JA DOC SPE7M425R0005-FOIA.pdf

Justification for Other than Full and Open Competition (JA) - NON-LTC Solicitation: SPE7M425R0005

2 | Pa g e Selection Information- See FAR 2.101 & 3.104

DLA Land & Maritime Justification for Other than Full & Open Competition 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: I/A/W FAR 6.303-2(c), on November 07, 2024, the product specialist certified that the technical data, including the AMC/AMSC codes and approve source, were complete and accurate., see attachment #1.

The Engineering Support Activity (ESA), via DLA form 339, must approve any alternate source offers. 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.

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

[X] I/A/W DFARS PGI 206.302-1(d) sources sought notice posted to SAM.gov from 11/07/2024 to 11/13/2024 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 8 (eight) below.

[X] The acquisition will be synopsized on SAM.gov for 15 days prior to the solicitation opening.

[X] At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[X] Dealer of the manufacturer will be solicited.

7. The Contracting Officer is hereby determining that the anticipated price/cost will be fair and reasonable in accordance with FAR 6.303-2(b)(7). In accordance with FAR 15.403, certified cost and pricing data is not required under this acquisition threshold, however, other than certified cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination. Negotiations may be conducted and will be continued until suitable for both parties. Based on the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research for this procurement conducted 11/05/2024 to 11/18/2024.

Techniques used to conduct market research:

Review of the market research data that was available from the previous procurement for the same NSN item.

Data classification (SAP) industrial supply values / characteristics review of current NSN.

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

Past procurement review of the similar NSN items.

A sources sought notice was posted on SAM.gov from 11/07/2024 to 11/13/2024. No additional responses received from interested parties.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

Total number of vendors contacted: based on the procurement history, six (6) dealers were participating in all previous solicitations and approved sole source manufacturer does not participate directly with DLA, therefore, market surveys were sent to these dealers:

1. KAMPI COMPONENTS CO., INC., (7Z016)

2. LYNN ELECTRONICS (19151)

3. CONTROL FACTORS-SEATTLE, (72155)

4. LARKOS PACKING AND DISTRIBUTION, (6PZL1)

5. FILTER PROCESS, (5J1L3)

6. 17 MACHINERY (3FEG7)

Justification for Other than Full and Open Competition (JA) - NON-LTC Solicitation: SPE7M425R0005

3 | Pa g e Source Selection Information- See FAR 2.101 & 3.104

DLA Land & Maritime Justification for Other than Full & Open Competition

These three (3) dealers did not respond to the market survey:

1. KAMPI COMPONENTS CO., INC., (7Z016)

2. LYNN ELECTRONICS (19151)

3. CONTROL FACTORS-SEATTLE, (72155)

and

4. LARKOS PACKING AND DISTRIBUTION, (6PZL1) responded that they are no longer available to supply this NSN item, no bid.

It has been five (5) years since last contract was issued by the government for this NSN item. Contracting officer has contacted the manufacturer’s Regional Office and was advised by Eaton’s sales managers (Aldo Guarneri and Brian Spring) that EATON FILTRATION LLC, (4X3T2) is no longer provides any dealer with the quote and has limited dealer sources authorized to sell their product. Letters from Eaton as a traceability can be provided independently by Regional Office for participants at the time of pre-award evaluation.

Only two (2) dealers below responded to the market survey.

5. 17 MACHINERY (3FEG7),

Commerciality determination:

According to the current market surveys received from potential participants and latest record of the previous past buy history, this item is not commercial. I/A/W FAR 7.102(a)(4) the item is not GSA listed from sources other than DLA. There was no commercial sales history, catalogs / brochures, established price list or announcements provided for this item to the public. 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.