey.

T&L Sales (65777) POC:

Small business dealer

ITT Corporation (73760) and Howe Machine & Tool Corp. (65777) did not respond to their market surveys.

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.

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

Source Selection Information-- See FAR 2.101 and 3.104

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:

T& L Sales, LLC (1XLG2) dealer.

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

I/A/W DLAD prescription 11.391(b) Procurement Notes L04 “Offers for Part Numbered Items” and M06 “Evaluation of Offers for Part Numbered Items” will be included in the solicitation.

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___ __01/09/2018_______ Contracting Officer Phone Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer