J&A6.302-1c_SPE7M118R0034.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M118R0034

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

(DEC 2016)

[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 4810004843760 280 C

Item: This Valve, Solenoid have 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.

The approved source is TACTAIR FLUID CONTROLS, INC. 70236 P/N HP904100-16. Weapons System: ATF -

AIRCRAFT, SOF (AC-130H, MC-130H, EC-130).

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE (based on the quantity up to 288 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 TACTAIR FLUID CONTROLS, INC. (70236) 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:

TACTAIR FLUID CONTROLS, INC. (70236)–large business manufacturer

Last award SPE7MC18P1941, dated 1/10/2018 was issued under the simplified acquisition threshold, therefore J&A was not applicable.

The use of the authority cited below:

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

[X] 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

Current AMC/AMSC requirement was validated by Product Specialist on 2/6/18.

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 days from 12/5/2016-

12/19/2016 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 6.302-2), see market research paragraph 8 (eight) below.

7. The Contracting Officer hereby determines that the anticipated price/cost of 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 2/5/18 - 2/20/18 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 were found.

A sources sought notice was posted on FedBizOps from 2/6/18 - 2/20/18. No responses were received.

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

Total number of vendors contacted: Market survey was sent to one (1) contractor via e-mail:

TACTAIR FLUID CONTROLS, INC. (70236) (OEM).

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:

TACTAIR FLUID CONTROLS, INC. did not respond to the current market survey. The buyer utilized the last offer data as a source for information for the market research:

Based on the last offer, TACTAIR FLUID CONTROLS, INC. , is a large OEM, located in US.

Offering exact domestic end product, non-commercial item, FAR 15.

Non-commerciality determination:

This Valve, Solenoid have two or more ports with valve stem or pilot needle in a normally open or closed position. Weapons System: ATF - AIRCRAFT, SOF (AC-130H, MC- 130H, EC-130). According to the OEM- item is not commercial.

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:

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:

TACTAIR FLUID CONTROLS, INC. (70236)

11. 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_____ _3/7/2018______ Contracting Officer Phone Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer