J&A-_SPE7MX18RX046.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [SPE7MX18RX046]

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

(AUG 2016)

[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:

CLIN NSN ITEM UNIT AMC AMSC ADQ ADV

0001 4320014391359 PUMP,CENTRIFUGAL EA 3 D 11

0002 4820014507590 PARTS KIT,VALVE KT 3 C 348

0003 6665001400886 DETECTOR TUBE,SHORT BX 3 P 4,410

0004 6665007690943 TUBE,GAS DETECTOR BX 3 Z 6,010

0005 6665007690944 TUBE,GAS DETECTOR BX 3 Z 2,870

0006 6665007690945 TUBE,GAS DETECTOR,C BX 3 Z 25,320

0007 6665007690949 TUBE,GAS DETECTOR BX 3 Z 31,100

0008 6665007690951 TUBE,GAS DETECTOR BX 3 D 10,680

0009 6665007690954 DETECTOR,GAS BX 3 P 1,950

0010 6665007690959 TUBE,GAS DETECTOR BX 3 D 24,200

0011 6665010107958 TUBE,GAS DETECTOR BX 3 D 3,830

0012 6665010107959 TUBE,GAS DETECTOR BX 3 D 21,790

0013 6665010107960 TUBE,GAS DETECTOR BX 3 D 5,860

0014 6665010107961 DETECTOR,HYDROGEN S BX 3 D 15,870

0015 6665010107962 TUBE,GAS DETECTOR BX 3 D 3,670

0016 6665010107963 TUBE,GAS DETECTOR BX 3 P 20,360

0017 6665010107965 TUBE,GAS DETECTOR BX 3 D 12,700

0018 6665010107966 TUBE,GAS DETECTOR BX 3 D 17,680

0019 6665010107974 TUBE,GAS DETECTOR BX 3 D 7,660

0020 6665010736527 TUBE,TOLUENE BX 3 P 1,760

0021 6665011029485 TUBE,ETHYLENE OXIDE BX 3 D 8,500

0022 6665013841508 TUBE,HYDROCARBON 2 BX 3 C 15,380

0023 6665013955213 DETECTOR,GAS BX 3 C 8,320

0024 6665014585590 TUBE,TOLUENE BX 3 Z 5,760

0025 6665014616674 DETECTOR TUBE BX 3 D 10,870

0026 6665014616678 DETECTOR TUBE BX 3 D 11,990

0027 6665015155502 DETECTOR,GAS EA 3 C 113

0028 6665015156752 DETECTOR,GAS BX 3 R 8,340

0029 6665016445591 DOSING INSERT EA 3 P 9

Identify end item, weapon system, or class of item: The NSNs on this acquisition support a broad variety of weapons systems used by the Navy customer such as: Arleigh Burke Class DDG, Avenger Class MCM, Blue Ridge Class LCC-19, Damage Control Equipment, DDG-1000 Zumwalt Class Destroyer, Landing Craft Air Cushion (LCAC), Littoral Combat Ship, Submarine Auxiliary and Miscellaneous System.

ESTIMATED ANNUAL DEMAND VALUE:

ESTIMATED TOTAL VALUE (3 YEAR BASE):

MAXIMUM CONTRACT VALUE:

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

(AUG 2016)

SOLICITATION [SPE7MX18RX046]

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:

CLIN NSN ITEM CAGE PART

0001 4320014391359 PUMP,CENTRIFUGAL 6L622 6400000

0002 4820014507590 PARTS KIT,VALVE 6L622 4054795

0003 6665001400886 DETECTOR TUBE,SHORT 6L622 4523105

0004 6665007690943 TUBE,GAS DETECTOR 6L622 4523108

0005 6665007690944 TUBE,GAS DETECTOR 6L622 4523107

0006 6665007690945 TUBE,GAS DETECTOR,C 6L622 4523123

0007 6665007690949 TUBE,GAS DETECTOR 6L622 4523120

0008 6665007690951 TUBE,GAS DETECTOR 6L622 4523124

0009 6665007690954 DETECTOR,GAS 6L622 4523116

0010 6665007690959 TUBE,GAS DETECTOR 6L622 4523118

0011 6665010107958 TUBE,GAS DETECTOR 6L622 4523122

0012 6665010107959 TUBE,GAS DETECTOR 6L622 4523126

0013 6665010107960 TUBE,GAS DETECTOR 6L622 4523127

0014 6665010107961 DETECTOR,HYDROGEN S 6L622 4523110

0015 6665010107962 TUBE,GAS DETECTOR 6L622 4523121

0016 6665010107963 TUBE,GAS DETECTOR 6L622 8103631

0017 6665010107965 TUBE,GAS DETECTOR 6L622 4523102

0018 6665010107966 TUBE,GAS DETECTOR 6L622 4523128

0019 6665010107974 TUBE,GAS DETECTOR 6L622 4523119

0020 6665010736527 TUBE,TOLUENE 6L622 4523104

0021 6665011029485 TUBE,ETHYLENE OXIDE 6L622 4523101

0022 6665013841508 TUBE,HYDROCARBON 2 6L622 4523117

0023 6665013955213 DETECTOR,GAS 6L622 4523106

0024 6665014585590 TUBE,TOLUENE 6L622 4523103

0025 6665014616674 DETECTOR TUBE 6L622 4523114

0026 6665014616678 DETECTOR TUBE 6L622 4523113

0027 6665015155502 DETECTOR,GAS 6L622 6728041

0028 6665015156752 DETECTOR,GAS 6L622 4523115

0029 6665016445591 DOSING INSERT 6L622 6535231

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 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.

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

(AUG 2016)

NSN

4820014507590 6665013841508 6665013955213 6665015155502

For these four items, Drager Inc. (6L622) is the only source currently approved by the design control activity.

They are the only known source to possess the requisite rights to technical data for these items and only known approved source for these items. The Strategic Acquisition Programs Directorate (SAPD) Product Specialist reviewed and confirmed the AMSC on 4/20/18.

[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.

NSN

4320014391359 6665007690951 6665007690959 6665010107958 6665010107959 6665010107960 6665010107961 6665010107962 6665010107965 6665010107966 6665010107974 6665011029485 6665014616674 6665014616678

For these 14 items, the Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data. Drager Inc. (6L622) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs. The SAPD Product Specialist reviewed and confirmed the AMSC on 4/20/18.

[X] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data.

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.

NSN

6665001400886 6665007690954 6665010107963 6665010736527 6665016445591

(AUG 2016)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [SPE7MX18RX046]

For these five items, the Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data. Drager Inc. (6L622) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs. The SAPD Product Specialist reviewed and confirmed the AMSC on 4/20/18.

[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.

NSN

6665015156752

The Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data for this NSN. Drager Inc. (6L622) is the only source known to own or possess the technical data necessary to manufacture this item and only approved source listed for this NSN.

[X] AMSC Z. This part is a commercial/non-developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

NSN

6665007690943 6665007690944 6665007690945 6665007690949 6665014585590

For these items, commercial item descriptions, commercial vendor catalog or price lists, or commercial manuals apply, however, Drager Inc. (6L622) is the only approved source for each NSN. None of these items appear on an interchangeable catalog or a commercial cross reference list.

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

[X] The acquisition will be synopsized on or about July 2018.

[X] Dealers of the manufacturers will be solicited.

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

Cost or pricing data is not required per FAR 15.402-1 (b)(3). These items will be solicited in accordance with FAR 13.5- Commercial Test Program for Certain Items. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. The Contracting Officer will use price analysis for comparison of the quotes received to the past acquisition histories and movement of the Produce Price Index (PPI).

(AUG 2016)

SOLICITATION [SPE7MX18RX046]

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice was issued on 9/14/17, with a closing date of 9/21/18, and there were no responses received. On 9/13//17, market surveys were sent to the following companies:

COMPANY NAME CAGE

DRAEGER SAFETY 53833

FEDERAL RESOURCES SUPPLY COMPANY 1Q3Z9

AM-MAC INC 0VW10

SZY HOLDINGS 0AG09

PREMIER SAFETY & SERVICE 1R4X7

KAMPI COMPONENTS 7Z016

SAIC 79343

DRAEGER INC 6L622

S I T CORP 1MQB3

SIMCO SUPPLY 45WH9

ATLANTIC DIVING SUPPLY 1CAY9

MALLORY CO 3U221

TQM, LLC 0ZSM5

ALL SAFE INDUSTRIES 1FZK7

UTECH PRODUCTS 1CNM2

JGB ENTERPRISES 61125

FALCON SCIENTIFIC 66VN0

EQUS LOGISTICS 5URY2

There was only two responses received from Draeger and Utech. Utech said they are not an authorized dealer and cannot compete for these items.

Draeger Inc. (6L622):

Large Business manufacturer, with a preference to deal with the Government.

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

Items are commercial: stated “Draeger's Detector Tubes are commercial products.

(AUG 2016)

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. A technical review was completed by the SAPD Product Specialist on 4/20/18.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Draeger Inc. (6L622)

11. This item is subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 Offers for Part Numbered Items.

12. The buyer searched the previous awards listed in the contract history in Records Management in EProcurement for previous J&A’s, as required by DFARS PGI 206.304, and the J&A for contract SPM7MX13D0099 was located.

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. The estimated total contract maximum value of the J&A is

Competition Advocate Signature & Date

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897

Date: 2018.06.28 07:01:23 -04'00'

HOPSON.LILLI.A.123

0127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2018.07.12 10:31:00 -04'00'