SPE7MX22R0021 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX22R0021

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

[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.

The proposed acquisition is for the procurement of the National Stock Number (NSN) part identified below and in section B of the solicitation. The acquisition will include a population of 1 NSN. This acquisition is being pursued to provide continued or improved supply availability to preclude backorders, reduce administrative and production lead time (ALT and PLT), decrease potential contract administration actions and obtain reduced and stable unit pricing. A technical review for this requirement was conducted and concluded by Quality Assurance on July 28th, 2021.

3. The supplies/services required to meet the using activity’s needs are described as follows:

This DLA Land and Maritime acquisition is for an Indefinite Quantity Contract (IQC) with firm fixed price for the duration of a five (5) year base period for a Solenoid Valve for use on AIRCRAFT, GALAXY C-5. This Solenoid Valve has two or more ports with a valve stem or pilot needle in a normally open or closed position.

It is specifically designed to stop, start, or change flow of fluid by means of the magnetic action of an electric coil on a moveable core or plunger. The valve may be equipped with a manual opening or closing device.

Weapon System: 11F (AIRCRAFT, GALAXY C-5)

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

SOLENOID VALVE 4810-01-392-2935 99 1B

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

CLIN NSN WEAPON SYSTEM WSDC

0001 4810013922935 AIRCRAFT, GALAXY C-5 11F

ESTIMATED BASE VALUE -

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:

The approved sources listed below are the only sources specified on the source control / item drawing because the Government has drawings or data available but does not have complete drawings or data to make the acquisition fully competitive. The approved sources are Lockheed Martin, CAGE 98897 (P/N 4H90502-103A), Thomas Instrument, Incorporated CAGE 5H860 (P/N 89832-10), Aerocontrolex Group, Inc. CAGE 98939 (P/N AA2240-02), Pneudraulics, Inc. CAGE 06177 (P/N 3963). On July 28th, 2021 , Quality Assurance Specialist certified that the accuracy of the NSN, the AMC/AMSC, and approved source(s) as identified in the J&A are valid and have no pending DLA Form 339’s.

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: The AMC code describes the results of a technical review of a part and its suitability for breakout. The AMSC code reflects engineering, manufacturing, and technical information.

The following AMSC descriptions are available in DFARS PGI 217.7506 Part 2.

[X] 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.

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

[X] The acquisition was synopsized on _December 2nd, 2021 for 15 days. The solicitation will be posted for 30 days.

[X] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

A Sources Sought Notice was posted to SAM.gov on November 8th, 2021 by the buyer with a response date of November 16th, 2021, as a way to perform market research, verify requirements, validate the approach (i.e.

socioeconomic goals), and ensure competition. No response was received as a result.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

Certified Cost or Pricing Data will be required for this acquisition unless adequate competition is received in response to the solicitation per FAR 15.403-1(b)(1). Vendor(s) will have to sign off stating their cost data is current, accurate, and complete. In addition to an analysis of cost data, the following price analysis may be utilized: Past procurements stating and/or showing possible competition; price analysis, “should cost” negotiations, Producer Price Index (PPI), learning curve analysis, established market prices, informal cost breakdown and other avenues, if necessary, will be explored to ascertain price reasonableness.

8. Market Research/Efforts to Obtain Competition:

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

[X] A market survey was conducted on/during _July 27th, 2021 by the sourcing specialist.

Total number of vendors contacted: __6_.

Number of vendors contacted and responding: 2 Techniques used to conduct survey: Email to include a Market Survey questionnaire, an NSN excel spreadsheet as well as posting a Sources Sought.

Types of information requested:

• The interest in pursuing a Long Term Contract (LTC).

• Business type, size and status:

• Number of employees.

• Ideal number of base/option periods.

• Willingness to provide Certified Cost or Pricing Data.

• Min/max delivery order quantities and prices breaks.

• Production Lead-time..

Summary of information received:

A market survey was sent by the sourcing specialist on July 27th, 2021 to three (3) contractors that were previously awarded procurements for this specific item – Thomas Instrument, Inc (CAGE 5H860, an approved source), Mitchell Aircraft Expendables, LLC (CAGE 7BRY1), and Transaero, Inc (CAGE 27541). The sourcing specialist also sent market surveys to Pneudraulics, Inc.(CAGE 06177, an approved source), Lockheed Martin Corp. (CAGE 98897) and Aerocontrolex Group, Inc. (CAGE 98939, an approved source). As a result of the sourcing specialists’ actions, two (2) negative responses were received from Transaero, Inc and Aerocontrolex Group, Inc.

In addition, buyer performed follow-up correspondence by contacting the contractors that did not originally respond to the market survey sent by the sourcing specialist. Two responses were received as a result of the buyers’ actions from Pneudraulics, Inc. and Thomas Instrument, Inc. In the follow up correspondence included Lockheed Martin and Mitchell Aircraft Expendables. Those two contractors neglected to respond to the buyer.

Name of Vendor CAGE Response

Transaero, Inc. 27541 No longer supplies this part

Aerocontrolex Group, Inc. 98939 Not interested

.Pneudraulics, Inc. 06177 Not interested in an LTC due to the random and sporadic demand of this item.

Thomas Instrument, Inc. 5H860 Interested in an LTC

Information received regarding the commerciality of the item(s):

This requirement will be solicited based on FAR 15 procedures. The commerciality code on the Data Refresh Spreadsheet received from the Sourcing Strategy Branch is blank. A thorough search online for commercial use of the NSN requested, a search through Haystack, as well as GSA website searches indicate this item is not sold commercially. Based on the information gathered after review of all the market research it is the contracting officer’s determination that this item is non-commercial. A separate memorandum detailing this determination has been prepared and is included in the solicitation file.

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

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

SHEARER.MARY.E.12507

02449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.01.18 13:36:48 -05'00' 1/18/2022