SPE7MX-21-R-X009 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-21-R-X009

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

The only approved source for these items is Mine Safety Appliances Company (55799). A technical and quality review was completed by , Quality Assurance Specialist, DLA Land and Maritime

- SAPD. The Acquisition Method Code (AMC)/ Acquisition Method Suffix Code (AMSC) and technical data were reviewed and verified on 5/18/20. certified that the supporting data is complete and accurate, including the AMC/AMSC codes, the approved source and part numbers and that there are no pending 339’s. The Buyer confirmed the approved source and part number by reviewing the Product Item Description (PID) and by searching the Product Master – Approved CAGE Part Numbers database in SRM on 1/21/2021. See attachment # 2.

The use of the authority cited below:

AMC 3 - Acquire, for the second or subsequent time, directly from the manufacturer.

AMSC Z (NSNs 4240000408453 and 4240014919466) - 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.

To ensure continued product integrity of these items, procurement is restricted to the approved source. Mine Safety Appliances Company is known to have the required experience and capability to effectively produce these items. These are the only code and part number items known to fit in the end item. NSNs 4240000408453 and 4240014919466 are used in the Nuclear Reactors Program. Using unapproved parts could potentially compromise the normal operation and safety of the equipment and its troops.

AMSC C (NSN 4720012247316) - 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.

AMSC D (NSNs 4940011061414 and 5965015719603 - 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.

Based on the limited data the Government possesses, only Mine Safety Appliances Company (55799) can meet the Government’s minimum needs for these items. 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.

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

A sources sought and a market survey were issued on beta.SAM.gov from October 19, 2020 to October 26, 2020. The acquisition will be synopsized prior to the solicitation opening. This acquisition will be solicited on the internet for 14 days via the DLA Internet Bid Board System (DIBBS).

10/19/2020. The part was found on https://www.thesafetyequipmentstore.com/MSA-10010420.html at a unit price of $185.55. The part was also found on GSA website at $129.74 (attachment #4).

CLIN 0003 – A Google search for NSN 4720012247316, Part Number 455022 was conducted on 10/19/20. The part was found on https://www.thesafetyequipmentstore.com/MSA-455022.html at a unit price of $287.06. The part was also found on GSA website at $215.38 (attachment #5).

CLIN 0004 – A Google search for NSN 4940011061414, Part Number 81857 was conducted on 10/19/20.

The part was found on https://www.amazon.com/MSA-81857-Air-Line-Filter-Outlet/dp/B00QXTEZ6C at a unit price of $719.84. The part was also found on GSA website at $500.88 (attachment #6).

CLIN 0005 – A Google search for NSN 5965015719603, Part Number 10051289 was conducted on 10/19/20. The part was found on https://www.amazon.com/MSA-10051289-ClearCommand-Amplifier- Interface/dp/B00QXU08LM at a unit price of $735.55. The part was also found on GSA website at $991.32 (attachment #7).

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.

10. A listing of sources, if any, indicating an interest in the acquisition is:

B & H INTERNATIONAL LLC (768R4)

FEDERAL RESOURCES SUPPLY COMPANY (1Q3Z9)

WESTERN SAFETY PRODUCTS, INC. (4F586)

MINE SAFETY APPLIANCES COMPANY (55799)

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive. The Government will also include a clause in this solicitation that provides that the Government will consider alternate offers, and that alternate offerors should submit a source approval request (SAR) package that will be referred to the engineering activity. If the current procurement cannot be delayed, due to mission requirements, and to allow sufficient time for the engineering activity to determine whether to approve the alternate offer, the SAR package will be considered for future awards.

12. No previous Justification and Approval (J&A) were found. All prior procurements were under the Simplified Acquisition Threshold (SAT) and no J&A was 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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

$750,000 to $15,000,000 - Competition Advocate

Attachments:

1. Procurement History

2. Tech Cert and PID

3. CLIN 0001 Online Price and GSA

4. CLIN 0002 Online Price and GSA

5. CLIN 0003 Online Price and GSA

6. CLIN 0004 Online Price and GSA

7. CLIN 0005 Online Price and GSA

1/29/2021

SEDA

VARGAS.XIOMARA.136526

Digitally signed by SEDA

VARGAS XIOMARA.1365269900

Date: 2021.01 29 14:00:17 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.02.03 13:31:56 -05'00'