REDACTED_J&A_SPE7MX-18-R-0071_-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-18-R-0071

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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 by restricting the manufacturing sources to the approved sources for these items.

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

Brief Description NSNs AMC AMSC QCC PLT PIC ADQ ADV Filter Element, Fluid 4330-00-191-2951 1 C DAA 150 2 29 Filter, Fluid 2910-00-467-2580 1 B EFA 173 1 109 Screen Assy, Transmission 1615-01-113-0220 3 B FAM 290 2 278 Filter Element, Fluid 1650-01-173-5506 1 C FCA 171 1 1,411 Element Assembly OI 2910-01-224-7438 3 C CAA 88 2 1,423 Filter Element 2915-01-256-6347 1 B FCA 90 2 255

Identify end items, weapon systems, or class of items: Helicopter, Engines, Aircraft, Tank, and Ships

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE):

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:

As confirmed by technical personnel, Pall Aeropower (60047), Purolator Facet, Inc. (90005), The Boeing Company (77272), Northrop Grumman Systems (76823), PTI Technologies Inc. (05228), ONTIC Engineering And (45934), Goodrich Corp (99551), Pall Aeropower (18350), Northrop Grumman Technical (0JRC1) and Bell Helicopter Textron Inc. (97499) are the only sources that possess the rights to the complete technical data needed to manufacture these items.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

CLIN NSN ITEM NAME UI APPROVED

CAGE SOURCE APPROVED

PART NUMBER

SIZE OF

BUSINESS

0001 4330001912951 FILTER ELEMENT, FLUI

EA 60047 PALL AEROPOWER

CORP SUB OF PALL AC2634E129X2 LARGE

90005 PUROLATOR FACET,

INC. 1744580 LARGE

0002 2910004672580 FILTER, FLUID 90005 PUROLATOR FACET,

INC. 054615-08 LARGE

0003 1615011130220 SCREEN ASSY, TRANSMISSION 77272

THE BOEING

COMPANY DBA

BOEING

145DS023-4 LARGE

90005 PUROLATOR FACET,

INC. 1736962-01 LARGE

1650011735506

FILTER, ELEMENT, FLUI

76823 NORTHROP

GRUMMAN SYSTEMS 2-43920 LARGE

05228 PTI TECHNOLOGIES

INC. 6656172 LARGE

0JRC1

NORTHROP

GRUMMAN

TECHNICAL

2-43920-3 LARGE

90005 PUROLATOR FACET,

INC. 033258-01 LARGE

2910012247438 ELEMENT ASSEMBLY OI

45934 ONTIC ENGINEERING

AND 2497757 LARGE

18350 PALL AEROPOWER

CORPORATION AC-9958F-810Y1 LARGE

90005 PUROLATOR FACET,

INC. 1742351 LARGE

99551 GOODRICH

CORPORATION DBA 2497757 LARGE

2915012566347 FILTER ELEMENT

97499 BELL HELICOPTER

TEXTRON INC. DBA 406-360-601-103 LARGE

18350 PALL AEROPOWER

CORPORATION AA-B706F-3K1T LARGE

90005 PUROLATOR FACET,

INC. 1742510-01 LARGE

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

(X) AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected drawing as defined by the current version of DoD-STD-100. Suitable technical data, Gov’t data rights, or manufacturing knowledge are not available to permit acquisition from other sources nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

NSNs:

The Product Specialist group reviewed and verified the AMC/AMSC code on 11/29/2017.

The limited availability of sources for an item coded with an AMSC of “B” are due to the increased level of criticality therein requiring a high degree of production and manufacturing fidelity. The AMSC provides simple and clear instruction to acquire the item directly from the identified manufacturer only. This does not prohibit dealers offering the approved part. The sources listed below are the only manufacturing source specified on the source control drawing, possessing the complete technical data for the item. The following is the source list: Purolator Facet, Inc. (90005), The Boeing Company (77272), and Bell Helicopter Textron Inc. (97499)

[X] AMSC C. This part requires engineering source approval by the design control activity in order to maintain 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 source to qualify in accordance with the design control activity’s procedures, AMCs 1 or 2 are valid.

NSNs:

The Product Specialist group reviewed and verified the AMC/AMSC code on 11/29/2017.

Because only Pall Aeropower (60047), Purolator Facet, Inc. (90005), The Boeing Company (77272), Northrop Grumman Systems (76823), PTI Technologies Inc. (05228), ONTIC Engineering And (45934), Goodrich Corp (99551), Pall Aeropower (18350), Northrop Grumman Technical (0JRC1) and Bell Helicopter Textron Inc. (97499) possess the complete technical data for the item listed, they are the only sources uniquely qualified to manufacture this item; Gigli Enterprises, Inc. (1CU83) JBL System Solutions, LLC (5WRH4) and Statz Corportion (3WGD1) are dealers that have previously supplied this item and; therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302.

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

(X) The acquisition was synopsized on March 7, 2018.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. This acquisition will include a 3-year base period with no option periods. Quantity ranges will be included for the five NSNs to allow offerors the opportunity to provide quantity price breaks. Past performance history will be reviewed, a price analysis will be performed, other than cost or pricing data may be required and negotiations will be conducted if necessary to ensure reasonableness.

8. Market Research/Efforts to Obtain Competition:

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

(X) A market research was conducted on/during on November 7, 2017, with follow-ups on April 10, 2018.

Total number of vendors contacted: 12.

Name of vendors contacted and responding: Northrop Grumman Technical (0JRC1), JBLS (5WRH4), Purolator Facet, Inc. (90005), UTC Aerospace System (99551), and Gigli (1CU83).

A Source Sought was posted on FedBizOpps on November 13, 2017 with a response date of November 20, 2017. The sources sought posting resulted on (0) additional companies expressing interest on this procurement.

A Synopsis was posted on March 7, 2018.

Techniques used to conduct survey: Market Research was emailed to the company. Types of information requested: The market survey requested the company to provide their stock delivery, state if the items are quantity sensitive, commercial, indicate the number of option years they would be willing to quote, asked if they would be willing to quote one destination zone, provide packaging requirements and if FOB Origin and Inspection/Acceptance at Destination would be acceptable if required. The Market Survey addressed fixed pricing, however; the contractor had the option to not accept fixed pricing and to state why with their response to the Market Survey.

The following responses were received:

Linmarr (1GX03) – POC: Govsales@Linmarr.com (702) 655-7800, did not respond to the market survey.

Northrop Grumman Technical (0JRC1) – POC: , esponded on April 11, 2018. They said based on all available information for Part No. 2-43920-3 (NSN 1650-01-173-5506) on your spreadsheet, we see that NGC has given the Government limited use data rights for re-procurement of the item. Therefore, we (0JRC1) will not bid nor enter into a long-term contract arrangement for the filter.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Statzcorp (3WGD1) – POC(s): and , did not respond to the market survey.

JBLS (5WRH4) – POC: , responded on April 10, 2018 and said they are a CVE Certified SDVOSB and they provide either PTI or Purolator; not Pall if we proceed as a SDVOSB Set-Aside.

PTI Technologies (05228) – POC: did not respond to the market survey.

Pall Aeropower Corp (18350) – POC: , did not respond to the market survey.

ONTIC Engineering and (45934) – POC(s): and did not respond to the market survey.

Northrop Grumman Systems (76823) – POC(s): and . responded on November 20, 2017 and said they would No Bid.

Purolator Facet, Inc. (90005) – POC:

responded on April 11, 2018 and also said that they quote through Gigli.

Large Business manufacturer, with approximately 175 employees.

Their parent company is Parker Hannifin Corp and they have approximately 57,000 employees.

They have a commercial distribution network, the dealers are not exclusive, are not linked to each, and cannot access each other’s inventory levels.

They are interested in pursuing a Long-Term Contract for all these items.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

The items are commercial, and they are not willing to provide any proof.

Bell Helicopter Textron (97499) – POC: Militarycontracts@bellhicopter.textron.com, did not respond to the market survey.

UTC Aerospace System (99551) – POC: , , responded on April 10, 2018.

said the only part for my cage (99551) is 2497757 NSN 2910012247438, which is now licensed to Ontic. They will be able to assist you with any procurement questions.

Gigli (1CU83) – POC:

(850-871-4777) responded and provided their market survey on November 15, 2017.

Women Owned Small Business Distributor/Dealer/Reseller manufacturer, with approximately 8 employees, and they prefer to deal with the Government.

Is interested in pursuing a Long-Term Contract for the item.

They do not have a parent company.

They do not have a commercial distribution network.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Information received regarding the commerciality of the item, the contractor stated the NSN 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 the rights to use technical data needed to purchase this part from additional sources are not owned by the Government and cannot be purchased. A technical and quality review was initiated by the SAPD Strategic Sourcing Specialists during the project development stage for this acquisition.

During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSN.

SAPD Tech performed a technical review verified the NSN and the AMC/AMSC code on 11/29/17.

(X) Vetting of the market survey was done through the sources sought in an attempt to obtain additional sources.

10. A listing of sources, if any, indicating an interest in the acquisition are: Gigli Enterprises (1CU83) and Purolator Facet, Inc. (90005) who will quote through Gigli Enterprises.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

11. These items are subject to the following methods of locating additional sources:

These items are subject to the following methods of locating additional sources: The solicitation contains Procurement Notes L04, Offers for Part Numbered Items, L22, Restriction of Alternate Offers for Source Controlled Items, and M06, Evaluation of Offers for Part Numbered Items.

12. The previous acquisition’s J&A was located. There was a note on Tech Certs being needed from DLA Aviation and DLA Troop Support for some of the NSN items. It also stated that once the tech certs were received they would be sent to the Competition Advocate for evaluation. If the tech certs were not received prior to time of award, those NSN would not be awarded. 11 NSNs were solicited and only eight were awarded. The other three were removed because of excessive stock on hand, being on an IDPO and direct vendor delivery.

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 $700,000.00 this signature serves as the approval.

BRANDY D. WARNER Phone Date Contracting Officer

I have reviewed and approve this justification. The estimated total contract maximum 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 the Contracting Activity (HCA)

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

614-692-5024 7-12-18

614-692-3760 11/27/18

WARNER.BRANDY

.DANIELLE.125189

Digitally signed by

WARNER.BRANDY.DANIELLE.1

251897880 Date: 2018.07.24 13:22:38 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2018.11.27 16:58:09 -05'00'