JA_SPE7MX19R0026_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX19R0026

DLA Land & Maritime Justification for Other Than Full & Open Competition (March | 2014) P a g e | 1

(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. DLA Land and Maritime requests approval on other than a full and open competition basis. This DLA Land and Maritime acquisition is an Indefinite Delivery Contract (IDC). There are two approved sources of supply for this NSN. The action being approved is for the acquisition of supplies on an other than full and open competition basis.

3. The required supplies are as follows:

BRIEF DESCRIPTION NSN/P/N

ANNUAL

DEMAND

QUANTITY

EST.

ANNUAL

DEMAND AMC AMSC

FILTER ELEMENT,FLUID 4330 - 014787542 1147 2 R

3 Year Base Estimated Value = 5 Year Total Estimated Value = Contract Maximum =

The proposed action is for the solicitation and award of a five-year, Firm-Fixed-Price, Indefinite Delivery Contract utilizing FAR Part 15.

Identify end item, weapon system, or class of item:

This NSN is tied to the Aircraft, Airlifter C-17A, which commonly performs tactical and strategic airlift missions, transporting troops and cargo throughout the world; used by the U.S. Air Force.

4. The statutory authority permitting other than full and open competition is:

(X) 10 U.S.C. 2304(c)( l ) - Available from only one or a limited number of sources.

5. Acquisition is restricted only to the following source(s) of supply for item: BRIGHTON CROMWELL LLC (3NXX8), and PACIFIC CONSOLIDATED INDUSTRIES (75906).

The use of the authority cited on:

[X] AMC 2. Suitable for competitive acquisition for the first time.

[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.

[X] Other: Per the approved manufacturer part list available for this NSN in SAP, only BRIGHTON CROMWELL LLC (3NXX8), and PACIFIC CONSOLIDATED INDUSTRIES (75906) have been identified by the Government as having the complete technical dataset and appropriate manufacturing expertise to supply this NSN to DLA and the using military service. WSIC for this item is F, indicating that failure of the item will render the end item inoperable. Therefore offers must be limited to only those items manufactured by the approved sources identified by the design control activity. Last technical review of this item by SAPD Product Specialist was conducted in 8/13/18; no additional sources beyond the sources in the AMPL were identified at that time, and did not disclose any additional sources.

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

[X] The acquisition was synopsized on 12/21/18.

DLA Land & Maritime Justification for Other Than Full & Open Competition (March | 2014) P a g e | 2

[X] OEMs and dealers of the manufacturers will be solicited.

[X] Other: Sources Sought notice posted to FedBizOps on October 26, 2018. In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

This will be a five-year, firm fixed price, indefinite delivery indefinite quantity type contract. The five-year period is inclusive of one three-year base period, and two separately priced one-year option periods. As such, the price analysis for future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Sourcing Strategy team's Contract Specialist also researched the procurement history for the item on the proposed solicitation and emailed each of the suppliers that still had a valid registered CAGE.

Sources Sought Notice:

On 10/26/18, a Sources Sought notice was posted to www.fbo.gov, which also contained an attached market survey.

The date of return referenced on the sources sought notice was 11/9/18. As of 11/9/18, no additional sources responded to the notice.

Market Research Conclusion:

A market survey was conducted on: 10/10/18 - 12/21/18

Total number of vendors contacted: 7 Brighton Cromwell LLC (3NXX8), Pacific Consolidated Industries (75906), Integrated Procurement Technologies (IPT) (4K0V2), JE Hurley (37P58), JBL System Solutions LLC (5WRH4), Comperipherals, Inc. (1JZF1), and AM-MAC, Inc., (0VW10).

Names of vendors responding: Brighton Cromwell (3NXX8) and IPT (4K0V2).

Techniques used to conduct survey: E-mail, Sources Sought notice, and market surveys.

Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

A summary of market research was provided along with the project package on October 2, 2018 by the Sourcing Strategy Branch ZAA. Seven sources were contacted: Brighton Cromwell LLC (3NXX8), Pacific Consolidated Industries (75906), IPT (4K0V2), JE Hurley (37P58), JBL System Solutions LLC (5WRH4), Comperipherals, Inc. (1JZF1), and AM-MAC, Inc., (0VW10). Two sources responded: Brighton Cromwell (3NXX8) and IPT (4K0V2).

DLA Land & Maritime Justification for Other Than Full & Open Competition (March | 2014) P a g e | 3

Summary of information received:

Brighton Cromwell, LLC (3NNX8) Small Manufacturer with a preference to do business with the government 60 employees They do not have a Parent Company

Long-Term Contract (LTC) Yes

Integrated Procurement Technologies (4K0V2) Small/Distributor/Dealer/Reseller with a preference to do business with the government As a Small Business they have provided the referenced item(s) to a DLA Supply Center (e.g. Land & Maritime), or any other DoD Contracting Activity? Yes Are you independent from the OEM? Yes If you are a Dealer/Distributor are you independent from the OEMs? Yes Based on sources listed in the Market Research Spreadsheet, list the OEMs that you are independent from: PCI. PCI is an approved source, indicating they will offer product exact product.

Long-Term Contract (LTC) Yes

Information received regarding the commerciality of the item(s): The technical community has recommended the contracting officer determine the item non-commercial. Brighton Cromwell, LLC (3NNX8) provided completed market survey considering the item non-commercial. On 12/6/18, Buyer received Pricing Case Report 19-052 recommending based on the lack of technical information this item non-commercial. (Attachment #1). This particular NSN is not listed on any GSA Federal Supply Schedules. Lastly, all Google results for this NSN were tied to Government information sources. Item is therefore determined non-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 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. (Attachment#2).

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Brighton Cromwell (3NXX8) and Integrated Procurement Technologies (4K0V2).

11. The following actions are being taken to identify additional sources before any subsequent acquisitions are made:

DLA Land & Maritime Justification for Other Than Full & Open Competition (March | 2014) P a g e | 4

[x] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive. DLAD Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Part Numbered Items, will be included in solicitation.

12. The previous acquisition SPE7MC19V0896 was a one-time small buy; a justification and approval was not required.

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.

Carol M. Bucher, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification.

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

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

Attachments:

1) Pricing Case Report 19-052

2) Technical Cert

01/10/2019

Digitally signed by

BUCHER.CAROL.M.1267565690

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=BUCHER.CAROL.M.1267565690

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.01.16 08:36:54 -05'00'