JA -SPE7MX25R0037_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX25R0037

[X] ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This acquisition is for an indefinite quantity contract (IQC) solicitation shall be a firm fixed price (FFP) long-term contract (LTC) which includes a five-year base period. The items covered by this initiative will be procured under FAR Part 12- Acquisition of Commercial Items.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. In addition to the NSNs specified in the solicitation, the scope of the contract includes DoD managed hazard-detecting instruments and apparatus for which DRAEGER, INC. (6L622) is a sole approved source. If items are later identified for an add-on project, they will be processed as an out-of-scope modification and may be added via bilateral modification in accordance with Procurement Note L27- Addition/Deletion of Items.

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

CLIN NSN Item UI AMC AMSC ADQ ADV

0001 6665001400886 DETECTOR TUBE, SHORT BX 3 P 395

0002 6665007690943 TUBE, GAS DETECTOR BX 3 Z 713

0003 6665007690944 TUBE, GAS DETECTOR BX 3 Z 350

0004 6665007690945 TUBE, GAS DETECTOR, C BX 3 Z 5512

0005 6665007690949 TUBE, GAS DETECTOR BX 3 Z 6103

0006 6665007690951 TUBE, GAS DETECTOR BX 3 D 2204

0007 6665007690954 DETECTOR, GAS BX 3 P 261

0008 6665007690959 TUBE, GAS DETECTOR BX 3 D 4172

0009 6665010107958 TUBE, GAS DETECTOR BX 3 D 367

0010 6665010107959 TUBE, GAS DETECTOR BX 3 D 3492

0011 6665010107960 TUBE, GAS DETECTOR BX 3 D 353

0012 6665010107961 DETECTOR, HYDROGEN S BX 3 D 2508

0013 6665010107962 TUBE, GAS DETECTOR BX 3 D 397

0014 6665010107963 TUBE, GAS DETECTOR BX 3 P 3284

0015 6665010107965 TUBE, GAS DETECTOR BX 3 D 1426

0016 6665010107966 TUBE, GAS DETECTOR BX 3 D 2929

0017 6665010107968 TUBE, GAS DETECTOR BX 3 P 204

0018 6665010107974 TUBE, GAS DETECTOR BX 3 D 2839

0019 6665010736527 TUBE, TOLUENE BX 3 P 306

0020 6665011029485 TUBE, ETHYLENE OXIDE BX 3 D 1207

0021 6665013841508 TUBE, HYDROCARBON 2 BX 3 C 3963

0022 6665013955213 DETECTOR, GAS BX 3 C 1235

0023 6665014585590 TUBE, TOLUENE BX 3 Z 1532

0024 6665014616674 DETECTOR TUBE BX 3 D 653

0025 6665014616678 DETECTOR TUBE BX 3 D 867

0026 6665015155502 DETECTOR, GAS EA 3 C 112

0027 6665015156752 DETECTOR, GAS BX 3 R 1035

Decontrolled by: Brandy Warner

Identify end item, weapon system, or class of item: The NSNs on this acquisition support a broad variety of weapons systems such as: F-15 and F-16 Aircrafts, Arleigh Burke Class DDG, Avenger Class MCM, Blue Ridge Class LCC-19, Damage Control Equipment, DDG-1000 Zumwalt Class Destroyer, Fire Fighting Equipment, Hospital Ships, Landing Craft Air Cushion (LCAC), Littoral Combat Ship, Navy Expeditionary Programs, Special Forces Equipment, and Submarine Auxiliary and Miscellaneous System.

ESTIMATED ANNUAL DEMAND VALUE:

ESTIMATED TOTAL VALUE (5 YEARS):

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources, as implemented by FAR 6.302-1.

5. The Government requires spare parts that are form, fit, and functionally interchangeable with those currently used on the supported end item or weapon system. The acquisition is restricted to DRAEGER, INC. (6L622), which are the only source(s) known to have the capability of furnishing the required supplies and the only source(s) currently approved by the design control activity. Only OEM Draeger parts have been designed, engineered and tested to meet the required performance characteristics of the Military’s weapon systems. After-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the Engineering Support Activity (ESA). Using unapproved parts could potentially compromise the normal operation/function and safety of the Military system and its occupants/troops.

On February 21, 2025, the DLA Land and Maritime SAPD Product Specialist certified the accuracy of the approved source and applicable AMC/AMSC codes. A copy of the certification is located under attachment #1- Technical Certification.

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] 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 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.

For the three items identified with AMSC C, Drager Inc. (6L622) is the only source currently approved by the design control activity. They are the only known source to possess the requisite rights to technical data for these items and only known approved source for these items.

[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.

For the 13 items identified with AMSC D, 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. Drager Inc. (6L622) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

[X] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part.

This code is used in situations where the Government has the data but does not own the rights to the data. 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.

For the five items identified with AMSC P, 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. Drager Inc. (6L622) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

[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.

For the one item identified with AMSC R, 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 for this NSN. Drager Inc. (6L622) is the only source known to own or possess the technical data necessary to manufacture this item and only approved source listed for this

NSN.

[X] AMSC Z. This part is a commercial/non-developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition, and a J&A is not necessary).

For the five items identified with AMSC Z, Drager Inc. (6L622) is the only approved source for each NSN. None of these items appear on an interchangeable catalog or a commercial cross reference list.

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

[X] A sources sought notice was issued on SAM.gov. on October 16, 2024, for a period of five business days.

[X] The acquisition will be synopsized on SAM.gov, for a period of 15 days.

[X] Solicitation will be posted on 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. Cost or Pricing Data (CCPD) is not required per FAR 15.402-1 (b) (3) as these items are solicited in accordance with FAR 12—Acquisition of Commercial Items. It is the Contracting Officer’s determination that the NSNs are commercial and will be procured under FAR Part 12- Acquisition of Commercial Items. Previous contracts SPE7MX-20-D-0126, SPE7MX18D5013, and SPM7MX13D0099. In addition, market research was conducted, and the approved manufacturer responded that the items are commercial. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s needs. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. The Contracting Officer will use historical prices, market prices (i.e. comparison based on marketplace or offers/pricing to other customers), market research, and/or pricing information provided by offerors. The buyer may also use commercially available prices (i.e.

Internet pricing and/or sales invoices) as applicable to aid in fair and reasonable determination.

CUI

8. Market Research/Efforts to Obtain Competition:

Market research was initially started in October and then the project was put on hold since the contract expiration isn’t till September 2025. On October 16, 2024, a sources sought notice was issued on the SAM.gov website in order to seek out and encourage additional sources and vendor participation for 33 NSNs. The sources sought notice closed on October 25, 2024, and there were no responses received. The Contracting Officer also sent a market survey to DRAEGER, INC. (6L622) on October 16, 2024, and they responded to the market survey on October 25, 2024. The market survey for information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, and state if the items are commercial. A summary of the only response received is below:

Draeger Inc. (6L622):

Large business manufacturer Is interested in pursuing a Long-Term-Contract

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, 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: (If none, so state) Draeger Inc. (6L622)

11. This item is subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items, which describes the process for submitting an alternate offer on the current procurement and requesting evaluation of an alternate product’s technical acceptability for future procurements of the same item.

12. The buyer searched the previous awards listed in the contract history in Records Management in EProcurement for previous J&A’s, as required by DFARS PGI 206.304, and the J&A for contract SPE7MX-20-D-0126 was located; see attachment #2- Previous J&A.

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

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.12

51897880 Date: 2025.02.21 15:27:41 -05'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total contract maximum value of the J&A is $18,024,786.18.

DLA Land and Maritime Competition Advocate

Head of the Contracting Activity (HCA)

Attachments:

1. Technical Certification

2. Previous J&A

PETERSON.GEOR

GE.D.1242831744

Digitally signed by

PETERSON.GEORGE.D.1242831744

Date: 2025.03.26 08:48:08 -04'00'

JOHNSON.ROBE

RT.D.1230338090

Digitally signed by

JOHNSON.ROBERT.D.123033809

Date: 2025.03.26 11:14:00 -04'00'