SPE7MC18R0044 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC18R0044

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

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

Valve, Linear, Directional

Control 4820011578745 38 C

ESTIMATED TOTAL VALUE (AT HIGHEST QUANTITY PRICE BREAK OF 76):

This Valve, Linear, Directional Control supports the weapon system (Z9N) Aircraft, FA-18, A - D, E/F, G (GROWLER) weapons system. A Valve, Linear, Directional Control is a manually or power operated valve having three or more ports.

The direction of the flow through the various ports is controlled by either one or more reciprocating slide(s) or spool(s) with recess areas which mate with ports in an integral or replaceable ported sleeve, or one or more poppet(s). It is designed to change the direction of fluid flow from one valve port to another. An off (no flow) position is not a flow pattern. The valve is designed to actuate various components of a fluid system. A power operated valve may have a manual override.

The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

4. The approved source for this NSN is Meggitt (North Hollywood), Inc. (79318) P/N 240355-4. Per the product specialist, this NSN requires engineering source approval by the design control activity in order to maintain the quality of the part. The designated company is the only source that possesses the unique design capability, engineering skills, and manufacturing knowledge to produce this part to the required quality standards.

AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

The use of the authority cited is based on:

(The following AMSC descriptions are available in DFARS PGI 217.7506 Part 2.)

AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

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

The acquisition will be synopsized on Fed Biz Ops on or about 5 OCT 2018 and will be posted for 15 days. At the completion of the synopsis period, the requirement will be solicited on the DLA Internet Bid Board System for 30 days.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Price analysis using past contract history will be performed, and negotiations will be conducted to address price as well as delivery.

Certified or Other Than Certified Cost or Pricing Data may be requested if necessary in order to determine the

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC18R0044

price fair and reasonable. It is anticipated that the price will be determined fair and reasonable based on price analysis and negotiations. A one time, firm fixed price award will be made for the quantity of 38 each.

7. A market survey was conducted during 17 AUG 2018 to 24 AUG 2018.

Total number of vendors contacted: 2.

Names of vendors contacted: Meggitt (North Hollywood), Inc. (79318) and Integrated Procurement Technology (IPT), Inc. (4K0V2).

Techniques used to conduct survey:

The NSN was reviewed in Haystack and manufacturers of similar items were researched using the Thomas Register. The Acquisition Specialist verified that the part is not on the GSA schedule. Past buys were reviewed in Records Management. No additional manufacturing sources capable of supplying this item were identified.

A Sources Sought Notice with a market survey attached was also posted to Fed Biz Ops from 17 AUG 2018 to 24 AUG 2018. No responses were received.

A short form market survey was emailed to the approved manufacturer and their distributor IPT.

Types of information requested: The market survey requested information on company size and type, commerciality, lead time, economic production quantities, FOB and inspection preferences.

Meggitt (North Hollywood), Inc. (79318) is the approved manufacturer for this NSN. Meggitt (North Hollywood), Inc. did not respond to a direct e-mailed market survey sent to them on 17 AUG 2018.

Integrated Procurement Technology (IPT), Inc. (4K0V2) is an approved distributor for Meggitt (North Hollywood), Inc. IPT did not respond to a direct e-mailed market survey sent to them on 17 AUG 2018.

In accordance with DFARS PGI 206.303-2(B), the buyer has reviewed the items procurement history for the last procurement over the simplified acquisition threshold to locate a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed. The last procurement over SAT was contract SPM7M211C0002 in OCT 2014. Although some records for this procurement exist in the ECF, the buyer was unable to locate a completed/signed copy of the previous justification.

Information received regarding the commerciality of the item: It is not on the GSA schedule. The Acquisition Specialist searched Thomas Register, Google, and Haystack. Based on information located and the lack of publicly available part number information, it is the contracting officer’s determination that this item is not commercial.

8. Additional facts supporting other than full and open competition are:

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 applicable product specialist confirmed the AMC/AMSC coding and the approved source. Date of the last technical certification is 15 OCT 2017. The data presently available reflects the minimum needs of the Government. The Government does not own the data or the rights to the data needed to purchase this part from additional sources.

9. A listing of sources, if any, indicating an interest in the acquisition is: None.

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

The solicitation contains the DLAD Procurement Notes C01- Part Numbered Items, L04 - Offers for Part Numbered Items, and M06 - Evaluation of Offers for Part Numbered Items.