SPE7MX22R0036.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-22-R-0036

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May 2018)

0004 4810014954891 RIX INDUSTRIES 28953 33-AVAL1033

Adequate data for the evaluation of alternate offers is not available at the procurement agency.

The company listed above is only company that has gone through the source approval process. If a product is different from the approved part is offered by the contractor, the contractor must get their part numbers approved by submitting a source approval package to the Engineering Support Activity (ESA).

The NSNs are consolidated for this procurement and the Government will not solicit for brand name or equal however will submit supporting data to engineering for future acquisitions if data is received indicating an alternate product.

The use of the authority cited below:

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

The use of the authority cited is based on:

AMSC C. 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.

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.

On July 20, 2021, Quality Assurance Specialist DLA Land and Maritime-FLDB-LTC certified that the technical information, including the AMS/AMSC code and approved source, was completed and accurate. The subject NSNs have been identified as sole/limited source items. No other sources or adequate technical data could be identified or located for competitive procurement. 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.

Therefore, this acquisition will be solicited with Other than Full and Open Competition under the authority of 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May 2018)

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

a. The acquisition will be synopsized on or about February 22, 2022 and will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate offeror’s will not be evaluated for this procurement.

c. Vendors will be advised to submit a complete SAR data package for future evaluations.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.”

8. Market Research/Efforts to Obtain Competition: The results of the market surveys are detailed below. A Sources Sought notice was posted to the Beta Sam website on November 04, 2021 for 10 calendar days to find potential sources for this NSN, with a response date of November 18, 2021.

No responses were received.

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

A market survey was conducted on November 17,2021. Techniques used to conduct survey:

Market Survey Package was emailed to the source supplier.

Total number of vendors contacted: 2

Names of vendors contacted:

1. Rix Industries (28953)

2. Triman Industries Inc. (0ZBE8)

Total number and names of vendors that responded to market survey: 2

1 Rix Industries (28953) 2Triman Industries Inc. (0ZBE8)

Techniques used to conduct survey: emails, Beta.Sam, Market survey questionnaire and attachment.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received:

Rix Industries (28953): POC Rix Industries.is a Small Business Manufacturer.

Rix Industries.is interested in pursuing a LTC.

Rix Industries.

Rix Industries stated the item is not commercial.

Triman Industries Inc. (0ZBE8) Per Triman Industries they stated “Thank you for the opportunity; however, as Triman is not an authorized distributor for Rix Industries, we are unable to supply the information you have requested, on their behalf. However, we are happy to review the solicitation when issued, and if able to obtain pricing, and assist further, we will certainly do so.”

Commerciality Determination: The response to the market survey from Rix Industries indicated that the items are not commercial. Per FAR 2.101 (b) the item in this solicitation has been determined to be non- commercial. The following factors that have led to these conclusions are:

A search of the internet was done and there is no evidence that this item can be sold to other than the military.

Item is not commercially price listed.

NSN is not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of this item is to sustain numerous critical weapon system platforms and their supporting equipment. As such, this item has strict configurations and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The Acquisition Specialist checked the GSA Schedule for these NSNs and no information was found.

Therefore, it is the determination of the contracting officer that these items are not commercial and FAR Part 15 will be applied to the solicitation.

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: Rix Industries (28953) and Triman Industries Inc. (7ZBE8) the only companies that responded to the market survey and expressed an interest in the acquisition. As such, both companies will be added to the solicitation mailing list.

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

c. The buyer was not able to locate a copy of a previous J & A statement in the SRM Records Management because all previous buys were under the simplified acquisition threshold where a J&A are 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 $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

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

Attachment # 1 Technical Memo

MATZ.RICHARD.JA

MES.1080066615

Digitally signed by

MATZ.RICHARD.JAMES.108006

Date: 2022.02.15 15:07:04 -05'00'

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2022.03.02 13:16:02 -05'00'