SPE7MX-20-R-0093 - justification.pdf

For Official Use Only Source Selection Information

See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0093

[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. DLA Land and Maritime proposes to enter into a firm-fixed price, indefinite quantity contract. The solicitation will be for a total of five years, which includes one five-year base period.

3. In addition to the NSNs specified in the proposed solicitation, the scope of this contract includes all

DLA and DOD managed NSNs for which GMS Industrial Supply, Inc. (3G2C5)(GMS) is the sole source. NSNs within this scope may be added to any resulting contract via bilateral modification and in accordance with Procurement Note L27 Addition and Deletion of Items (AUG 2017).

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

Contract Line Item

Number

(CLIN)

National Stock Number (NSN)

Unit of Measure

Acquisition Method

Code

(AMC)

Acquisition Method

Suffix Code

(AMSC)

Annual Demand

Q uantity

(ADQ )

Annual Demand

Value (ADV)

Commercial and

Government Entity Code

(CAGE) Part Number

0001 4910016184290 KT = Kit 3 D 93 3G2C5 GMSWT001

0002 4910016202615 KT 3 D 594 3G2C5 GMSA4252

0003 4910016202624 KT 3 D 107 3G2C5 GMSA4251

0004 4910016202637 KT 3 D 274 3G2C5 GMST1989

0005 4910016202655 KT 3 D 101 3G2C5 GMSA4250

0006 4910016202664 KT 3 D 431 3G2C5 GMSA4249

0007 4940016409437 KT 3 D 74 3G2C5 GMS7757K

0008 4940016409446 KT 3 D 66 3G2C5 GMS7758K

0009 4940016409682 KT 3 D 79 3G2C5 GMS7759K

0010 4940016409693 KT 3 D 553 3G2C5 GMSG0011

0011 4940016409704 KT 3 D 5 3G2C5 GMSH3000

0012 4940016409783 KT 3 D 368 3G2C5 GMSGS005

0013 4940016409831 KT 3 D 236 3G2C5 GMSGS001

0014 4940016409834 KT 3 D 202 3G2C5 GMSG0002

0015 4940016421426 EA = Each 3 D 90 3G2C5 GMS3206W

0016 4940016421430 EA 3 D 78 3G2C5 GMS3207W

0017 4940016421431 EA 3 D 375 3G2C5 GMS7716K

0018 4940016421455 EA 3 D 126 3G2C5 GMS7798K

0019 4940016421503 EA 3 D 76 3G2C5 GMS7827K

0020 4940016421505 EA 3 D 180 3G2C5 GMS7596K

0021 4940016439914 KT 3 D 484 3G2C5 GMS11055

0022 4940016455135 KT 3 D 95 3G2C5 GMSG0007

See FAR 2.101 and 3.104

ESTIMATED BASE YEAR VALUE:

ESTIMATED TOTAL VALUE:

MAXIMUM CONTRACT VALUE:

5. 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.

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

GMS Industrial Supply, Inc. (3G2C5)

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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

The use of the authority cited is based on:

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. The Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data. For the NSNs listed in Attachment 2, GMS Industrial Supply, Inc (3G2C5)(GMS) is the only approved source for these items because they are the only known source with the data necessary to manufacture the items. While some of the items with the kits being procured under this action are commercially available, they are not commercially available in the kit.

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

The acquisition will be synopsized in May of 2020.

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

Cost and Pricing Data is not required per FAR 15.402-1 (b) (3) for the items listed above. These items are solicited I/A/W FAR 12—Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. The buyer may request information other than cost or price data to support price reasonableness if necessary.

9. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, with a copy of the market survey attached, was posted on beta.SAM.gov from 4/7/20, through 4/15/20, with no responses received.

See FAR 2.101 and 3.104

Market surveys were sent out to JGILS, LLC (1N8T8) and GMS on 1/9/20. The market survey asked these companies to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, and asked information regarding FOB and zones. JGILS, LLC responded on 1/9/20, indicating that they were not bidding indefinite quantity contracts at this time. GMS responded on 1/9/20, and indicated the following:

Woman Owned Small business manufacturer with a preference to deal with the USG directly

Is interested in pursuing a Long-Term-Contract for any or all of these items

No commercial distribution network

Provided a Commercial Price List that is available online

From 4/7/20-4/9/20, the buyer contacted GMS for additional information and Operations Manager at GMS, responded with supporting documentation. A summary of the sole response received is below:

All NSNs are listed on GSA schedule GS-07F-0369V

Stated that the items in the kits are commercially available.

Stated that if the current contract would expire on September 30, 2020, and this contract was in place,

10. The confirmation of sources listed above was completed on 2/11/20, during the technical evaluation of this project by the Product Specialist, . Based on the limited data the Government possesses, only GMS can meet the Government’s minimum needs for these items. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

11. 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 for these CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government. GMS is the only source that has expressed interest in participating in a LTC for the items listed in this solicitation.

12. 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, these items are subject to the following methods of locating additional sources: The solicitation contains L04 – Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items.

13. The J&A for the current LTC for these items, SPE7MX-18-D-0043, has been located and is in the file.

Contracting Officer Certification 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.

Charles E. Mielke II, Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate

Head of the Contracting Activity (HCA)

APPROVAL REQUIREMENTS

[ x ] $700,000 - $13,500,000 Competition Advocate [ x ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

For Official Use Only Source Selection Information

See FAR 2.101 and 3.104

MIELKE.CHARLES.EVANS.II.12531

69750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2020.05.11 09:26:22 -04'00'

SHEARER.MARY.E.125070

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.05.11 12:18:15 -04'00'

BROWN.MARK.ALBERT.1

041175032

Digitally signed by

BROWN.MARK.ALBERT.1041175032

Date: 2020.05.11 17:40:03 -04'00'