23R0013JAwAttachmentsallsigned REVIEWED BA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-23-R-0013

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. DLA Land and Maritime intends to enter into a firm-fixed price (FFP), long-term contract (LTC) with a maximum contract period of five years, consisting of three years plus two (2) one-year option periods.

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

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

Valve, Check 4820-01-631-9532 40 EACH C

Switch, Pressure 5930-00-231-4960 61 EACH B Switch, Pressure 5930-00-935-9584 61 EACH B Pressure Switch 5930-01-155-0744 159 EACH C

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

The Highest Priority Weapon System Designator Code for NSN 4820-01-631-9532 is the Helicopter, Seahawk, H-60

The Highest Priority Weapon System Designator Code for NSN 5930-00-231-4960 is the Helicopters CH-53

The Highest Priority Weapon System Designator Code for NSN 5930-00-935-9584 is the Helicopters CH-53

The Highest Priority Weapon System Designator Code for NSN 5930-01-155-0744 is the Helicopter, Blackhawk UH-

60A, UH-60L, HH/UH-60M, UH-60V

ESTIMATED BASE VALUE: $

ESTIMATED TOTAL VALUE (BASE + OPTIONS): $

MAXIMUM CONTRACT VALUE: $

MINIMUM CONTRACT VALUE: $

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.

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

NSN CAGE COMPANY NAME P/N

4820-01-631-9532 55723 SPECTRUM ASSOCIATES INC. 14170-3

5930-00-231-4960 55723 SPECTRUM ASSOCIATES INC. 4305-12

5930-00-935-9584 55723 SPECTRUM ASSOCIATES INC. 2212-1

5930-01-155-0744 55723 SPECTRUM ASSOCIATES INC. 2335-24

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.

Spectrum Associates Inc. (55723) is the only manufacturing sources specified on the source control drawing.

[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's 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.

Spectrum Associates Inc. (55723) is the only source approved by the design control activity because Spectrum Associates Inc. retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

These are critical parts, not CSI, which if produced incorrectly, can render the end item inoperable. SAE Configuration Management Requirement is mandatory for DLA contracts. This material has been routinely purchased from Spectrum Associates Inc. (55723) because they are the actual manufacturer. Since the approved source possesses the complete technical data package for this item, and will quote directly to the Government, this acquisition will be solicited with other than full and open competition under authority of U.S.C 2304(c)(1), as implemented by FAR 6.302. The Product Identification Description (PID) lists only one approved source, which is Original Equipment Manufacturer (OEM) Spectrum Associates Inc., CAGE code 55723. On September 1, 2022, , Product Specialist, certified that the technical information including the AMS/AMSC code and approved source was complete and accurate.

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

[X] The acquisition will be synopsized on or about December 19, 2022, for 15 days.

[X] The Government published a Sources Sought on the beta.SAM.gov website for seven days from September 21, 2022 to September 28, 2022. One response was received from Spectrum Associates Inc. (55723).

[X] Other: At the completion of the synopsis period, this requirement will be posted to DLA’s internet bid board for a minimum of 30 days

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

This solicitation is being issued in accordance with FAR 15, Contracting by Negotiation. The Government will determine the unit price to be fair and reasonable based on price analysis and comparison to prior purchase pricing.

Certified cost or pricing data will be requested to support the proposed pricing per FAR 15.403-4(a)(1). The Government has the intention of only awarding unit prices that are determined fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Various forms of market research were conducted in an effort to promote competition and are summarized below.

by the Technical Community. Spectrum Associates Inc. also confirmed that these items aren’t commercial.

Therefore, the Contracting Officer hereby determines that the items are non-commercial thus FAR 15 procedures will be utilized.

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

[X] 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. There are also no open 339 for this material. Please see Attachment #1 for Technical Certification provided by Quality Assurance Specialist, .

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

1. Small Business OEM – Spectrum Associates Inc. (55723)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items. Applies to NSNs 4820-01- 631-9532 and 5930-01-155-0744.

[X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items. Applies to NSNs 4820-01-631-9532 and 5930-01-155-0744.

[X] Solicitation contains DLA Procurement Note,L22 Restriction of Alternate Offers for Sour Controlled Items.

Applies to NSNs 5930-00-231-4960 and 5930-00-935-9584.

[X] Other: The buyer reviewed all previous buys for a Justification for Other than Full and Open Competition document. A Justification and Approvals (J&A) was done on contract SPE7LX-18-D-0143. It is attached as attachment #2.

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

LAUGHERTY.PATRIC

K.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.1250703704

Date: 2023.04.19 06:46:23 -04'00'

SHEARER.MARY.E.1250

702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.04.19 06:57:09 -04'00'

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

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

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachments:

1) Technical Certification

2) Justification and Approvals (J&A) SPE7LX-18-D-0143