SPE7MX19R0165 - JA for synopsis.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX19R0165

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

[X] ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This indefinite quantity contract (IQC) solicitation shall be a firm fixed price (FFP) long-term contract (LTC) which includes a five-year base period.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

CLIN NSN Item Unit AAC AMC AMSC ADQ ADV

0001 4810012390973 VALVE,SOLENOID EA D 1 P 347

Identify end item, weapon system, or class of item: MISSILE, VEHICLE MOUNTED STINGER (AVENGER)

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (5 YEAR 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:

CAGE COMPANY PART NUMBER

15090 RAYTHEON COMPANY 481-200211-002

99657 MAROTTA CONTROLS, INC. 283679-9002

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

[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.

On July 3, 2019, the DLA Land and Maritime Product Specialist confirmed that the AMSC of P is correct and validated that Marotta Controls (99657) and Raytheon (15090) are the only approved sources. The Product Specialist confirmed that the rights to use the data needed to purchase this part from additional sources are not owned by the Government and cannot be purchased. They also stated we do not have a complete, unrestricted data package at this date and all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

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

o A sources sought notice was issued on Fed Biz Ops for a minimum period of five business days.

o The acquisition was synopsized on October 1, 2019 for a period of 15 days.

o Market research was conducted to obtain interest in the acquisition.

o Solicitation will be posted on Fed Biz Ops and the DLA Internet Bid Board System (DIBBS)

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

Contracting Officer’s determination that the NSN will not be solicited commercial. Market research was conducted in regards to the commerciality of the item and the manufacturer that responded has indicated that the item is not commercial. The item is made for the purpose of government use and no evidence of sale in the commercial marketplace was found. The item is not available on the General Services Administration (GSA) Advantage website. The previous procurements were non-commercial. The NSN will be solicited under FAR 15- Contracting by Negotiation. Adequate competition is not expected; therefore, it is anticipated certified cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. In addition to any audit completed, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable. In the event manufacturer competition is received, this will be used along with price analysis and buy history to determine that the contract award prices are fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted by the Sourcing Strategy Branch of the Strategic Acquisition Programs Directorate (SAPD). A sources sought notice along with the market survey was posted on August 29, 2017, on the Federal Business Opportunities (FBO) website in order to seek out and encourage additional sources and vendor participation. The sources sought notice closed on September 7, 2017, and there were no responses received to this notice. The Sourcing Strategy Specialists (SSS) sent out the market survey on August 28, 2017, to Marotta Controls and the Raytheon Company. Marotta responded on 9/11/17, that they were interested in participating in an LTC and needed additional time to complete the survey. Follow-up emails were sent out on March 3, 2018 to Marotta Controls and the Raytheon Company. Another sources sought and market survey was posted on August 27, 2019, with a closing date of September 3, 2019, and there was one response received from Megabite - Electronics. A follow-up email was sent on August 27, 2019, to Marotta Controls since they were the only approved source to show an interest in quoting. Although Raytheon did not respond to the last two requests nor provided this item in procurement history, the buyer sent a follow-up email was sent to Raytheon on October 3, 2019, to see if they were interested in participating. If they respond, the buyer will ensure they get a copy of the solicitation.

The following summarizes the responses received:

Marotta Controls (99657)

9/18/19- another phone discussion with Marotta on the number of base/option years. Marotta confirmed they would prefer a base period.

9/17/19- phone discussion with Marotta on the number of base/option years, minimum order quantities, etc.

9/6/19- received market survey from Marotta o Small business manufacturer o o Item is not commercial o

Megabite Electronics (045V4)

Distributor of Air Dry Company of America (01496)

8/28/19- received email stating, “We represent Air Dry Company of America (01496) located in Paso Robles, California. This factory is a DLA source of similar solenoids and valves for almost 50 years. (Ex. 4810-01-127- 1594; 4810-01-144-5761; 4810-01-145-6690).” They said in order to verify if they can be a source, they would need a copy of the drawings or specs to review. On 8/28/19, the buyer responded to Megabite that the Government buys this item in accordance with approved part numbers and does not have data available for the evaluation of alternate offers. Any alternate offeror must provide a complete data package including data for the approved and alternate part for evaluation.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Marotta Controls (99657)

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

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 was not able to locate any previous J&As for the large purchases. The buyer checked RM for the previous LTC SPM7MX-12-D-0150, but was unable to locate the J&A.

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.

BRANDY WARNER, Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The total contract maximum value of this J&A is $

Competition Advocate Signature

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

Date: 2019.10.04 09:38:37 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.10.04 12:30:05 -04'00'