SPE7M320R0033 - reviewed_Redacted.pdf

Justification for Other than Full and Open Competition Solicitation: SPE7M320R0033

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 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

Estimated Total Value

Estimated Value with 200% Option

AMSC

Padeye Assy, Sliding 2030-01-447-3427 6 SE C

This Padeye Assy, Sliding is used on the Arleigh Burke Class DDG. This item has a line that runs through it to provide an attachment point. It is bolted or welded to the deck or hull of a ship. The primary customer is the U.S. Navy.

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.

The approved source for this NSN is The Entwistle Company (20722) P/N EJ-51116. Per the product specialist, this source is restricted to the source specified. The Department of the Navy Engineering Support Activity (ESA) has identified The Entwistle Company (20722) as the only source that retains the technical data rights and manufacturing knowledge for Entwistle P/N EJ-51116, and that the technical data is not economically available to the Government, and that the data or knowledge is essential to maintaining the quality of this critical application item.

The last technical review of this item was conducted on 08/11/2020 and it was determined the item must still be source controlled. The product specialist confirmed the AMC/AMSC coding was complete and accurate. No additional sources of supply were identified.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

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

The acquisition will be synopsized on beta.SAM.gov on or about 09/15/2020 and will be posted for 15 days. At the completion of the synopsis period, the requirement will be solicited on the DLA Internet Bid Board System (DIBBS) for 30 days.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Certified cost and pricing data will be required. In addition, price analysis using past contract history will be performed and negotiations will be conducted to address price as well as delivery. It is anticipated that the price will be determined fair and reasonable based on price analysis of certified cost and pricing data and history and negotiations.

7. Market Research / Efforts to Obtain Competition:

Market Research was conducted from 08/11/2020 to 08/18/2020.

a. Techniques used to conduct market research

1. Past procurement review of NSN

2. Data classification (SAP) industrial supply values / characteristics review

3. Sources Sought notice posted on beta.SAM.gov from 08/11/2020 to 08/18/2020. No responses were received to the sources sought notice.

4. Prior market research was done on this NSN within the past 12 months. This market research was compiled and reviewed. A market survey had been sent to the OEM from 08/11/2020 to 08/18/2020 which the OEM had completed and returned to the Acquisition Specialist. A sources sought had been posted at that time, as well, with no responses to the sources sought. The previous procurement was awarded in accordance with Special Emergency Procurement Authority (SEPA) and a Justification for Other Than Full and Open Competition (J&A) was not required.

5. The NSN was reviewed in Haystack to look at technical characteristics, weapon system information, procurement history, and item name code information. The Acquisition Specialist also verified the part is not on the GSA schedule. An internet search of the part number and NSN revealed no publicly available information for this part outside of what is available in WEBFLIS. Based on the lack of publicly available part number information and the market survey response, it is the contracting officer’s determination this item is not commercial.

b. Market Survey

1. Total number of vendors contacted: one (1) via email from 08/11/2020 to 08/18/2020

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

3. Name of vendor responding to the Sources Sought and Market Survey and summary of information received:

One (1) vendor responded to the Market Survey.

The Entwistle Company (20722)

Small business manufacturer 120 employees Item is non-commercial

In accordance with DFARS PGI 206.303-2(B), the Acquisition Specialist has reviewed the item’s procurement history for the last procurement over the simplified acquisition threshold to locate a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove barriers to competition cited on the previous justification were completed. The most recent previous procurement, SPE7M320P4789 was made with SAT procedures for SEPA as were the four procurements prior to that. The sixth most recent, SPE7MC17C0023 was a large purchase RFP. The J&A was reviewed (attachment 1). The previous large was solicited as an unrestricted procurement with only one approved manufacturing source, The Entwistle Company.

8. 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.

9. A listing of sources, if any, indicating an interest in the acquisition is:

The Entwistle Company (20722)

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

The solicitation contains the following Procurement Notes:

L04 – Offers for Part Numbered Items (SEP 2016) M06 – Evaluation of Offers for Part Numbered Items (SEP 2016)

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

$700,000 to $13,500,000 Competition Advocate

Attachments:

1) Previously awarded large purchase J&A

9/24/2020KIRK.MATTHEW.M.1

073378261

Digitally signed by

KIRK.MATTHEW.M.1073378261

Date: 2020.09.24 15:39:34 -04'00'

HOPSON.LILLI.A.1

230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.10.05 14:49:07 -04'00'