JA_-_Redacted_(SPE7M418R0012)_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M418R0012

1 | P a g e For Official Use Only 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 QUANTITY EST. VALUE AMSC

ACTUATOR, ELECTRO-MECHANICAL,

ROTARY OPERATOR

481001110999 25 C

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

NSN item ACTUATOR, ELECTRO-MECHANICAL, ROTARY OPERATOR is used on the Nimitz Class CVN. Contract history shows that this item is primarily purchased by the military, specifically Department of the Navy.

Weapon System is JAN. NAICS code is 333613.

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE (based on the additional quantity up to 25 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:

FLOWSERVE CORPORATION DBA FLOWSERVE CAGE 52374; P/N: 01-435-0157-5 ASSY LT-130

It is the only known source that owns or has rights to the technical data necessary to manufacturer this NSN item.

FLOWSERVE CORPORATION DBA FLOWSERVE CAGE 52374 has been identified by the Government as having the appropriate manufacturing expertise to supply this NSN to DLA and the using military service.

Therefore, 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:

Flowserve Corporation dba Flowserve CAGE 52374 – is large business manufacturer.

• Last award was issued under the simplified acquisition; therefore, a J&A was not required.

The use of the authority cited below:

[X] AMC = 3. Acquire, for 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 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 the data is adequate for an alternate source to qualify in accordance with the design control activity’s procedures, AMCs 1 or 2 are valid.

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• Current AMC/AMSC = 3/C and approved source requirements were validated by Product Specialist on 12/5/17.

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) a sources sought notice was posted to FedBizOps from 12/12/2017 to 12/19/2017 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 8 (eight) below.

7. The Contracting Officer is affirmatively determining that the anticipated price/cost of EA 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 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 for this procurement was conducted from 12/12/2017-12/19/2017.

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 other additional sources were found.

A sources sought notice was posted on FedBizOpps from 12/12/2017-12/19/2017 – no responses from other interested parties were received.

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

Vendor contacted: Market survey was sent to the approved source OEM Flowserve Corporation dba Flowserve (52374) via e-mail.

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

Name of vendors/responses:

One (1) vendor responded to market survey.

Flowserve Corporation dba Flowserve (52374) – POC: Woody Lawman

• Large business manufacturer

• Willing to submit an offer

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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:

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:

FLOWSERVE CORPORATION DBA FLOWSERVE (52374)

11. The following actions are being taken to identify 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 this 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 01/16/2018

Contracting Officer Phone Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer