JA6.302-1SPE7MC20C0004.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC18R0024

DLA Land & Maritime Justification for Other Than Full & Open Competition (FEB 2017)

[ X ] ORIGINAL

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/services required to meet the using activity’s needs are described as follows:

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

Valve, Vent 4820-01-483-6369 3 D

LARGE PROCUREMENT –Request for Proposal (RFP):

ESTIMATED RFP TOTAL VALUE: based on the highest quantity range of 3 EA is .

No option will be included.

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.

Vacco Industries (99517) is the only source currently approved by the Engineering Support Activity (ESA) to manufacturer this item. Sourcing is restricted to Vacco Industries (99517) because it is the only source known to possess the technical data and/or data rights necessary to manufacturer this item. Any alternate offeror must be approved by the ESA, via DLA form 339. The offeror must provide a complete data package including data for the approved part and alternate part for evaluation. According to the product specialist, there are no other concerns seeking source approval at this time.

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

Vacco Industries (99517)-large business manufacturer

The use of the authority cited below:

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

The use of the authority cited is based on:

[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.

AMC/AMSC of 3/D and approved source were reviewed and concurred by the product specialist on 2/11/2018 at the time of market research.

No previous J&A’s as this is a first time buy.

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

[ X ] The acquisition will be synopsized for 15 days.

[ X ] Other:

Solicitation will be posted to DIBBS for 30 days.

I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to FedBizOps from 2/14/2018-

2/21/2018 as part of market research to make sure that offers will be received “from as many potential sources as is practicable under the circumstances”. (FAR 6.302-1), see market research paragraph 8 below.

7. The Contracting Officer is affirmatively determining that the anticipated price/cost will be fair and reasonable in accordance with FAR 6.303-2(b)(7). In accordance with FAR 15.403, certified cost and pricing data is required for this acquisition threshold. Negotiations may be required and will be continued until suitable for both parties and a determination that the anticipated cost is fair and reasonable to the government will be made by the Contracting Officer in accordance with FAR 15.402. The pricing office may also be involved since this is a first time buy.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted from 2/8/2018-2/21/2018.

Techniques used to conduct market research:

Past procurement review of the requested item NSN;

Similar NSN items past procurement review;

Data classification (SAP) industrial supply values / characteristics review;

Web search for commercial use of the NSN item P/N requested;

FLIS, GSA databases were queried to identify other potential sources for this item; no sources were found.

Source sought notice was posted to FedBizOpps 2/14/2018-2/21/2018 with no responses received.

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

Total number of vendors contacted: Market survey was sent to the approved sole source OEM Vacco Industries via e-mail.

Types of information requested: delivery, quantity sensitivity, price break availability, commerciality, business size, business type, FOB information, etc.

Response: Vacco responded with the following information:

They are a large business manufacturer

They are willing to submit an offer They indicated this item is not a commercial off the shelf item. They would only manufacture and sell this item to the government

Commercial Determination:

The buyer reviewed the part number and nomenclature on the Internet to see if it was available for sale to the general public. The internet, Haystack and GSA website searches indicate that it is not sold commercially. There was no commercial sales history, catalogs/brochures, established price list or announcements to the general public provided for this item. Market research indicates this item is not commercial. The COTS field in SAP is blank also indicating the item is not commercial. It is the contracting officer’s determination that the item is not commercial.

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:

Vacco Industries (99517)

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

[X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ X ] Other: I/A/W DLAD prescription 11.391(b) Procurement Notes L04 “Offers for Part Numbered Items” and M06 “Evaluation of Offers for Part Numbered Items” will be included in the solicitation.

DLA Land & Maritime Justification for Other Than Full & Open Competition (FEB 2017)

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.

Juliana M. Secrist/Contracting Officer Phone Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X ] Up to $700,000 Contracting Officer

[ X ] $700,000 to $13,500,000 Competition Advocate

SECRIST.JULIANA

.M.1230216297

Digitally signed by

SECRIST.JULIANA.M.1230216297

Date: 2018.05.08 11:50:05 -04'00'

COUTURE.MARY.E.1230253

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.05.29 10:41:19 -04'00'