SPE7M318R0001_-_FOIA.pdf

Justification for Other than Full and Open Competition (JA) Solicitation: SPE7M318R0001

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

(AUG 2016)

ORIGINAL

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

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

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

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

COUPLING HALF,QUICK 4730-016174795 833 EA $479,808.00 3/D

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

Subject NSN 4730-016174795, COUPLING HALF,QUICK, Parker-Hannifin Corp CAGE (11362), part number 5716-16A-GA001 is Used on weapon system AIRCRAFT, STRATOLIFTER C/KC-135. This part is used USAF cargo carrier /re fueler, KC – 135. Haystack was queried, and no exact results were found for this NSN. Similar “Coupling, Half Quick” were also queried with a similar unit manufactured from EATON, under NSN : 4730- 00-006-1613.

LARGE PROCUREMENT- Request for Proposal (RFP):

Estimated Base Value: $479,808.00 (based on the quantity range up to 833 each) No option will be included

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

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

Any alternate offeror must be approved by the ESA, via Form 339. The offeror must provide a complete data package including data for the approved part and alternate part for evaluation. According to the product specialist there are no other concerns seeking source approval at this time.

Approved source PARKER-HANNIFIN CORP CAGE (11362) is the only known source that owns or has rights to the technical data necessary to manufacturer this NSN item P/N 5716-16A-GA001. They are the only source currently approved by the Engineering Support Activity (ESA) to manufacture this item. Sourcing is restricted to PARKER-HANNIFIN CORP CAGE (11362) because it is the only source known to possess the technical data and/or data rights necessary to manufacture this 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:

Parker-Hannifin Corp CAGE (11362) a large business manufacturer.

• Note: Last award was issued under the simplified acquisition threshold; therefore no previous J&A is available.

The use of the authority cited below:

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

AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

• AMC/AMSC requirements and approved source were verified on 10/17/2017 by the product specialist of record.

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

I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to FedBizOps days from 10/10/2017-

10/17/2017 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.

A pre-solicitation synopsis will be posted for 15 days on FedBizOpps.

A solicitation will be posted for 30 days on DIBBS.

Dealer of the manufacturer will be solicited.

7. The Contracting Officer is affirmatively determining that the anticipated price/cost of $576.00 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 10/10/2017-11/08/2017 Techniques used to conduct market research:

Past procurement review of the similar NSN items.

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 additional sources were found.

A sources sought notice was posted on FedBizOps from 10/10/2017 – 10/17/2017. No responses from interested parties were received.

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

a. Total number of vendors contacted: Two (2) market surveys were sent via email to direct sole source manufacturer and previous awardees:

- Parker-Hannifin Corp CAGE (11362)

- Mid-State Aerospace (4W876)

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

c. Responded suppliers and summary of information received:

None responses were received to the market surveys

Non - Commerciality determination:

To 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. Therefore, this solicitation will be issued under FAR 15.

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:

[X] Other: 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_______11/17/2017____ Contracting Officer Phone# Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer