SPE7MX20R0084-JA-FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-20-R-0084

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 - FOR OFFICIAL USE ONLY

[ 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/services 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:

27 NSNs produced by Draeger, Inc. CAGE 6L622 as listed in Attachment 1.

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.

NSNs may be added to the subsequent contract per the scope of this action which states: In addition to the NSNs specified in the proposed solicitation, the scope of this contract includes all DLA and DOD managed NSNs for which Draeger Inc. (6L622) is the sole source. NSNs within this scope may be added to any resulting contract at a later date. The solicitation will include Procurement Note L27- Addition/Deletion of Items to facilitate the addition of any future NSN.

ESTIMATED YEARLY VALUE:

TOTAL ESTIMATED CONTRACT VALUE (5 Years):

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: all listed items are Sole-

Sourced to Draeger, Inc. (6L622) (Draeger). (See Attachment 2)

Only Draeger, the OEM of these items, has the technical data, data rights, and manufacturing knowledge necessary to manufacture this group of sole source NSNs. The technical information was validated by the appropriate Product Specialists during the project review completed February 5, 2020.

The use of the authority cited below:

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

Attachment 1 details the use of the authority cited for each specific NSN’s AMSC Code:

AMSC C – 3 NSNs

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.

For these items, Draeger 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.

AMSC D – 13 NSNs

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.

For these 13 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. Draeger Inc. (6L622) is the only source to possess the complete technical data for these items; therefore, the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

AMSC P – 5 NSNs

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.

For these five items, the Government has the data but does not own the rights to the data. The Government cannot purchase, develop, or otherwise obtain the data. Draeger Inc. (6L622) is the only source to possess and own the complete technical data for these items; therefore, the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

AMSC R – 1 NSN

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.

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. Draeger 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.

AMSC Z – 5 NSNs

This part is a commercial/nondevelopmental/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).

For these items, commercial item descriptions, commercial vendor catalog or price lists, or commercial manuals apply, however, Draeger Inc. (6L622) is the only approved source for each NSN.

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

[ X ] The acquisition will be synopsized on or about March/April 2020 for 15 days prior to solicitation opening. At the end of the synopsis period, this action will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[ X ] The manufacturer will be solicited.

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, to include the analysis of other than cost or pricing data which may take the form of invoices of commercial sales, pricelists, should-cost analysis, and/or GSA pricing.

8. Market Research/Efforts to Obtain Competition:

Market research efforts included:

The market research efforts consisted of posting a Sources Sought notice, reviewing the previous procurement for the listed items (Contract SPE7MX18D5013), conducting GSA schedule searches for the solicitation’s items, and contacting the source of supply, Draeger (6L622).

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

[ X ] A market survey was conducted between January 2020 and March 2020.

Total number of vendors contacted: 1.

Names of vendors contacted and responding: Draeger.

Techniques used to conduct survey: Email.

Types of information requested: See Below.

Summary of information received:

A Sources Sought notice was posted on March 12, 2020. No information has been received in response to the Sources Sought notice.

The Contracting Officer reviewed the file for Contract SPE7MX18D5013 (5013) and discovered the Contracting Officer for Contract 5013 determined each of these items to be commercial items.

The Contracting Officer searched the GSA website for the solicitation’s NSNs. The Contracting Officer was able to locate all 27 of the solicitation’s items on the GSA website under the Draeger part number.

[ 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: Draeger, Inc. CAGE 6L622.

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 previous purchases of these items were made under long term contract SPE7MX18D5013. The J&A is attached.

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

GRIFFIN.BRET

.J.1251897782

Digitally signed by

GRIFFIN.BRET.J.1251897782

Date: 2020.04.23 15:48:27 -04'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Date

Head of the Contracting Activity (HCA) Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ X ] $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)

Attachments:

1 – NSN Listing 2 – Approved Source Listing 3 – Technical Certification

4 – J&A SPE7MX18D5013

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.04.30 13:16:35 -04'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.104117

Date: 2020.04.30 13:26:45 -04'00'

CLIN NSN ITEM NAME AMC AMSC

EST.

YEARLY

QTY

EST. ANNUAL

VALUE

EST. TOTAL

CONTRACT

QTY

EST. TOTAL

CONTRACT

VALUE

0001 6665001400886 DETECTOR TUBE,SHORT 3 P 5640

0002 6665007690943 TUBE,GAS DETECTOR 3 Z 7590

0003 6665007690944 TUBE,GAS DETECTOR 3 Z 5310

0004 6665007690945 TUBE,GAS DETECTOR,C 3 Z 50360

0005 6665007690949 TUBE,GAS DETECTOR 3 Z 45500

0006 6665007690951 TUBE,GAS DETECTOR 3 D 18970

0007 6665007690954 DETECTOR,GAS 3 P 2060

0008 6665007690959 TUBE,GAS DETECTOR 3 D 33000

0009 6665010107958 TUBE,GAS DETECTOR 3 D 2370

0010 6665010107959 TUBE,GAS DETECTOR 3 D 36740

0011 6665010107960 TUBE,GAS DETECTOR 3 D 3470

0012 6665010107961 DETECTOR,HYDROGEN S 3 D 21960

0013 6665010107962 TUBE,GAS DETECTOR 3 D 3370

0014 6665010107963 TUBE,GAS DETECTOR 3 P 27850

0015 6665010107965 TUBE,GAS DETECTOR 3 D 13710

0016 6665010107966 TUBE,GAS DETECTOR 3 D 26400

0017 6665010107968 TUBE,GAS DETECTOR 3 P 1150

0018 6665010107974 TUBE,GAS DETECTOR 3 D 15700

0019 6665010736527 TUBE,TOLUENE 3 P 3360

0020 6665011029485 TUBE,ETHYLENE OXIDE 3 D 9940

0021 6665013841508 TUBE,HYDROCARBON 2 3 C 27010

0022 6665013955213 DETECTOR,GAS 3 C 11180

0023 6665014585590 TUBE,TOLUENE 3 Z 10640

0024 6665014616674 DETECTOR TUBE 3 D 7950

0025 6665014616678 DETECTOR TUBE 3 D 10130

0026 6665015155502 DETECTOR,GAS 3 C 180

0027 6665015156752 DETECTOR,GAS 3 R 10280

Totals 411820

Page 1 of 1 SPE7MX20R0084 - JA Attachments Attachment 1

CLIN NSN CAGE PART NUM COMPANY

0001 6665001400886 6L622 4523105 DRAEGER, INC.

0002 6665007690943 6L622 4523108 DRAEGER, INC.

0003 6665007690944 6L622 4523107 DRAEGER, INC.

0004 6665007690945 6L622 4523123 DRAEGER, INC.

0005 6665007690949 6L622 4523120 DRAEGER, INC.

0006 6665007690951 6L622 4523124 DRAEGER, INC.

0007 6665007690954 6L622 4523116 DRAEGER, INC.

0008 6665007690959 6L622 4523118 DRAEGER, INC.

0009 6665010107958 6L622 4523122 DRAEGER, INC.

0010 6665010107959 6L622 4523126 DRAEGER, INC.

0011 6665010107960 6L622 4523127 DRAEGER, INC.

0012 6665010107961 6L622 4523110 DRAEGER, INC.

0013 6665010107962 6L622 4523121 DRAEGER, INC.

0014 6665010107963 6L622 4523800 DRAEGER, INC.

0015 6665010107965 6L622 4523102 DRAEGER, INC.

0016 6665010107966 6L622 4523128 DRAEGER, INC.

0017 6665010107968 6L622 4523111 DRAEGER, INC.

0018 6665010107974 6L622 4523119 DRAEGER, INC.

0019 6665010736527 6L622 4523104 DRAEGER, INC.

0020 6665011029485 6L622 4523101 DRAEGER, INC.

0021 6665013841508 6L622 4523117 DRAEGER, INC.

0022 6665013955213 6L622 4523106 DRAEGER, INC.

0023 6665014585590 6L622 4523103 DRAEGER, INC.

0024 6665014616674 6L622 4523114 DRAEGER, INC.

0025 6665014616678 6L622 4523113 DRAEGER, INC.

0026 6665015155502 6L622 4523801 DRAEGER, INC.

0027 6665015156752 6L622 4523115 DRAEGER, INC.

Page 1 of 1 SPE7MX20R0084 - JA Attachments Attachment 2