J&A6.302-1cSPE7MX-18-R-0018.pdf

SPE7MX-18-R-0018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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.

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

The subject solicitation is a 5-year IQC project. These items are all manufactured by W.S. Darley Co.

DBA Ohler Pumps.

NSN 4320-01-547-8729 is a “PUMP, CENTRIFUGAL: that is a 2”X2” self-priming centrifugal pump but is diesel engine driven and frame mounted. It is used in several USMC refueling systems.

NSN 5930-01-559-1797 is a non-contract/explosion proof switch used on the 4320-01-547-8729 pump.

NSN 5935-01-559-1794 is an electrical receptacle which accepts power from supporting systems, and is also used on the 4320-01-547-8729 pump.

NSN 5945-01-559-1802 is an electrical relay used in the control panel assembly, which is part of the power distribution console 6110-01-657-9314.

NSN 6110-01-657-9314 is a control panel that is used in the above pump assembly (4320-01-547-8729).

The only item on an LTC is 4320-01-547-8729 which will expire 08/21/2018.

ESTIMATED (3-Year) BASE VALUE:

ESTIMATED TOTAL VALUE (3-year BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

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.

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

W.S. DARLEY CO. DBA OHLER PUMPS 00299

The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above:

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

The use of the authority cited is based on:

ICP NSN AMC/AMSC Est. ADV DLA Land & Maritime 4320-01-547-8729 3/D DLA Land & Maritime 5930-01-559-1797 3/D DLA Land & Maritime 5935-01-559-1794 3/D DLA Land & Maritime 5945-01-559-1802 3/C DLA Land & Maritime 6110-01-657-9314 3/D

[ X ] 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.

[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.

Only W.S. DARLEY DBA OHLER PUMPS CAGE 00299 possesses the necessary data and legal rights to the data to manufacture the NSNs listed on this project. A technical review was completed on 10/30/17.

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

(x) The acquisition will be synopsized.

( ) Manufacturers of similar products identified in the market research will be solicited.

(x ) Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (explain)

(x) Other. (Explain) Sources Sought Notice posted to FedBizOps on 08/08/17 with a closing of

08/15/17 with no responses received.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be price analysis and analysis certified cost/ pricing data. Based on the results of market research, it appears that adequate price competition will not exist at time of offer evaluation. The small/OEM sole source manufacturer has indicated they are interested in submitting an offer and will submit certified data.

Previous procurement history was reviewed during the market research phase and may be used in price analysis. Further, the contract length will be 5 years based on the information obtained during market research.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Other market research efforts include: A review of the purchase history, coordination with the DLA Land and Maritime Small Business Office, and a review of the project data by DLA Land and Maritime- ZCA. One NSN has a previous J&A that was located (4320015478729) and the previous J&A is attached. The solicitation and J&A were reviewed for SPE7LX-12-R-0031 and the solicitation contained the provision (Conditions for Evaluation and Acceptance of Offers for Part Number Items). This NSN is currently on a LTC that will expire in August 2018. Another NSN (5930015591797) also appeared to be on a LTC previously but a J&A could not be located in Records Management under contract SPM7LX13D9002. The other NSNs do not appear to have any procurements over the Simplified Acquisition Threshold.

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

A market survey was conducted on/during: 06/27/17-11/01/17 Total number of vendors contacted: 5 Names of vendors contacted and responding:

CAGE 00299-W.S. Darley Ohler Pumps-responded and stated they are interested in participating CAGE 61125-JGB Enterprises-(dealer) stated that they are interested in this project but would not be able to submit certified data.

CAGE 4V314-Supplycore-declined to complete survey CAGE 7Z016-Kampi Components-no response CAGE 66200-Pioneer Industries-declined to complete survey

Techniques used to conduct survey: Formal Market Survey, email, and telephone.

Types of information requested: See page 4 for Survey Results .

Summary of information received: See page 4 for Survey Results .

Information received regarding the commerciality of the item(s): See page 3 for Survey Results ( ) was not conducted due to the unusual and compelling urgency of the requirement.

( ) was not conducted due to: .

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. DLA Land and Maritime-VE was contacted on 09/14/17 by email. responded on 09/14/17 and stated “there are no engineering projects on this NSN at this time.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) W.S. Darley DBA (Ohler Pumps) CAGE 00299 and JGB Enterprises CAGE 61125

11. The following actions are being taken to identify additional sources before any subsequent acquisitions are made: (If none, so state and explain why not.)

[ x ] The solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)

Market Research / Survey Summary Market Survey Results: Formal market surveys were sent out to five vendors (JGB, Supplycore, W.S. Darley Co (Ohler Pumps), Pioneer Industries, and Kampi). Two companies responded and completed the market survey, W.S Darley (Ohler Pumps) and JGB. Pioneer and Supplycore declined to compete the market research. W.S. Darley is the sole source OEM and JGB is a dealer. The results of the survey are as follows:

Ohler Pumps (W.S. Darley) 00299 A detailed market survey was conducted with of Ohler Pumps (W.S. Darley). The vendor’s survey responses and follow-on emails were completed and yielded the following data: Ohler Pumps is a Small Business manufacturer with approximately 18 employees located in Janesville, IA. Ohler Pumps is a division of W.S. Darley and W.S. Darley has 240 employees. Ohler Pumps has indicated an interest in participating in a long-term contract with DLA.

indicated that these items are not commercially available items. This is a sole source item with Ohler as the manufacturer. These NSNs are various items that mostly work with a refueling system or a decontamination system. See attachment #3 for the previous history.

stated that Ohler Pumps would be interested in participating in a

The previous LTC only has NSN 4320-01-547-8729 and has an expiration date of 08/21/18. The other NSNs are not currently on any LTC. Ohler Pumps stated this item does not require phased delivery. Ohler Pumps indicated that it

JGB Enterprises 61125

A detailed market survey was conducted with of JGB. The vendor’s survey responses and follow-on emails were completed and yielded the following data: JGB is a Small Business dealer with approximately 250 employees located in Liverpool, NY. JGB has indicated an interest in participating in a long-term contract with DLA.

indicated that these items are not commercially available items. This is a sole source item with Ohler as the manufacturer. See attachment #3 for the previous history.

stated that JGB would be interested in participating in a

NSN: See Pg 1

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.

ARCHIBALD.LORI.

Digitally signed by

ARCHIBALD.LORI.A.1230193190

_A_._1_2_3_0_1_9_3_1_9_0 D_a_te:_20_18_.0_1.3_0_11_:16_:3_4 _-05_'0_0'

Lori Archibald Date Contracting Officer

Approval/Certification

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)