Toner JA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX21R0161

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

[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 on other than a full and open competition basis.

This DLA Land and Maritime acquisition is for an Indefinite Quantity Contract (IQC) with firm fixed price for the duration of three (3) year base periods with one (1) 1-year option period for a potential total of four (4) years. The proposed acquisition is for the procurement of the National Stock Number (NSN) part identified below and in section B of the solicitation. The acquisition will include a population of 1 NSN. This acquisition is being pursued to provide continued or improved supply availability to preclude backorders, reduce administrative and production lead time (ALT and PLT), decrease potential contract administration actions and obtain reduced and stable unit pricing. A technical review for this requirement was conducted and concluded by Quality Assurance on June 11th, 2021.

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

This requirement is for the acquisition of a single item (Toner Cartridge) that is used on various military submarines and sea vessels for use by the Department of Defense. The proposed acquisition is for DLA-managed item for which large business Xerox Corporation (26921) is the OEM. The CLIN on this project is a code and part numbered item and is listed below:

BRIEF DESCRIPTION NSN ANNUAL DEMAND

QUANTITY

EST. VALUE AMC/AMSC

TONER CARTRIDGE 7045016553801 872 3/P

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

CLIN NSN WEAPON SYSTEM WSDC

0001 7045016553801 NUCLEAR REACTORS PROGRAM 21N

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE -

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

[X] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

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

On June 11th, 2021, Villalba, Quality Assurance Specialist certified that the technical information, including the AMC/AMSC code and approved source, was complete and accurate. This NSN was established in 2016 by the Navy Nuclear (HX) with procurement from approved source Xerox (CAGE 26921) and part number 106R02731. DLA cannot add any other sources without approval from Navy HX through the 339 process. Xerox Corporation (26921) is the sole source manufacturer approved by the military customer’s design control activity with the rights or data necessary to manufacture this item, as they are 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: The AMC code describes the results of a technical review of a part and its suitability for breakout. The AMSC code reflects engineering, manufacturing, and technical information.

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

[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.

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

[X] The acquisition was synopsized on or about __October 4th, 2021____.

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

[X] Dealers of the manufacturer will be solicited.

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

Through one, any, or all of the following: competition, certified cost or pricing data or information other than certified cost or pricing data, comparison of proposed prices received in response to the solicitation, comparison of proposed prices to historical prices paid, comparison of proposed prices with independent government cost estimates, comparison of proposed prices with prices obtained through market research for the same or similar items, analysis of data other than certified cost or pricing data provided by the offeror and if need be, support from the pricing branch office.

8. Market Research/Efforts to Obtain Competition:

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

[X] A market survey was conducted by the supply chain analyst on/during _June 9th, 2021_.

Total number of vendors contacted by supply chain analyst: __8__.

Number of vendors that responded: __3_.

A Sources Sought Notice was posted to BETA SAM on August 16th, 2021 by the buyer with a response date of August 23rd, 2021, as a way to perform market research, verify requirements, validate the approach (i.e.

socioeconomic goals), and ensure competition. Buyer also contacted the vendors that did not originally respond to the market survey sent by the sourcing specialist. As a result of both actions by the buyer, response was received from 10 small businesses.

A total of 13 vendors are interested in an LTC for this requirement. They are listed below in the table within paragraph 10.

[ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other

No other J&A’s exist for this NSN. All previous buys for this item have been under SAT.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

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

11/2/2021

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.11.05 09:46:30 -04'00'

COLE.D'JUANA.L.12

30260067

Digitally signed by

COLE.D'JUANA.L.1230260067

Date: 2021.11.02 07:53:58 -04'00'