JA FOIA.pdf

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M523R0028; Purchase request (PR): 7002773160

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

On 6/9/2023, the Product Specialist (see Attachment #1) certified that the technical information, including the AMC/AMSC and approved sources, is complete and accurate. The product specialist validated that this NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/B. This part is restricted to the source specified on a source control drawing. The Government does not possess adequate data, lack rights to data, and/or has no record of an alternate Design Control approved source. Rocker Solenoid Co (07797) is the only source listed on the Source Control Drawing.

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

The acquisition will be synopsized on or about 7/20/2023 for 15 days. At the conclusion of the synopsis, the solicitation will post on the DLA Internet Bid Board System (DIBBS) for 30 days.

A Sources Sought was posted to SAM on 5/18/2023 for 15 days. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. This NSN was recently on an Indefinite Delivery Contract to a dealer. There were nine orders placed total, of which seven orders were cancelled. Because of this the buyer decided to use the last firm quantity purchase order for estimation. The most recent Firm, Fixed Price procurement was to Rocker Solenoid in 11/2020 for 100 units at $2212 per unit and was based on the contracting officer’s comparison to historical prices paid, whether by the Government or other than the Government, for same or similar items and prior price is a valid basis for comparison as supported by prior file documents (PRC BG).

This will be a firm, fixed price contract to a DLA Direct stocking location. IAW FAR 19.702(b), a subcontracting plan will not be required as the expected awardee will be a small business due to the Total Small Business Set Aside. Certified Cost or Pricing Data will not be required as the estimated maximum value will not exceed $2 million.

Negotiations may be used pending price analysis and competition.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

Length of contract: A firm, fixed price contract for a definite quantity with no options will be issued.

7. Market Research/Efforts to Obtain Competition:

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

The Material Master (MM03) states this item is not commercial. Rocker Solenoid did not state this a commercial item on the Market Survey or on previous procurements. A search on both Google and GSA Advantage found no listings. A search on the website for Rocker Solenoid did not find this part listed. The product specialist did not state this a commercial or a commercial-of-a-type item. The Contracting Officer hereby determines that this item is not commercial.

A Sources Sought was posted on SAM from 5/18/2023 to 6/4/2023. No responses were received.

In addition to the Sources Sought, a market survey was sent to the sole approved source Rocker Solenoid Co (07797) and to the awardee on the previous IDCs Statz Corp (3WGD1) on 5/18/2023. Rocker Solenoid returned a completed Market Survey on 6/1/2023. Statz did not respond.

This is a summary of Rocker Solenoid’s returned Market Survey as it pertains to this document. Rocker is a small business manufacturer that does not have a parent company. This is not a commercial item. It is not catalog listed, on a GSA schedule and not currently in their inventory.

Techniques used to conduct survey [X] Market Research email was sent to Rocker Solenoid (07797) and Statz Corp (3WGD1)

Types of information requested: The market survey requested that companies provide answers to general questions 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 (see Attachment #2).

8. 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. The Government does not have the data to manufacture this item, and this is a CAGE and part number purchase. All interested parties wishing to submit an offer must submit a SAR data package for review by the cognizant ESA.

9. A listing of sources, if any, indicating an interest in the acquisition is:

Rocker Solenoid Co (07797)

10. The following actions are being taken to identify additional sources:

L22 Restriction of Alternate Offers for Source Controlled Items (SEP 2017)

11. IAW DFARS PGI 6.3, the previous J&A must be attached. All previous procurements have been under the Simplified Acquisition Threshold, therefore a J&A is not available to attach.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer [X] $750,000 to $15,000,000 Competition Advocate

Attachments:

1. Product specialist certification

2. Market Survey

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2023.07.20 14:51:48 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.07.21 08:10:30 -04'00'

7/20/2023

7/21/2023