J&A_FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M517R0005

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

ORIGINAL

ADDENDUM (attach copy of original J & A for add-ons or revisions)

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: Parts Kit, Seal Replacement

NSN/PN: 4820-01-480-5665 QUANTITY: 13

EST.VALUE: AMSC: R

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

Missile, Minuteman III, LGM-30, WSDC 01F

ESTIMATED BASE VALUE

MAXIMUM CONTRACT VALUE

Quantity breaks from 11 to 15 kits

IAW DFARS PGI 6.3, the previous J&A must be attached. As the previous procurements have not breached the Simplified Acquisition Threshold, no previous J&A is available.

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.

5. On 8/15/2016, the product specialist has identified and verified that Hupp Associates (0JT27) is the only known source that possesses the requisite data rights for this NSN with the capability to manufacture this part and the only known active manufacturing source for this item.

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

Hupp Associates (0JT27)

The use of the authority cited is based on:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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

(X) The acquisition will be synopsized on or about October 2016.

(X) Other (Explain): Will be posted to the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

The most recent buy for this item was from Hupp Associates (0JT27) in April 2016 for 6 kits at kit and was an automated buy determined fair and reasonable based on price comparison to a previous purchase (XG). History shows this NSN has been purchased 4 times total, dating to 11/2015, all from Hupp. The quantities have varied from 4 to 6 kits. Pricing has remained the same at per kit, regardless of quantity. Based on the prior purchases, it is reasonable to expect that pricing will be the same as previous procurements.

This will be a stocked item. The estimated price of both the solicited quantity of 13 kits and maximum quantity of 15 kits will not exceed $750,000, requiring certified cost or pricing data.

The top price break of 15 kits does not exceed $700,000, which would require a sub-contracting plan.

Negotiations procedures may be used pending price analysis results and competition.

Length of contract: A firm-fixed price contract will be issued.

Quantity: 13 each (Quantity price breaks will be solicited from 11 kits up to 15 kits in anticipation of requirements increases).

Estimated Contract Value:

8. Market Research/Efforts to Obtain Competition:

A Market Survey was sent to the approved source. Additionally, a Sources Sought notice was synopsized in the Federal Business Opportunities (FedBizOpps) to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the government’s requirements.

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

A market survey was conducted on 8/15/2016 and a Sources Sought synopsis was posted in the FedBizOpps on 8/15/2016, closing on 8/19/2016.

Total number of vendors contacted: One (1).

Names of vendors contacted and responding:

1) Hupp Associates responded stating they intend to submit a proposal.

Techniques used to conduct survey:

a) Market surveys were sent via e-mail to the following sources:

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

1) Hupp Associates (0JT27) Responses received from Sources Sought posted on FedBizOpps:

No responses were received

Types of information requested:

a) See Market Research/Survey (attachment #1) for information requested.

b) Sources Sought notice contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist.

Summary of information received:

a) Hupp Associates (0JT27):

Contractor responded they would be interested in submitting a proposal.

1) They are a small business manufacturer.

2) They prefer to deal directly with the government.

3) This is not a commercial item

Information received regarding the commerciality of the item(s):

The Material Master (MM03) states this item is not commercial. A search on both Google and GSA Advantage found no listings. A search on Hupp’s website did not find this part listed.

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, if any, indicating an interest in the acquisition is: (If none, so state)

1) Hupp Associates (0JT27)

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

(X) This solicitation will contain Conditions for Evaluation and Acceptance of Offers for Part Numbered Items, Procurement note L04 / M06

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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.

__________________________________________ (614) 692-4621 __________ Contracting Officer Phone Date

Christine Boyer________ Typed name of Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is:

at the solicited quantity, at the top price break.

This justification has been reviewed for legal sufficiency:

DLA Land and Maritime Counsel Date

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

ATTACHMENTS

#1- Market Survey

BOYER.CHRISTINE.D

.1249699639

Digitally signed by

BOYER.CHRISTINE.D.1249699639

Date: 2016.09.29 11:52:06 -04'00'

Date: 2016.10.03 11:28:08 -04'00'

9/29/2016