SPE7MX20R0109 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0109

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

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.

Park Hannifin is the only source that has been approved to manufacture these items because it is the only known source with the data or rights to the data necessary to manufacture these items.

Alternate offers will be evaluated. The offeror must provide a complete data package including data for the approved and alternate part for evaluation. A technical review was completed by, , the Product Specialists of Record dated March 23, 2020, which certified that the supporting data, including the AMC/AMSC codes and approved source, is complete and accurate. The subject NSNs have been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. All means to obtain a technical data package adequate for manufacture of the item have been exhausted. The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

CLIN BRIEF

DESCRIPTION NSN/P/N AMSC

0001 Filter Element, Fluid 4330-01-386-6585 D 0002 Filter Element, Fluid 4330-01-484-0896 D

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

[ X ] A sources sought notice was posted on April 29, 2020 in BETA SAM.

[ X ] The acquisition will be synopsized on or about June 9, 2020 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[ X ] Dealers of the manufacturers will be solicited.

Award of this solicitation will not be held pending qualification and approval of any product or manufacturing source.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable through one, any, or all of the following: comparison of proposed prices received in response to the solicitation, comparison of proposed prices to historical prices paid, comparison of proposed prices with independent government cost estimates, comparison of proposed prices with prices obtained through market research for the same or similar items, analysis of data other than certified cost or pricing data provided by the offeror and if need be, support from the pricing branch office.

8. Market Research/Efforts to Obtain Competition: Describe the market research conducted and the results.

Market Survey [10 U.S.C. 2304(f)(3)(D)]: Market survey was conducted via email on February 27, 2020 by the sourcing specialist. No response was received.

Total number of vendors contacted: 2; Eagle Equipment Corporation, CAGE 3B905 and Applied Industrial Technologies, CAGE 4X136.

A sources sought notice was posted in BETA SAM on April 29, 2020. No response was received.

Techniques used to conduct survey: questionnaire sent via email.

Types of information requested:

Business type, size and status:

Number of employees.

Ideal number of base/option periods.

Commercial availability, published catalog or price listed. Supporting documentation.

Willingness to provide Cost or Pricing Data.

Min/max delivery order quantities and prices breaks.

Production Lead-time.

The following techniques were used in making commerciality determination: The buyer contacted Parker Hannifin, the OEM for these items, who indicated that both of these items are indeed commercial. Market research indicates the following:

• that this acquisition contains items that are consistent with commercial acquisition IAW FAR Part 12;

• that the items contained in this initiative are not Commercial-Off-The-Shelf (non-developmental items);

• Items are only available through Parker Hannifin’s approved distributors.

• These items were found available for sale online at Radwell Internation Inc., at https://www.radwell.com/Shop?IgnoreRedirect=true&ItemSingleId=19653003&utm_sou r and https://www.radwell.com/en- US/Buy/PARKER/HYDRAULIC%20FILTER%20DIVISION/935852Q.

Furthermore, these items meet the definition of a Commercial item at FAR 2.101 which states.

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

Based on the results of the market research, it is the contracting officer's determination to contract for this item under commercial contracting means, i.e. FAR Part 12 – Acquisition of Commercial Items.

9. Additional facts supporting other than full and open competition are: Based upon the technical certification on file, 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) None.

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

The most recent awards in the procurement history were automated purchase orders and orders under contracts. Therefore, a J&A 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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification: The estimated total value of the J&A is

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

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

30 June 2020

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.07.02 13:07:18 -04'00' 7/2/2020

COLE.D'JUANA.L.12

30260067

Digitally signed by

COLE.D'JUANA.L.1230260067

Date: 2020.06.30 13:30:41 -04'00'