SPE7MX20RX008 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX20RX008

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

ORIGINAL

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:

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

Separator Assembly, Fuel / Water 4330011891007 2,019 B

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

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is: 10 U.S.C.

2304(c)(1) - Available from only one or a limited number of sources.

Brief narrative supporting the situation and weapon system: The sources listed on the drawings have met technical design and performance requirements and were determined to be capable of meeting this requirement by the OEM. The approved source(s):

CAGE Company Name Prt Num 53964 Kaydon Custom Filtration D420044

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

CAGE Company Name Prt Num 53964 Kaydon Custom Filtration D420044

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

The supplies are urgently required to maintain the missile, patriot and the using service military capability will be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and not delay award of the contract. The negative impact if not procured in a time manner can be described as follows: A critical application of an item is one in which the failure of the item could injure personnel or jeopardize a vital agency mission.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: A sources sought notice was posted on November 21, 2019 in FedBizOps. The acquisition was synopsized on or about December 10, 2019.

Dealers of the manufacturers will be solicited.

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 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)]:

A market survey was conducted on July15, 2019 by the Demand/Supply Chain Analyst.

Total number of vendors contacted: 4.

Names of vendors contacted and responding:

Name CAGE Response Brighton Cromwell 3NNX8 Positively affirmed their interested in this LTC.

Lockheed Martin Corp 02769 No response.

AM General 34623 Positively affirmed their interested in this LTC.

Kaydon Custom Filtration Corp 53964 This is a Proprietary Part for AM General that we do not sell direct. AM General will quote these direct not us.

Kaydon Part D420044 is our part for AM part 12339198.

Science Applications International Corp 79343 No response.

Techniques used to conduct survey: Market survey questionnaires was emailed to potential suppliers. Also, the market survey questionnaire was posted along with the source sought notice on Beta SAM for public viewing. Buyer also searched the world wide web for additional sources.

Types of information requested:

Business type, size and status:

Number of employees Ideal number of base/option periods and related cost saving, annual price adjustment if any.

Commercial availability, GSA, published catalog or price listed.

Supporting documentation.

Willingness to provide Cost or Pricing Data.

Min/max delivery order quantities and prices breaks and possible reasons for variations, and the potential for determining a fair market price.

Production Lead-time.

Brighton Cromwell: Small business distributer, 83 employees, 3

, item is not commercial, willing to

AM general: Large business distributer, no preference for base period, item is commercial, willing

Information received regarding the commerciality of the item(s): The market survey responses indicated that these items are both non-commercial and commercial. Additional research was conducted by the acquisition specialist using the internet, indicates that this item is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and being offered for sale to the general public. Therefore, this item is commercial.

9. Additional facts supporting other than full and open competition are: 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.

A technical review was completed by the Product Specialists of Record dated October 1, 2019.

The subject NSN has been identified as sole/limited source item. Acquisition of this part is restricted to sources specified on the source controlled drawings. All means to obtain a technical data package adequate for manufacture of the item have been exhausted.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) AM General and Brighton Cromwell.

11. The following actions are being taken to identify additional sources:

[X] Solicitation contains DLA Procurement Note, L22 [ ] Other Explain ______________________________________________________________

No other J&A was not found in the procurement history in Records Mgmt.

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:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

12/19/2019

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.01.17 11:04:53 -05'00'

1/17/2020

COLE.D'JUANA.L.12

30260067

Digitally signed by

COLE.D'JUANA.L.1230260067

Date: 2019.12.19 14:46:52 -05'00'