J A6.302-1cSPE7MC15C0067.pdf

Justification for Other Than Full & Open Competition (December 2011)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC-15-T-3900

[ X ] ORIGINAL

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

The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

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

Fluke Anchor 2040-01-518-6911 72 D

Identify end item, weapon system, or class of item: C7N, Navy Expeditionary Programs. US Navy Expeditionary Programs provide worldwide maritime support including coastal and inshore surveillance, security and antiterrorism force protection, ground defense, command, control, communications system and intelligence, and security for aircraft, airfields, campsites, convoys and convoy routes, ports, harbors, and anchorages. The fluke anchor is part of the Amphibious Bulk Liquid Transfer System (ABLTS). The ABLTS delivers fuel and/or water from ship to shore via several thousand feet of hoses. The purpose of the fluke anchor is to stabilize the hose during the transfer of the fluids. The primary customer of the Amphibious Bulk Liquid Transfer System is the United States Navy.

ESTIMATED BASE VALUE _ __

ESTIMATED TOTAL VALUE (BASE + QTY RANGES) ______

MAXIMUM CONTRACT VALUE _______________________________________________________________ FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING ___________________________________

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.

If restricted to the only source(s) of supply, include source(s) and CAGE code: Appleton Marine Inc. DBA (70433) p/n 6304532-1

The use of the authority cited is based on:

[ X ] AMC 4. Acquire, for the first time, directly from the manufacturer.

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

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

[ X ] This customer direct requirement was issued through the automated system as an RFQ (under SAT) and was posted to DIBBS on 1/16/15 with closing date of 1/26/15.

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

Subject requirement for NSN 2040-01-518-6911is a 1st time buy for DLA Maritime and review of Haystack reflects no previous history. The buyer will utilize price analysis techniques such as comparison to similar items to determine price reasonableness. The approved source provide informal cost/price data when requested.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC-15-T-3900

A market survey was conducted on/during: A market survey was not conducted prior to solicitation since this was issued thru the automated system as an RFQ (under SAT) and all offers with the exception of 2 are over SAT.

Requirement will not be re-issued as an RFP because this is a customer direct with 72 IPG III backorders and because there is no past history that would have indicated the solicitation would exceed the simplified threshold.

Offers from the RFQ included 1 manufacturer (approved source Appleton Marine) and 5 dealers offering the product of the approved source. There were no alternate manufacturers that expressed an interest in the RFQ solicitation.

Information regarding the commerciality of the item(s): The approved source, Appleton Marine, completed a 1st time buy questionnaire on 3/27/15, but because the responses on commercialstatus appeared to contradict each other, additional information was requested. On 4/15/15, Appleton Marine rep, , stated that the only customer base for p/n 6304532-1 is the US Government.

The PR was also referred to tech on 4/3/15 for review of commercial status and on 4/5/15 the Product Specialist spoke with who confirmed that NSN 2040-01-518-6911 is not a commercial item. On 4/15/15 the Product Specialist stated that the US Navy was the source for the establishment of subject NSN and that the Government does not possess adequate data. The Product Specialist did not refer the NSN to the ESA since the approved source confirmed the validity and non-commercial status of the part on 4/5/15. Based on Internet research that did not reveal any commercial sales history or catalogs/brochures, AMC/AMSC of 4D, blank SAP COTS status, 0 results found on GSA Advantage site, tech review, and 4/15/15 confirmation from Appletin, it is the Contracting Officer’s determination that in accordance with FAR 2.101, NSN 2040-01-518-6911 is considered to be non-commercial.

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.

NSN was reviewed by tech on 4/3/15 and 4/15/15. Based upon AMC/AMSC 4D the Government is not in the possession of technical data and as far as the buyer is aware, Appleton Marine Inc. (70433) is the only known source that possesses the technical data necessary to manufacture this item. Review of RFQ for subject NSN indicate no offers were received from alternate manufacturers

A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Appleton Marine (70433), J.G.B Enterprises (61125), Brylo Marine Inc. (7RMP0), Equs Logistics (5URY2), BML Works (5WW91), Mose Engineering (705N1). BML Works and Mose Engineering did not respond to request for traceability.

In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, 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 incorporated the terms and conditions set forth in the DLA Master Solicitation For Eprocurement Automated Simplified Acquisitions. The master solicitation includes the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC-15-T-3900

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 $650,000, this signature serves as the approval.

X Contracting Officer

APPROVAL/CERTIFICATION

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

APPROVAL REQUIREMENTS

[ X ] Up to $650,000 Contracting Officer

[ ] $650,000 to $12,500,000 Competition Advocate

[ ] $12,500,000 to $85,500,000 Head of Contracting Activity (HCA)

[ ] over $85,500,000 Senior Procurement Executive (AQ)

Digitally signed by

CALLAND.VICKI.L.1296357797

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=CALLAND.VICKI.L.1296357797 Date: 2015.04.22 14:12:27 -04'00'