JA_SPE7M319R0001_-_FOIA_Redacted.pdf

Justification for Other than Full and Open Competition (JA) - NON-LTC Solicitation: SPE7M319R0001

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

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/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

Diffusor Assembly 4320-01-096-7190 2 EA 3C

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

Subject NSN 4320-01-096-7190, Curtiss-Wright Electro-Mechanical (0UBG9), diffuser assemblies are designed to be placed at the bottom of a pond or lake. These diffuser assemblies produce small air bubbles when supplied with air from an on shore compressor.

These bubble rise to the surface and create circulation that helps destractify and aerate the water body. Weapon system: OHIO CLASS

SSBN (TRIDENT).

LARGE PROCUREMENT- Request for Proposal (RFP):

Estimated SOLICITATION Value: (based on the quantity range up to 4 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.

Sole source quoted by OEM or authorized dealers.

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 parts and alternate part for evaluation. According to the product specialist there are no other concerns seeking source approval at this time.

Approved Source:

Curtis-Wright Electro-Mechanical (0UBG9) Curtis-Wright Electro-Mechanical (0UBG9) has been identified by the Government as having the appropriate manufacturing expertise to supply this NSN to DLA and the using military service. These manufacturers are the only known source that owns or has rights to the technical data necessary to manufacturer this NSN item P/N 11185-F-18B.

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:

Curtis-Wright Electro-Mechanical (0UBG9) is large business manufacturer.

• Note: Last award was a large procurement and copy of the J&A document is included with this J&A as an attachment.

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.

AMC/AMSC of 3/C requirements and approved source were verified on 10/01/2018 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 10/15/2018-10/19/2018 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 FedBizOps.

A solicitation will be posted for 30 days on DIBBS.

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

7. The Contracting Officer is 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 10/10/2018-12/01/2018 Techniques used to conduct market research:

Past procurement review of the similar NSN items.

Review of the market research data that was available from the previous cancelled procurement for the same NSN item;

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

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 sources were found.

A sources sought notice was posted on FedBizOps from 10/15/2018-10/19/2018. No responses were received.

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

Total number of vendors contacted: Two (2) market surveys were sent via email including the (1) direct source manufacturer:

1. Curtis-Wright Electro-Mechanical (0UBG9), OEM

2. Science Applications International (79343), Dealer

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

Responses: Two (2) responses were received from Curtiss-Wright Electro-Mechanical (0UBG9) and Science Applications International (79343) for this procurement.

1. Curtis-Wright Electro-Mechanical (0UBG9), OEM Large business manufacturer

Willing to submit proposal

Stated that the item is not commercial.

2. Science Applications International (79343), Dealer Small business dealer No minimum order quantity

Willing to submit proposal

Stated that the item is not commercial.

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.

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

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:

1. Curtis-Wright Electro-Mechanical (0UBG9), OEM

2. Science Applications International (79343), Dealer

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

The solicitation contains the DLAD Procurement Notes L04 – Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items.

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________12/21/2018________________ Contracting Officer/ Helen B. Davis Phone Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

Attachment(s):

J&A document of the previous buy.