SPE7MX23R0039 JA.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23R0039

Source Selection Information-- See FAR 2.101 and 3.104 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.

5. In accordance with FAR 6.303-2(c) supporting data that is the responsibility of technical personnel has been certified as complete and accurate by the technical personnel. SAPD product specialist (PS), , did a technical review on October 12, 2022 confirming all technical data for this item is correct including the AMC/AMSC and certification is attached (See Attachment 1 – Technical Certification). DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. Snowbird Technologies is the only manufacturing source specified on the source control drawing and suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources. Snowbird Technologies is the only company that has the technical data necessary to manufacture this part. There is no pending 339 with the Engineering Support Activity (ESA) for this item.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: A sources sought was posted to the Government-wide Point of Entry (SAM.gov) on November 17, 2022 through November 25, 2022, with no inquiries received. This acquisition will be synopsized for 15 days prior to the solicitation opening on.SAM.gov. At the completion of the synopsis period, the project will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS. Dealers of the approved manufacturing source will be solicited.

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 15.404. 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. In accordance with FAR 15.403-4 (a)(1), certified cost or pricing data will not be required since the maximum contract value of this acquisition is below $2 million. The offeror may be requested to submit information other than cost and pricing data to determine price reasonableness.

8. Market Research/Efforts to Obtain Competition:

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

A Sources Sought Notice was posted to the Governmentwide Point of Entry (SAM.gov) on

November 17, 2022, through November 25, 2022, with no responses received. A Market Survey was sent by the DLA L&M Strategic Sourcing Specialist (SSS) to approved source, Snowbird Technologies, on October 12, 2022. In December 2022, the SAPD Buyer emailed market surveys to the following distributors identified through quote history; (1) Kampi Components

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

The Contracting Officer has determined this item to be non-commercial per the definition listed within FAR 2.101; therefore, FAR Part 12 procedures will not be utilized. The solicitation will be issued utilizing FAR Part 15 - Contracting by Negotiation procedures. A review of the COTS field of the Material Master is coded “N” indicating that a determination of non-commerciality has been made by the DLA Land and Maritime technical community.

The Contracting Officer has the individual authority and responsibility to determine if an item or service meets the definition of “commercial item” at FAR 2.101 and the based on the information below, the Contracting Officer has determined the NSN on this project is not a commercial item as it does not meet the definition of commercial item. The AMC/AMSC for this item is 3/B and the Government does not own the drawings. The item was previously solicited non-commercial and the Contracting Officer for that procurement had provided the following:

This direct current motor is used in environmental control units for consolidated ground support equipment. It provides power to the unit that heats or cools facilities such as tents or conexes.

This motor is not of a type customarily used by the general public or by non-governmental entities for purposes other than non-governmental purposes; it has not been sold, leased, or licensed to the general public; or been offered for sale, lease or license to the general public.

This item has not been procured using commercial acquisition procedures (FAR Part

12) in the past.

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

Based upon the technical certification under attachment #1, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved sources; therefore, 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: Kampi Components

(CAGE 7Z016)

11. This item is subject to the following methods of locating additional sources: The solicitation contains DLAD Procurement Note L22, Restriction of Alternate Items for Source Controlled Items.

12. Past history was reviewed in Records Management. The previous procurement for this item was an LTC, SPE7MX-22-D-0124, awarded utilizing FAR Part 15 procedures. The J&A for contract SPE7MX-22-D-0124 is attached per DFARS PGI 206.303-2 (b)(i)(B).

CONTRACTING OFFICER CERTIFICATION

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.

ALEXANDER MOLLER

Contracting Officer

APPROVAL/CERTIFICATION

MARY SHEARER

Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ ] $15,000,000 up to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ)

Attachment 1 - Technical Certification Attachment 2 - SPE7LX16D0047 J&A

SHEARER.MA

RY.E.12507024

Digitally signed by

SHEARER.MARY.E.12507

02449 Date: 2022.12.20 11:49:49 -05'00'

MOLLER.ALEXA

NDER.M.1404026

Digitally signed by

MOLLER.ALEXANDER.M.140

4026743 Date: 2022.12.19 13:36:50 -05'00'