JA_SPE7M5-24-R-0019_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M524R0019 / PR 7008311445

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

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

Chelton Limited (U1907) P/N 16-113SSP15

The use of the authority cited is based on 10 U.S.C. 3204(a)(1):

[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.

A Technical Referral was sent to the Product Specialist to validate the AMC/AMSC code and source of supply.

On 9/6/2024, the Product Specialist confirmed the AMC/AMSC of 3/R and confirmed the item has one approved source. Data is proprietary and sole source to Chelton (U1907); there are no other sources of supply for this material.

The Product Specialist certified the above technical information, is complete and accurate on 9/6/2024.

DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source.

The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them

Chelton Limited (U1907) is the only source that has the rights or data to manufacture this item.

Chelton Limited (U1907) retains the data rights, manufacturing knowledge, and/or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

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

[X] The acquisition will be synopsized for 15 days on or about September 25, 2024 at https://SAM.gov and will be solicited for 30 days on or about October 11, 2024 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://SAM.gov on 8/16/2024 with a respond by date of 8/23/2024.

o One response was received from BHPE (9SWS7) on 8/19/2024.

o On 8/19/2024, the Buyer acknowledged receipt of BHPE’s interest and provided information on DLA’s SAR process.

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

Per SAP MM03 – Entry for “Commercial Off-the-Shelf” is “No”.

The part number was researched in Haystack, GSA, and Google. This part number was found through a Google search; however, no additional data was located to indicate it is the same form, fit and function as the required military part number.

Market research received from EDI Defense, the distributor for Chelton (U1907), did not address commerciality.

A search of the Commercial Item Database (CID) in PIEE yielded no results. There was no CID file as of 9/12/2024.

The AMC/AMSC is not coded as a commercial product by the Product Specialist.

The AMC/AMSC is coded as a 3/R; Acquire, for the second or subsequent time, directly from the manufacturer. 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.

The AMC/AMSC code was certified as accurate by the Product Specialist on 9/6/2024.

Commerciality Summary:

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist), use of market surveys, sources sought notices, procurement history, and research of the market through key words searches on the internet and database, the Contracting Officer has determined that it is in the best interest of the Government to proceed as a non-commercial item, using FAR Part 15 procedures in lieu of FAR Part 12.

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

Attachments Technical Certification Tech Referral