SPE7M418R0009_-_reviewed_-_Copy_Redacted_in_black.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M418R0009 (NON-LTC)

Source Selection Information;See FAR 2.101 & 3.104 1

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 QUANTITY EST. VALUE AMSC

Valve, Solenoid 4810-00-226-4107 76 D

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

This Valve, Solenoid and is part of weapon system 06F, C-130 Hercules Aircraft. The C-130 is capable of operating from rough dirt strips and is the prime transport for airdropping troops and equipment into hostile areas.

The solenoid valve has two or more ports with valve stem or pilot needle in a normally open or closed position.

The valve is specifically designed to stop or start or change the flow of fluid by means of the magnetic action of an electric coil on a moveable core or plunger. The approved source is Meggitt (North Holllywood) Inc. (79318) P/N 27131244. Weapon system 06F (C-130 Hercules Aircraft).

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE (based on the quantity ranges up to 105 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) (l) - 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.

The only known source that owns or has rights to the technical data necessary to manufacturer this NSN item is Meggitt (North Holllywood) Inc. (79318) with P/N 27131244. They have been identified by the Government as the only manufacturer who has the appropriate manufacturing expertise to supply this NSN to DLA and the end user military services. The weapon system indicator code is F "Failure will render end item inoperable". As such, acquisition from the currently approved source is required to maintain the quality of the part. Therefore, a complete data package of drawings / specs will not be available at the time of solicitation.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

MEGGITT (NORTH HOLLLYWOOD) INC. (79318) – large business manufacturer.

Note: Last award was issued as a large procurement, previous J&A document is attached. (See attachment #1).

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 actual manufacturer.

(X) 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.

Note: I/A/W FAR 6.303 (c), a basis for the justification have been concurred as complete and accurate by the product specialist at the time of market research that was conducted January 03, 2018 to January 10, 2018, see paragraph 8 below.

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

Source Selection Information;See FAR 2.101 & 3.104 2 potential sources as is practicable under the circumstances,” see market research paragraph eight (8) below.

7. The Contracting Officer hereby determines that the anticipated price/cost of A 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.

8. Market Research/Efforts to Obtain Competition:

a. Market research was conducted from 01/03/2018 to 01/10/2018.

Techniques used to conduct market research:

Past procurement review of the requested item NSN;

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 01/03/2018 thru 01/10/2018. No responses from additional interested parties were received.

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

Total number of vendors contacted: Based on the past buy review- over the last four (4) years, only one supplier responded to government’s solicitations - Meggitt (North Hollywood), Inc (79318) who is also a sole source OEM.

Therefore, survey was sent via email to Meggitt (North Hollywood), Inc.

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

Name of vendor contacted and responded and summary of information received:

Meggitt (North Hollywood), Inc (79318):

Large business manufacturer OEM

Stated that the item is not commercial.

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.

Source Selection Information;See FAR 2.101 & 3.104 3

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

MEGGITT (NORTH HOLLYWOOD). INC. (79318) - direct OEM

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.

CONTRACTING OFFICER CERTIFICATION:

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__________02/27/2018___________

Contracting Officer’s Signature Phone Date

Helen B. Davis

Attachment # 1: Previous award J&A

APPROVAL REQUIREMENTS:

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