JA_18R0087_2_Nov_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-18-R-0087

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

[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 full and open competition basis.

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

BRIEF DESCRIPTION NSN ADQ ADV AMC/AMSC

Approved Cage/Part Number

Filter, Element, Intake 2940-01-526- 5483 5,095 3/C

CAGE 18264

Part Number

P548781

Identify end item, weapon system, or class of item: Rocket Launcher (3OM), BAE/AH-CAT MRAP (MBA)

ESTIMATED BASE VALUE:

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. There is one Approved Sources for this NSN: Donaldson Company, Inc. (18265) Part Number P548781

The WebFlis database as well as AMPL were researched to determine all approved sources and part numbers. The only known and approved source is the source listed above. The approved part number is P548781 (Cage 18265).

Donaldson Company, Inc. is the only approved source and owns all rights, manufacturing knowledge and technical data. Adequate data for evaluation of alternate offers is not available at the procurement agency. The offeror must provide a complete data package including data for the approved and alternate part for evaluation.

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

CAGE 18264.

6. The use of the authority cited below:

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

The use of the authority cited is based on:

[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.

In accordance with FAR 6.303-2(c) supporting data that is the responsibility of technical personnel has been certified as complete and accurate by the technical personnel. The above AMC/AMSC codes have been approved with the Product Specialist as complete and accurate as of April 30, 2018.

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

[X] The acquisition was synopsized on March 15, 2018 and amended on May 29, 2018.

[X] The acquisition will be solicited on DIBBs for a minimum of 30 days.

[X] A Sources Sought was posted to FBO from February 26, 2018 through March 5, 2018.

[X] Dealers of the manufacturer will be solicited.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition.

9. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on February 26, 2018, one response was received from

In addition to the sources sought, market surveys were sent to 4 distributors as well as the approved source Donaldson Company.

Brighton Cromwell (3NNX8) and Drive Line (0GE52) expressed interest in a 1 year contract. Kampi Components stated that they were no longer able to obtain quotations from The Donaldson Company as they are not an authorized dealer. The Donaldson Company responded to market research inquiries and stated that they could only offer their distributors stable pricing for one year, they also stated that they preferred to provide the product via their distributors.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers and the approved source. Phone calls were also made in instances where emails were not returned.

Information received regarding the commerciality of the item(s):

The Approved Source, Donaldson Company stated that this item is not commercial as the products were designed specifically for the Government vehicle that they go on, so they are not COTs, they are built to order. Donaldson also stated that this NSN is not built on the same production lines as their other commercial items. The DCMA Commercial Item Group as well as the BP Pricing Office were contacted to assist with determining commerciality.

Both offices compiled two reports that stated this NSN is not a commercial. This NSN was deemed noncommercial as the part is not available for sale in the public marketplace and the inability to gather contractor information about the part numbers. The DCMA Engineering Analysis Report states that the non-commerciality finding can be reexamined if Donaldson is willing to provide detailed specifications to review for, fit, and function.

10. 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.

11. A listing of sources, if any, indicating an interest in the acquisition is: Brighton Cromwell (3NNX8), Drive Line (0GE52).

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

[X] Solicitation contains L&M Proc Note 217-9023 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE

CONTROLLED ITEMS (APR 2017).

13. See Attachment 1 for the prior Justification for Other Than Full and Open Competition.

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

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)

Attachment:

Attachment 1 – Prior J&A

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2018.06.19 08:53:11 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.06.26 11:24:55 -04'00'