J AND A SPMYM123Q0066.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [ZSOLICITATION_NUMBER]

Controlled by: DLA Land and Maritime Controlled by: [DLA]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: [ginger.beasley@dla.mil]

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

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

CLIN DESCRIPTION P/N QTY EST.

VALUE AMSC

Array Probe .490 Diameter, CBX4-024 12 EA $198,693.00

Mid Frequency

Array Probe .490 Diameter

CBX4-022 10 EA $165,577.50

Mid Frequency

Array Probe .480 Diameter

CBX4-032 4 EA $ 66,231.00

Mid-Range Frequency

Array Probe .480 Diameter

CBX4-033 2 EA $ 33,115.50

Mid-Range Frequency

Array Probe .570 Diameter

CBX4-012 4 EA $ 66,231.00

Mid Frequency

Array Probe .560 Diameter

CBX4-023 2 EA $ 16,557.75

Mid Frequency

Bobbin Probe .490 Diameter

MCBS-003 2 EA $ 2,944.26 (Mag Biased Chamfered Barnacle Scraper)

Center Frequency

Bobbin Probe .490 Diameter

MCBS-001 4 EA $ 5,888.52

Center Frequency

Bobbin Probe .530 Diameter

10024329 6 EA $ 12,919.50

Center Frequency

Bobbin Probe .440 Diameter

10024332 4 EA $ 8,620.92

Center Frequency

SOLICITATION [ZSOLICITATION_NUMBER]

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

*If too numerous, attach list of NSNs and AMSC codes

Identify end item, weapon system, or class of item:

The subject requirement is for the procurement of the various array and bobbin probes identified in the table above.

The array and bobbin probes are sole source and proprietary to the Original Equipment Manufacturer (OEM), Zetec Incorporated (CAGE Code – 51327).

ESTIMATED BASE VALUE

$593,336.70__________________________________________________________

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

Not Applicable _______________________________________________________

MAXIMUM CONTRACT VALUE

$593,336.70__________________________________________________________

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING

Not Applicable________________________________________________________

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

[ ] 10 U.S.C. 3204(a)(2) - Urgency.

Brief narrative supporting the situation and weapon system:

This item is for Norfolk Naval Shipyard's (NNSY) Code 135 Non Destructive Testing Division to perform Non Destructive Testing Services on US Navy Ships at Norfolk Naval Shipyard, MIDLANT Region, other Navy Regions, and at other sites within Naval Sea Systems Command. NAVSEA Technical Publication T9074-AT-GIB- 010/2032, “Eddy Current Inspection of Heat Exchanger Tubing on Ships of the United States Navy”, approves only Zetec’s array and bobbin probes for use on Naval vessels.

[ ] 10 U.S.C 3204(c) - _____________________________________________________________.

Brief narrative supporting the situation and weapon system:

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Zetec Incorporated, Cage Code -51327_______________________________________________________

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:

The following AMSC descriptions are available in DFARS PGI 217.7506 Part 2.

SOLICITATION [ZSOLICITATION_NUMBER]

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

[ x ] AMSC Z. This part is a commercial/nondevelopmental/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).

*APPLIES TO LTCs - An Item identified by AMSC A, H, or L has been subjected to limited screening. The Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than the identified source. Items identified by AMSC A, H, or L on Long Term Contracts, are subject to annual review for possible assignment of a different or permanent AMSC. DLA Land and Maritime agrees to maintain a continual review of these items to ensure that an annual review at a minimum, in part to determine if new technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available during the solicitation evaluation phase will be removed from the acquisition requirement.

Any item determined after contract award to be competitively available may be deleted from the contract and resolicited.

[ ] The supplies are urgently required to maintain________________________________________ and the using Service military capability will be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and not delay award of the contract. The negative impact if not procured in a time manner can be described as follows:

[ ] The requisitioner has assigned a priority designator within Issue Priority Group I. The assignment of a priority designator within IPG I is controlled by the procedures of Department of Defense Directive 4410.6 and indicates that the Services’ military capability will be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals. Requirements citing an IPG 1 priority are certified as accurate by review of the commanding officer of the requisition unit or designated representative. Only the most urgent requirements are properly coded within IPG 1.

[ ] The requisitioner has also cited an expedited handling signal of 999, N__, or E__ or an Office of the Secretary of Defense/Joint Chiefs of Staff project code beginning with a "9". (DoD 4000.25-1-M describes the circumstances where these codes may be assigned.)

[ ] Procurement from a specified source or agency is authorized by statute, _____________ (list).

[ ] This acquisition is being processed in accordance with the Class J&A which covers Diminishing Manufacturing Sources and Material Shortages (DMSMS) Life of Type (LOT)

[ ] Other:

(Explain)____________________________________________________________________________________

SOLICITATION [ZSOLICITATION_NUMBER]

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

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

[ X ] The acquisition will be synopsized on or about _August 17, 2023_.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ ] Other. (Explain)__________________________________________________________________ .

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

Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include length of contract, quantity, and other contract particulars bearing on the price.

In accordance with FAR 13.106-3(a), the Contracting Officer will make a determination that the proposed price is fair and reasonable based upon comparison of the proposed price with prices found fair and reasonable on previous purchases, as well as other cost, price, and buyer analysis. Information from market research, governmental sources, and Producer Price Index Industry (PPI) Data will also be used to help establish price reasonableness when needed. Based on market research, these line items have an 12-14 week delivery.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. The extent of market research required for a procurement varies depending on the estimated dollar value, complexity of the item or service and other factors including, the type of item or service, urgency of the requirement and past experience. However, narrow market research (i.e.

only using market surveys; only contacting the approved source or past awardees) is inadequate.

A Sources Sought Notice was posted to SAM.gov on 2 June 2023 with a closing date of 9 June 2023. One (2) response was received as a result of this notice.

Jess W. Jackson & Associates, Inc. (Cage Code - 0DLY2), Feole Technologies Inc (Cage Code - 0C2L9). Both are small business concerns representing Zetec Inc. products.

After further review of the response received, Jess W. Jackson & Associates, Inc. has demonstrated the capability to provide the requested probes.

Prior Contracts relevant to Probes:

Contract SPMYM222P1229 - April 2022 - Zetec Array and Bobbin Probes Contract SPMYM222P1105 - March 2022 - Zetec Array and Bobbin Probes Contract SPMYM222P0098 - Sept. 2021 - Zetec Array Probes

The Norfolk Naval Shipyard, Defense Logistics Agency (DLA), and numerous other Department of Defense activities have also done business with Zetec Inc. Supporting information was located by querying Government databases that provide information relevant to agency to include EDA and the Navy contracting system utilized by DLA Maritime Norfolk, Standard Procurement System (SPS). Catalogs and other generally available published product literature available via the internet were also reviewed. Zetec is active in the System for Award Management (SAM) database, with no exclusions indicating history of debarment or suspension. The Acquisition

SOLICITATION [ZSOLICITATION_NUMBER]

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

Contract Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a Sources Sought Notice via SAM.gov, analyzed same and similar past procurement history requirements, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet.

Based on the information above and outlined herein; there is no indication or reasonable expectation that any other business concern would have the capability or resources available to support this requirement. Therefore, the Acquisition Contract Specialist has determined Zetec Inc as the only manufacturing source capable of providing the required items approved by Norfolk Naval Shipyard (NNSY) at this time.

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

In accordance with FAR 10.002(b), market research has been conducted to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. Internet market research reflects that the Zetec array and bobbin probes are available in the commercial marketplace and offered for sale to the general public. Prior sales history includes customers in the aerospace, automotive, military and defense, oil and gas, railway, tank, transportation industries. commercial exteriors, rail car facilities, water towers, waste or water treatment facilities, and general maintenance.

Based on the results of the market research conducted, the Contract Specialist has determined that both the array probe and bobbin probe meet the FAR 2.101(1)(i) definition of a commercial item.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ ] A market survey was conducted on/during _______________________.

Total number of vendors contacted: ________________________________.

Names of vendors contacted and responding:

Techniques used to conduct survey: ______________________________________________________________.

Types of information requested: ______________________________________________________________.

Summary of information received:

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

[ ] A market survey was not conducted due to the unusual and compelling urgency of the requirement.

[ X ] A market survey was not conducted due to:

SOLICITATION [ZSOLICITATION_NUMBER]

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

Based on the results received from multiple other market research techniques used, a formal market survey was not conducted. The Contract Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a Sources Sought Notice via SAM.gov, analyzed same and similar past procurement history requirements, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet.

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

[ ] 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.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ x ] Other: (Explain)_________________________________________________________________________.

The non-manufacturer rule is not applicable to this requirement because there are no known small business manufacturers.

The OEM of the items being procured is a large business and no other manufactures have been identified.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Zetec Inc. Cage Code 0DLY2 Jess W. Jackson & Assoc., Inc. Cage Code: 0DLY2 Feole Technologies Inc. Cage Code: 0C2L9

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

[ ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ x ] Other (Explain)____________________________________________________________________________________