JA- SPE7LX23R0007_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23R0007

The use of the authority cited is based on:

[X] 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.

NSN 4820016123338- The Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. JGB Enterprises (61125) is the only known source to possess the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture this item and the only approved source listed for this NSN. On October 3, 2022, the DLA Land and Maritime Product Specialist certified that the technical information, including the AMC/AMSC of 3/D, manufacturer and part number, are complete and accurate. The Government does not have a complete, unrestricted data package at this date and all means to obtain a technical data package adequate for manufacture of this NSN has been exhausted.

[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.

NSN 4720016123357- The Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. JGB Enterprises (61125) is the only source to possess the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture this item and the only approved source listed for this NSN. On October 3, 2022, the DLA Land and Maritime Product Specialist certified that the technical information, including the AMC/AMSC of 3/D, manufacturer and part number, are complete and accurate. The Government does not have a complete, unrestricted data package at this date and all means to obtain a technical data package adequate for manufacture of this NSN has been exhausted.

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

• A sources sought notice was issued on SAM.gov on September 29, 2022, for five business days.

• Market research was conducted to obtain interest in the acquisition.

• The acquisition will be synopsized on SAM.gov for a period of 15 days.

• After closure of the synopsis, the solicitation will be posted the DLA Internet Bid Board System (DIBBS) for a period of 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The contract maximum value falls under the Truth in Negotiations Act (TINA) threshold of $2M; therefore, cost or pricing data is not required.

Price analysis and buy history will be used to determine contract award prices fair and reasonable.

8. Market Research/Efforts to Obtain Competition: A market questionnaire was originally sent to JGB Enterprises in November 2021 by the Sourcing Strategy Specialist. JGB Enterprises responded that they were interested in a LTC, They indicated the items were not commercial, Due to the time that has passed, new market research was completed when the project was assigned in September 2022. A sources sought notice was posted on September 29, 2022, for a period of five business days and there was no response to this notice. A market survey was sent to JGB Enterprises (61125), the sole approved source and sole supplier of these items to the Government.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23R0007

The market survey asked information such as willingness to quote a base period and option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, asked if they could provide packaging requirements, asked information regarding quantity price breaks and production limitations. JGB did not complete the market survey but did respond to the Government

. The Contracting Officer has determined the NSNs on this project do not meet the definition of a commercial item. The vendor responded to market research that these items are not commercial items. The items have previously been procured as manual procurements under the Micro-Purchase threshold or Simplified Acquisition Threshold (SAT) or using the Procurement Automated Contract Evaluation (PACE) system awards and there is no evidence of using commercial acquisition procedures (i.e., FAR Part 12). The Contracting Officer searched the GSA Advantage website and the Internet on September 29, 2022, and these items were not found. The Contracting Officer hereby determines that these items are non-commercial, thus FAR 15 procedures will be utilized.

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. Based upon the technical certification by the DLA Land and Maritime Product Specialist dated October 3, 2022, all means to obtain a technical data package adequate for manufacture of these items have been exhausted; see attachment #1- Tech Certification.

10. A listing of sources, if any, indicating an interest in the acquisition is: JGB Enterprises (61125)

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

12. The buyer searched the previous awards listed in the contract history in Records Management in E-Procurement for previous J&A’s, as required by DFARS PGI 206.304, and was not able to locate any previous J&As. The last procurement for each of these NSNs was procured under the simplified acquisition 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.

BRANDY WARNER, Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate Signature

Attachment:

1- Tech Cert

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER BRANDY.DANIELLE.12518

97880 Date: 2022.10.13 14:01:02 -04'00'

SHEARER.MARY.

E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.10.14 10:53:42 -04'00'