JA_-_Redacted_(SPE7M417R0068)_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATIONSPE7M4-17-R0068

SOURCE SELECTION INFORMATION;SEE FAR 2.101 & 3.104 1

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

2. The action being approved is the acquisition of supplies using other than full and open competition by restricting to the only source(s) approved to manufacture the item, see below.

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

BRIEF DESCRIPTION: CHAIR, STRAIGHT

NSN: 2090-00-290-8392

PR QUANTITY: 2,200 EA

EST. PR VALUE:

AMSC: C

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

NSN item CHAIR, STRAIGHT is an item of moveable furniture designed to seat one person, it has a back and may have an arm or arms, it usually has four legs, but may have various shaped bases. It is never completely upholstered, but portions may be upholstered. Contract history shows that this item is primarily purchased by the military. NAICS code is 337214.

LARGE PROCUREMENT – Request for Proposal (RFP):

ESTIMATED SOLICITATION VALUE: $ up to 2,200 each)

No option will be solicited.

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

APPROVED SOURCES:

EMECO INDUSTRIES, INC. DBA EMECO (89135) P/N 1001-T11

PACIFIC MARITIME INDUSTRIES CORP (1MM06) P/N B-3B-2-APPR

TURNBULL, LLC (5BWU1) P/N 771-000

These are the only known sources that own or have rights to the technical data necessary to manufacture this item for the

Government. Therefore, complete data package of drawings/specs will not be available at the time of solicitation.

5. If restricted to the only sources of supply, include sources and CAGE code:

EMECO INDUSTRIES, INC. DBA EMECO (89135)

PACIFIC MARITIME INDUSTRIES CORP (1MM06)

TURNBULL, LLC (5BWU1)

Last procurement was a simplified acquisition purchase; therefore, J & A does not apply.

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

(X) AMC = 1. Suitable for competitive acquisition for the second or subsequent time.

(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 and approved sources have been concurred as complete and accurate by the product specialist at the time of market research that was conducted September 21, 2017 to September 28, 2017, see paragraph 8 below.

ORIGINAL

SOURCE SELECTION INFORMATION;SEE FAR 2.101 & 3.104 2

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) Solicitation will be posted to DIBBS for 30 days.

(X) Other:

I/A/W DFARS PGI 206.302-1(d) sources sought notice was posted to FedBizOps for five (5) business days as a part of market research, per FAR 6.302-1 to make sure that offers will be received “from as many potential sources as is practicable under the circumstances,” see market research paragraph eight (8) 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 FAR 15.402.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted from September 21, 2017 to September 28, 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, EMALL, GSA databases were queried to identify other potential sources for this item; no other sources were identified.

Market Survey[10U.S.C.2304(f)(3)(D)]: was conducted September 21, 2017 with a response date of September 28, 2017.

Sources sought notice with market survey form attached was posted to FedBizOpps 9/21/2017-9/28/2017. One (1) company responded by email stating their interest in this solicitation:

JBL System Solutions (5WRH4) – small business dealer

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

Total number of vendors contacted: Market surveys were sent to the approved OEM sources via e-mail:

1. PACIFIC MARITIME INDUSTRIES CORP, (1MM06)

2. EMECO INDUSTRIES, INC (89135)

3. TURNBULL, LLC (5BWU1).

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

Name of vendors/responses:

PACIFIC MARITIME INDUSTRIES CORP (1MM06) – POC:

Small business manufacturer

Willing to submit an offer

JBL SYSTEM SOLUTIONS (5WRH4) – POC:

Small business dealer

Would provide parts from Pacific Maritime Industries Corp (1MM06)

SOURCE SELECTION INFORMATION;SEE FAR 2.101 & 3.104 3

EMECO INDUSTRIES, INC (89135) - did not respond to the market survey.

TURNBULL, LLC (5BWU1) - did not respond to the market survey.

Non-commerciality determination:

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.

Therefore, based on all above, this solicitation will be solicited under the FAR Part 15.

9. Additional facts supporting other than full and open competition are:

(X) 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, indicating an interest in the acquisition is:

1. Pacific Maritime Industries Corp (1MM06)- OEM

2. JBL System Solutions (5WRH4)- dealer

11. This item is subject to the following methods of locating additional sources:

(X) 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 an approval.

2-2621 11/15/2017

Contracting Officer’s Signature Phone Date

Helen B. Davis

APPROVALREQUIREMENTS:

(X) Up to $700,000 - Contracting Officer