J&A6.302-1cSPE7MX18R0094_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX18R0094

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[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.

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

The subject solicitation is a 5-year IQC project. This item is manufactured by Plasan North America CAGE 535V1.

NSN 2040-01-602-8043 is a “STANCHION, DECK RAILING” that is used on elevators on ships/aircraft carriers.

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:

PLASAN NORTH AMERICA, INC. CAGE 535V1

The use of the authority cited below:

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

The use of the authority cited is based on:

[ X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

ICP NSN AMC/AMSC Est. ADV DLA Land & Maritime 2040-01-602-8043 3/R

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

Only Plasan North America CAGE 535V1 possesses the necessary data and legal rights to the data to manufacture the NSNs listed on this project. A technical review was completed on 09/13/17.

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.

[ ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] Other. A sources sought notice was posted to FedBizOps on 04/20/17 with a closing date of 04/28/17. No responses were 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 of previous procurement pricing. Other than certified data will be requested to support pricing, if needed. Based on market research, this is sole source to Plasan, with no dealer involvement. The contract length will be 5 years based on the information obtained during market research.

8. Market Research/Efforts to Obtain Competition:

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. A review of the previous history shows that all previous procurements were under the Simplified Acquisition Threshold (SAT), therefore there is no previous J&A to review.

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

A market survey was conducted on/during _04/01/17-08/21/2018.

Total number of vendors contacted: 2

Names of vendors contacted and responding:

-PLASAN NORTH AMERICA CAGE 535V1-OEM for this item. Stated they were interested in participating in a LTC with DLA.

-KASAK COMPOSITES INC. CAGE 03QJ2-listed also as an approved source. No response.

Research shows that the company has went out of business. The Plasan representative states that Plasan bought Kazak a few years ago and absorbed the company, so it no longer exists. The project was sent to the Product Specialist for review on 07/11/18. The Product Specialist removed Kazak as a source.

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

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

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 4 for Survey Results

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 07/05/18 by email. Jeff Culbertson responded on 07/05/18 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) Plasan North America CAGE 535V1.

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

[ X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)______________________________________________________________________

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

Market Survey Results

Two companies were contacted through email with formal market surveys. Plasan North America CAGE 535V1 and Kazak Composites CAGE 03QJ2. Plasan responded that they were interested in this project. A representative for Plasan stated that Plasan bought Kazak a few years ago and absorbed the company, so it no longer exists.

Plasan states that this item is not commercial.

Plasan is a large business and is the sole OEM. Plasan North America has approximately 70 employees, but has a parent company (Plasan Sasa) with approximately 1,262 total employees.

Plasan is interested in a LTC and

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

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

Head of the Contracting Activity (HCA) Date Signature

DLA General Counsel Date Signature

Senior Procurement Executive (AQ) Date Signature

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

[ ] $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) (DLA General Counsel signature line required when sending to AQ)

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2018.09.07 15:35:05 -04'00'