SPE7MX-21-R-X003 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-21-R-X003

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

(AMC)/ Acquisition Method Suffix Code (AMSC) and technical data were reviewed and verified by , Product Specialist on 1/15/20. Jonathan certified that the supporting data is complete and accurate, including the AMC/AMSC codes, the approved source and part numbers and that there are no pending 339’s. The Buyer confirmed the approved source and part number by reviewing the Product Item Description (PID) and by searching the Product Master – Approved CAGE Part Numbers database in SRM on 1/15/2021. See attachment # 2.

The use of the authority cited below:

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

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.

To ensure continued product integrity of these items, procurement is restricted to the approved source. Scott Technologies, Inc. is known to have the required experience and capability to effectively produce these items. NSN 4240014582123 is a Shoulder Pad Assembly for the Self-Contained Breathing Apparatus (SCBA) used on multiple Navy vessels. NSN 4730014688025 is a Charging Assembly for a SCBA used on multiple Navy vessels. NSN 5331015878959 is an O-Ring used on Fire Fighting SCBA. These are the only code and part number items known to fit in the end item. Using unapproved parts could potentially compromise the normal operation and safety of the equipment and its troops.

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

A sources sought and a market survey were issued on beta.SAM.gov from October 13, 2020 to October 20, 2020. The acquisition will be synopsized prior to the solicitation opening. This acquisition will be solicited on the internet for 14 days via the DLA Internet Bid Board System (DIBBS).

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

This will be a three-year base period with two one-year option periods, FFP, IDC. Certified Cost or Pricing Data requirements do not apply. 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 will determine whether 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.

8. Market Research/Efforts to Obtain Competition:

In accordance with 10 U.S.C. 2304(f)(3)(D) the market surveys on this project requested companies provide answers to general questions regarding their company size and status. The LTC questions included overall interest in the LTC, preferable length of contract, commerciality of the item and supporting documentation, delivery schedule, and the vendor’s ability to provide Certified Cost & Price Data. The vendors also had the opportunity to provide any additional information that they feel may be of assistance in building our

CLIN 0003 – A Google search for NSN 5331015878959, Part Number 58652-00 was conducted on October 6, 2020. The part was found on www.grainger.ca at a unit price of $10.27 (attachment #5). This part was not found on

GSA.

Based on the information presented above, the Contracting Officer determined the items were commercial.

9. 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 data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: Federal Resources Supply

Company (1Q3Z9) and Scott Technologies, Inc. (15927).

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive. The Government will also include a clause in this solicitation that provides that the Government will consider alternate offers, and that alternate offerors should submit a source approval request (SAR) package that will be referred to the engineering activity. If the current procurement cannot be delayed, due to mission requirements, and to allow sufficient time for the engineering activity to determine whether to approve the alternate offer, the SAR package will be considered for future awards.

12. Previous Justification and Approval for NSNs 4240014582123 and 4730014688025 were found in Records Management and were included as Attachments 8 and 9.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

1/26/2021

1/29/2021

SEDA

VARGAS.XIOMARA.1365269

Digitally signed by SEDA

VARGAS.XIOMARA.1365269900

Date: 2021 01.26 07:46:21 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.01.29 15:11:43 -05'00'

APPROVAL REQUIREMENTS

$750,000 to $15,000,000 - Competition Advocate

Attachments:

1. Procurement History

2. Tech Cert and PID

3. CLIN 0001 Online Price

4. CLIN 0001 GSA

5. CLIN 0002 Online Price

6. CLIN 0002 GSA

7. CLIN 0003 Online Price

8. J&A 4240014582123

9. J&A 4730014688025