SPE7M919R0001_-_reviewed_Redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M919R0001

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

[ X ] 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. A large procurement has never been made on this material so there is no previous J&A to attach.

3. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Stator, Motor 6105-01-541-7418 23 Z

Identify end item, weapon system, or class of item: The primary customer is the United States Air Force (USAF). The weapons systems used in(01F) Missile, Minuteman III LGM-30. The approved source is Eaton Aerospace LLC (62983) PN 410965.

ESTIMATED BASE VALUE:

MAXIMUM CONTRACT VALUE: (with Quantity Price Breaks up to 30 each)

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

Aerospace LLC (62983) PN 410965

6. The use of the authority cited below:

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

7.The use of the authority cited is based on:

[ x ] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

Demonstration of the Approved Contractor’s Unique Qualifications:

(1) Eaton is the sole owner of their Drawings and technical data rights. The

Government did not buy their proprietary rights to produce a competitive Technical Data Package. This information was confirmed by the Product Specialist, in October 2018.

(2) A review of the contract history shows that Eaton’s dealers are the only sources to every supply this item to the Government. Attempts to increase competition through Sources Sought postings on FedBIZ Ops have failed to attract any additional sources.

(3) This particular Stator, Motor is used within the Missile, Minuteman III, LGM-30 (01F) for the United States Air Force. This item is a component on Eaton Hydraulic Motor Pump Assy - PN’s MPEV3-032-2A & MPEV03-032-2 no other item will work on these end items. Eaton Aerospace (62983) is the only approved source for this procurement at this time because they are currently the only source known to possess the requisite data to manufacture this item. Market research confirms that the Eaton motor stator is the only known motor stator that will ensure the end item(pump assembly) works in accordance with military requirements.

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

[ X ] The acquisition will be synopsized on or about 30 November 2018 and Solicitation SPE7M919R0001 will post to DIBBS on or about 15 December 2018 for 30 days.

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

The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary.

10. Market Research/Efforts to Obtain Competition:

A market survey was conducted on/during 10/17/2018 thru 10/24/2018

Total number of vendors contacted: Sources sought with an attached market survey was posted to FedBizOps on 10/17/2018. No responses were received from the posting. A market survey was sent directly to the approved sole source, Eaton and the most prior awardee Jamaica Bearings.

Eaton did not respond to the request. Jamaica Bearings did respond by providing an old Market Survey to a prior request (PR 0072505159) they returned. They stated that the would be interested in providing an offer on an upcoming Government procurement. Their CAGE Code is (04836), . They are not the OEM, but an authorized dealer of the approved source (62983) Eaton Aerospace and would supply PN 410965. Jamaica supplied a letter from Eaton authorizing them as a distributor. Jamaica Bearings is a Veterans Owned Small Business (VOSB).

They also noted that they have previously received orders from the Government for this same item.

Information received regarding the commerciality of the item(s): Jamaica Bearings noted on the market survey that the item was a commercial item. PN 410965 is a Stator, Motor that is used in the End Item, Hydraulic Motor Pump Assembly, PN’ MPEV3-032-2A and MPEV3-032-2 (NSN 4320-00-174-5811). The contractor also provided commercial invoicing, part breakdown and a commercial determination from DCMA on the end item finding the end item to be commercial. PN 410965, Stator Motor, is a component in the commercial end item (Pump Assembly). The component item is not normally sold directly to the commercial public, as they typically buy a completely new end item (pump assembly). Jamaica Bearings noted that it is not a commercially price listed item or available on GSA Schedule, but the component item (motor stator) is available to the commercial public for purchase upon request.

The SAP COTS field is coded N and the Item description of the NSN states “AFTER

TECHNICAL REVIEW, THIS ITEM MEETS THE DEFINITION OF COMMERICAL ITEM

AS FOUND AT FAR PART 2.101.” This information was reviewed and approved by the Product Specialist, Dan Gainey in October 2017. In accordance with FAR 2.101(1)(ii) Has been offered for sale, lease, or license to the general public, this item is considered to be a commercial item.

11. 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.

12. A listing of sources, if any, indicating an interest in the acquisition is: Jamaica Bearings (04836)

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

Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program. The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

[ X ] The solicitation contains the procurement note M06 entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items & L04 Offers for Part Numbered Items.

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.

Herman Poe, Contracting Officer Date

APPROVAL/CERTIFICATION

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

POE.HERMAN.LEE.JR.12146

25691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2018.11.28 15:15:41 -05'00'