SPE7MX20R0015 - J&A for synopsis.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX20R0015

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 three-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/services required to meet the using activity’s needs are described as follows:

CLIN NSN Item Unit AAC AMC AMSC ADQ ADV

0001 2940002443610 FILTER,FLUID EA D 1 R 1,104

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

Weapon System

AIRCRAFT, EAGLE F-15

AIRCRAFT, AWACS, E-3A

AIRCRAFT, F-16

MISSILE, AIR LAUNCH CRUISE (ALCM) AGM-86B

SUPPORT EQUIPMENT, F-5 AIRCRAFT

SUPPORT EQUIPMENT, F-15 AIRCRAFT

SUPPORT EQUIPMENT, C-5 AIRCRAFT

SUPPORT EQUIPMENT, C-130 AIRCRAFT

AIRCRAFT, SOF (AC-130H, AC-130J, AC-130U, EC-130E, EC-130H, HC

ENGINE, AIRCRAFT TF33-PW-102 (C-135E, EC-135H/K/P)

ENGINE, AIRCRAFT TF33-P-3/5/9 (C/EC-135, B-52H)

AIRCRAFT, AIRLIFTER C-17A

SUPPORT EQUIP, C-17A AIRCRAFT

AIRCRAFT,B-2 BOMBER (ATB)

JOINT STARS TARGET RADAR SYSTEM

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (3 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 NAME PART NUMBER

13520 DONALDSON COMPANY, INC. 211-1214

14487 PROVISION, INC. 113033

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

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 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.

For NSN 2940002443610, 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. The Donaldson Company (13520) and Provision Inc.

(14487) are the only known source to possess the complete technical data for this item; therefore, they are the only sources uniquely qualified to manufacture this items and the only approved sources listed for this item. On October 7, 2019, the DLA Land and Maritime SAPD Product Specialist confirmed that the AMSC of R for this NSN is correct and validated the manufacturers and part numbers. The Government does not have a complete, unrestricted data package at this date and all means to obtain a technical data package adequate for manufacture of this 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 will be synopsized 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) o Dealers of the manufacturers will be solicited.

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 companies 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. The contract maximum value falls under the Truth in Negotiations Act (TINA) threshold of $2M; therefore, cost or pricing data is not required. Price analysis and buy history will be used to determine contract award prices fair and reasonable

8. Market Research/Efforts to Obtain Competition: a sources sought notice was posted on 10/16/19 and closed on 10/22/19, and there were no responses to this post. The Sourcing Strategy Specialists (SSS) sent out the market surveys on 8/15/19 to the following companies: Provision Inc. (14487), Seal Dynamics (5N582), FBC Enterprises (5ZD19), SIT Corporation (1MQB3), Martin Military (1WZZ2), and Donaldson (13520). The Contracting Officer contacted the manufacturer and their authorized distributor for market research. The market survey asked information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones.

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

A summary of the responses received is below:

1. Provision Inc. (14487)

Sales & Contract Administrator / www.provisionincorp.com

Provision, Inc. / 5995 Washington Street / Building 10 / Denver, CO 80216 / Main: 303-308-7812

Responded on 10/10/19, “It is with regret that I inform you that we will not be participating on this one.

We are no longer able to source the filter element that is needed to manufacture these.”

2. Seal Dynamics (5N582)

Manager, Government & Military Sales Seal Dynamics, 2 Adams Avenue, Hauppauge, NY 11788, USA

- Large business dealer

- Would provide part of Donaldson (13520)

- Item not commercial

3. FBC Enterprises (5ZD19)

480.442.0270 office 314.229.4657 office

- SDVOSB dealer

- Would provide part of Donaldson (13520)

- Item not commercial

4. Donaldson (13520)

Market survey was sent by SSS on 8/15/19. The buyer sent a follow-up on 10/10/19 and no response was received. The buyer sent an email to at Donaldson on 10/15/19 and he responded that their Government account manager is and copied her on the email. The buyer sent follow-up emails to 10/17/19 and 10/23/19 and there has been no response received.

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

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) Seal Dynamics (5N582) and FBC Enterprises (5ZD19)

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 SPM7L3-11-D-0010 and was able 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.12518978

Date: 2019.11.13 10:28:24 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.11.19 13:46:32 -05'00'