SPE7MX22R0059 - reviewed_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-0059

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

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:

CLIN NSN Source CAGE Part Number

0001 2910015718422 PARKER-HANNIFIN CORPORATION 13573 FOW-230

FACET (OKLAHOMA) LLC 87405 FA-230

0002 4330013622178 PARKER-HANNIFIN CORPORATION 13573 I-63387TB

FACET (OKLAHOMA) LLC 87405 CA33-3SB

0003 4330014513134 PARKER-HANNIFIN CORPORATION 13573 I-63887TB

FACET (OKLAHOMA) LLC 87405 CA38-3SB

FACET (OKLAHOMA) LLC 87405 CA38-9SB

PARKER-HANNIFIN CORPORATION 31381 ACP-386-3-TB

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:

[X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

On 3/23/2022, Product Specialist certified that the technical information, including the AMS/AMSC code and approved sources were complete and accurate. See attachment #1.

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

[ X ] The acquisition will be synopsized 15 days prior to solicitation issuance. __________________.

[ X ] Other. (Explain) a sources sought notice was posted on beta.SAM.gov on 2/1/22 with a return response of 2/8/22. No responses were received as a result of the sources sought notice that was posted.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a comparison to commercially available pricing, conducting a price analysis, Global insight data and learning curve analysis. The offeror may be requested to submit information other than cost or pricing data for determining price analysis. By using the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable. Requirement is being solicited with a three-year base period and two option years.

SOLICITATION SPE7MX-22-R-0059

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

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. Market research questions were emailed to the coded source of supply. A sources sought notice was posted on beta.SAM.gov on 2/1/22 with a return response of 2/8/22. No responses were received as a result of the sources sought notice that was posted.

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

A market survey was conducted on/during Aug 27, 2021 through Sep 3, 2021.

Total number of vendors contacted: 7 Names of vendors contacted and responding: Vendors contacted were: FBC Enterprises LLC (5ZD19), FACET (Oklahoma) LLC (87405), Metadure Parts & Sales, Inc (56190), Parker-Hannifin Corp (13573) and Becker and Associates (0LFK5). FACET (Oklahoma) LLC (87405) and Parker-Hannifin Corp (13573) responded positively with interest in proposing on subject solicitation. No additional responses were received.

Techniques used to conduct survey: Email to include a Market Survey questionnaire with excel spreadsheet and posting a sources sought on beta.SAM.gov.

Types of information requested: Company was asked about its interest in proposing on these NSNs based on a long term contract arrangement with a 3 year base and option years, questions relating to commerciality of the item, if it can provide cost and pricing data, whether the items were hazardous, if they keep inventory on the items, an estimated delivery and whether there is a minimum order requirement for the NSNs.

Summary of information received:

Parker-Hannifin (13573): Company responded with market research answers on 9/8/21. Company is a large business manufacturer and is interested in pursuing a Long-Term Contract for the items. Parker-Hannifin would accept . Parker-Hannifin indicated the items were commercial and provided unredacted commercial invoices with their marker survey.

FACET (Oklahoma) LLC (87405): Company responded with market research answers on 8/27/21. Company is a large business manufacturer and is interested in pursuing a Long-Term Contract for the items. FACET(OK)LLC would accept a . Company indicated the items were commercial and provided unredacted commercial invoices with their marker survey.

See Attachment #2.

Due to the date of the original market survey, an email was sent to both respondents on 3/23/22 to determine if there was still an interest in this procurement. A response was received from FACET(Oklahoma) LLC on 3/23/22 still showing an interest in this procurement. Although no response was received from Parker-Hannifin, both manufacturers will be included on the vendors list.

Information received regarding the commerciality of the item(s): Both manufacturers indicated these items were commercial and provided multiple invoices attached to their market survey. The commercial code in the material master indicates “N” or no, for all NSNs. Part numbers were researched on-line using a Google parts search and

SOLICITATION SPE7MX-22-R-0059

DLA Land & Maritime Justification for Other Than Full & Open Competition were found to be available. These items were each determined commercial on previous long-term contracts.

Based on DFARS 212.102(a)(ii) A, I hereby determine the items to be commercial.

Although these items are commercial, it is essential that the Government procure these items manufactured by the manufactures listed above because these items support military specific weapon systems, such as KC-46A SUPPORT EQUIPMENT FOR AERIAL REFU, F-16 AIRCRAFT and AIRCRAFT, GALAXY C-5. It is necessary to procure these items because they were designed for and tested for these weapon systems and DLA can ensure will operate in the identified weapon systems and the Government does not own the data or the rights to the data needed to purchase this part from additional sources. Without the data, no other commercial product can be designated to fit.

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

[ X ] Based upon the attached technical certification, 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.

The previous long-term contracts were reviewed. A previous J&A was found for CLIN 0001 NSN 2910015718422 and CLIN 0003 NSN 4330014513134. There was no prior J&A located for CLIN 0002 NSN 4330013622178. See Attachment #3.

10. A listing of sources, if any, indicating an interest in the acquisition is: FACET (Oklahoma) LLC (87405) and Parker-Hannifin Corp (13573). See Attachment #4 for procurement history for these items

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 [ X ] Other: Synopsizing on beta.SAM.gov

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

5/3/22

5/6/22

SANDERS.GERALDI

NE.1230151896

Digitally signed by

SANDERS.GERALDINE.1230151896

Date: 2022.05.03 15:11:30 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.05.06 10:20:35 -04'00'

SOLICITATION SPE7MX-22-R-0059

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

APPROVAL REQUIREMENTS

[X ] Up to $750,000 Contracting Officer

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

Attachments:

1. Tech Cert

2. Market research

3. Previous J&As for CLIN 0001 & 0003

4. Procurement History