4_-_FOIA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M417R0047

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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 EST. QTY EST. VALUE AMSC

Valve, Check 4820-01-013-0407 34 EA C

LARGE PROCUREMENT – Request for Proposal (RFP):

Estimated total solicitation value (based on the highest quantity price break of 50 each):

No option will be included.

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

NSN item Valve, Check is an item used on the FREEDOM FIGHTER F-5 aircraft. Contract history shows that this item is primarily purchased by the military. NAICS code is 332911. Market research subject NSN 4820-01-013-0407 is described as a Valve, Check for use on the FREEDOM FIGHTER F-5 aircraft. The Check Valve is a valve that allows fluid (liquid or gas) to flow through it, typically in only one direction.

This item is made of aluminum alloy and is made for use on external fuel/oil tanks on F-5 aircrafts.

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

Approved source SWEENEY ENGINEERING CORP (96736), P/N 55-3100 is the only known source that owns or has rights to the technical data necessary to manufacture 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:

SWEENEY ENGINEERING CORP (96736) - large business manufacturer

Note: Most recent buy was under simplified acquisition threshold. No J&A was required.

The use of the authority cited is based on (The full text is available in DFARS PGI 217.7506 Part 2):

[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.

Note: Current AMC/AMSC requirement was validated by product specialist on 6/6/2017.

https://en.wikipedia.org/wiki/Valve https://en.wikipedia.org/wiki/Fluid https://en.wikipedia.org/wiki/Liquid https://en.wikipedia.org/wiki/Gas

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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.

I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to FedBizOps from 6/06/2017- 6/16/2017 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 eight below.

7. By comparing past procurement history prices and current estimated unit price of EA the Contracting Officer is affirmatively determining that the anticipated price/cost will be fair and reasonable in accordance with the 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 FAR15.402.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted from 5/25/2017 to 6/16/2017.

Techniques used to conduct market research:

Past procurement review of the requested item NSN;

Similar NSN items past procurement review;

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

Web search for commercial use of the NSN item P/N requested;

FLIS, GSA databases were queried to identify other potential sources for this item; no sources were found.

Source sought notice was posted to FedBizOpps 6/06/2017-6/16/2017 with no responses received.

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

Total number of vendors contacted: Market surveys were sent to the approved sole source OEM SWEENEY ENGINEERING CORP via e-mail.

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

Response: Was received from SWEENEY ENGINEERING CORP., POC

1. Approved sole source OEM, US located, SAM registered.

2. Item is not commercial.

3.

5. Interested in submitting an offer for this solicitation.

Commercial Determination: Market research and procurement history indicates this part is not commercial.

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.

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

SWEENEY ENGINEERING CORP (96736)

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_ 07/31/2017 Helen B. Davis Phone Date Contracting Officer

APPROVAL REQUIREMENTS:

[X] Up to $700,000 Contracting Officer