SPRBL1-20-Q-0078_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-Q-0078

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018) currently possess detailed technical data sufficient to provide a description of all required form, fit, and function characteristics of this part.

[ ] 10 U.S.C. 2304(c)(2) - Urgency.

[ ] 10 U.S.C. 2304(c) - _____________________________________________________________.

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

Caterpillar Inc., CAGE: 11083, the OEM

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 B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit 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.

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

[ ] The acquisition will be synopsized on or about __________________.

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

[X] Dealers of the manufacturers will be solicited.

[X] A synopsis exception cited in FAR 5.202 applies. (explain) The contract action will be using FAR 13.5 and it is not expected to exceed the simplified acquisition threshold.

Therefore, the Contracting Officer utilized the exception listed in FAR 5.202(a)(13).

[ ] Other. (Explain)__________________________________________________________________ .

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

As the Contracting Officer, I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on the use of some combination of cost/price analysis, or a comparison of proposed prices with an Independent Government Estimate. In accordance with FAR 15.403-1(c)(3), certified cost or pricing data is not required for commercial items. If appropriate, the Contracting Officer will request other than certified cost or pricing data to support a fair and reasonable price determination.

8. Market Research/Efforts to Obtain Competition:

Technical experts within the U.S. Army Communications and Electronics Command (CECOM) Research Development and Engineering Center, Product Realization Directorate published a Sources Sought Announcement (SSA) to the Beta System for Award Management (Beta SAM) page to identify sources of supply with the capability to provide the required item on April 23, 2020. Two companies responded to the SSA. Caterpillar Inc., the OEM, and Aviarms Support Corp. (CAGE: 58985), a distributor for the OEM.

The previous J&A stated continued research would take place to ascertain if changes in the market place allowed for full and open competition. These actions to remove barriers to competition that were contained in the previous J&A were completed. Efforts to remove barriers to competition included market research via phone calls and emails to locate manufacturers and distributors of this NSN and part number. The market research yielded no additional potential manufacturing sources that could meet the requirement. Dealers, however, were identified and competition among dealers is anticipated for this acquisition as the OEM uses distributors to sell these parts.

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

[X] A market survey was conducted on/during April 23, 2020.

Total number of vendors contacted: This was posted through Beta SAM.

Names of vendors contacted and responding: Two responses were received: Aviarms Support Corp. and Caterpillar Inc. Contract Specialist reached out to the previous awardee, Diverse Enterprise, who also expressed interest as a distributor of Caterpillar.

Techniques used to conduct survey: Posted through Beta SAM.

Types of information requested: Company information, past performance, qualifications/experience, and capabilities.

Summary of information received: Caterpillar Inc. is the OEM and has the required items available with no record of planned discontinuance or replacement. Aviarms Support Corp. expressed the ability to quote the required Caterpillar part.

Information received regarding the commerciality of the item(s): A commerciality determination was completed for this acquisition.

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

[ ] A market survey was not conducted due to: ___________________________________________.

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.

[ ] 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.

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APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)