2.09_JA_22202-0008(Final)_Redacted.pdf

PDF 166 KB Posted

Attached to
Compressor, Rotary 4310 012483144 Federal contract opportunity
Solicitation number
N0010425DAQ01
Issued by
Department of the Navy Naval Supply Systems Command

About this file

This document is a Justification and Authorization (J&A) for a limited/sole source procurement of a rotary compressor for the Department of the Navy. The contract (N0010425DAQ01) is for maintenance, repair, and rebuilding of a critical safety item (NSN 4310-01-248-3144), with an estimated value of $4,494,463.50 and an approximate annual quantity of 35 units over 3 base years. Market research determined that only two sources can provide this specialized component: Raytheon Co. and MEGGITT DEFENSE SYSTEMS INC, due to proprietary design, manufacturing standards, and critical safety specifications that prevent open competition.

The J&A was prepared under 10 USC 2304(C)(1) authority, citing that only a limited number of responsible sources can satisfy agency requirements. The government does not own the technical data rights to procure repairs from additional sources, and reverse engineering or acquiring the data is deemed uneconomical. A Sources Sought notice was published on 12/07/2022, receiving responses from Raytheon (declining to bid) and Meggitt (expressing interest). The solicitation was subsequently synopsized on 04/05/2023 with no additional sources expressing interest. The contract aims to maintain a critical safety item where failure could result in serious equipment damage or personnel injury.

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5/16/23, 6:59 AM WorkflowPro https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit_legacy?p_id=10573 2/4

4. Statutory Authority Permitting Other Than Full & Open Competition

5. Rationale Justifying Use of Cited Authority

6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable

NSN 4310-01-248-3144 Cage Code 62228

P/N 6309956, K898155-04 Unit Price $29,963.09

Estimated Value $4,494,463.50

Ship To W25G1U

Line of Accounting 97 00 XX XX 4930 NC1A 000 81004 0 050120 7T 000000 8RMC00000000

This J&A is based upon the authority of 10 USC 2304(C) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

A/RMC 1

Suitable for competitive acquisition for the second or subsequent time.

A/RMSC R

The Government does not own the data or the rights to the data needed to purchase / contract repair of 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/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.

This acquisition will be solicited to

Raytheon Co. - (15090) and MEGGITT DEFENSE SYSTEMS INC - (62228). Based on the market research performed by the technical advocate, it is concluded that the only sources of repair are Raytheon Co. - (15090) and MEGGITT DEFENSE SYSTEMS INC - (62228). It has been deemed uneconomical to pursue the acquisition of the data because the data and it's content are not available. There are no authorized substitutes of this item as this is the only item known to meet performance and compatibility requirements within the higher assembly. Furthermore, there is no data to support an open and full competition. The item has to be tested within the upper assembly and qualify within approved testing specifications procedures, embedded coding procedures, design protocols, and internal QA requirements. Only the sources listed above, who are the manufacture and the higher-level integrator, maintain the design and manufacturing standards via design drawings, manufacture procedures, and quality assurance procedures. The Government does not have the data/or is not authorized to use the data, to approve alternate sources. Additionally, this item is criticality code "S" meaning: THE ITEM IS A NON-AVIATION CRITICAL SAFETY ITEM (CSI) WHOSE FAILURE WILL RESULT IN SERIOUS DAMAGE TO EQUIPMENT OR SERIOUS INJURY OR DEATH TO PERSONNEL.

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7. Determination of Fair And Reasonable Cost

8. Actions to Remove Barriers to Future Competition

9. Any Other Facts Supporting Other Than Full & Open Competition

History

A Request for Information / Sources Sought Notice was entered on the government-wide point of entry on

A Request for Information / Sources Sought Notice was entered on the government-wide point of entry on 12/07/2022 and as a result 2 Responses were Received as follows. Raytheon responded stating, "They were no bidding the requirement based the OEM being an active bidder." Meggitt expressed interest in this requirement.

The proposed contract action was synopsized on the government-wide point of entry on 04/05/2023 and as a result No additional sources expressed interest.

Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows

A technical review, which consisted of searching several Government databases including ITIMP, FLIS, NSEDR, and ERP, has been completed on this item. Search criteria included Part Number, Design Control Activity, Cage Code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding, recorded approved source of repair, historical sources of repair and past contracts. Based on this market research the contracting officer has determined that the only known repair sources are Raytheon Co. - (15090) and MEGGITT DEFENSE SYSTEMS INC - (62228). If a company other than those listed believes they have the ability to repair this item, they can submit the item to the Engineering Program Office, to include research and development, drawings and test specifications. The program office may test and evaluate the item at the company’s expense, when appropriate. Upon qualification, the approved company will be able to participate in current or future solicitations. ITIMP- Reviewed award history and other potential sources of supply, AMC/AMSC code, part number, CAGE code. FLIS- Search criteria included part number, design control activity, Cage code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding which all matched with ITIMP and NSEDR.

The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to manufacture/repair the subject item to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the (WSS) guidelines. Also, future requirements will be advertised on the government-wide point of entry.

Previous J&A Previous J&A Attached

A positive displacement compressor designed to compress air or gas by means of rotating elements enclosed in a housing.

Created By Jared Briggs Work Function Reprocurement Technician Created Date 09/27/2022

27-SEP-22

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I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Requirements Cognizance Signature

Quincy Nissley Work Function Planner Requirements Cognizance Signature Date

09/28/2022

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Technical Cognizance Signature

Jared Briggs Work Function Reprocurement Technician Technical Cognizance Signature Date

09/28/2022

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Contracting Officer Certification Signature Andrea West Work Function Contract Specialist

Contracting Officer Certification Signature Date

03/29/2023

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Competition Advocacy Review And Concurrence Signature

Adam Johnson Work Function Competition Advocate Competition Advocacy Review And Concurrence Signature Date

04/26/2023

I certify that this J&A is legally sufficient to the best of my knowledge and belief

Legal Sufficiency Review Signature

Kimberly Miller Work Function Attorney Legal Sufficiency Review Signature Date

04/28/2023

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Approval Required By Far

6.304 Signature

John Sweeney Work Function Competition Advocate Approval Required By Far

6.304 Signature Date

05/12/2023

File details come from the government source that posted it. Updated .