37.2 flat JA PR 7003943453 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L324Q0536

[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. FAR subpart 13.5 procedures will be used in accordance with 41 U.S.C.1901.

3. The proposed action is for solicitation and award of a Firm, Fixed Price contract with no options.

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

NSN NOMENCLATURE BASE

QTY / UI VALUE OPTION % /

QTY

TOTAL VALUE

WITH OPTION

AMC /

AMSC QCC

6130-01-706-0086 POWER SUPPLY 19 EA NONE 3Z CAA

End item, weapon system, or class of item: This solicitation is for a DLA Direct Requirement, PR 7003943453.

Item noun name is POWER SUPPLY and has no weapon system assigned. This is a 270 VDC/400 Hertz Dual Converter Ground Power Unit (GPU). This unit is compatible with multiple aircraft, including the F-15 Eagle // F- 16 Falcon // F-18 Hornet // F-22A Raptor // F-35 JSF // Mirage // N-UCAS; UAV’s // Sukhoi-30.

Estimated base value (base quantity: 19 EA):

Estimated total value (19 EA + No option quantity: = 19 EA):

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

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:

ITW GSE INC. (0SMN2) P/N 2400-AP54305-N is uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture this item. This unit fulfills requirements of most installations that matches all types of aircraft.

The use of authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC):

AMC 3: Acquire, for the second or subsequent time, directly from the manufacturer.

AMSC Z: This part is a commercial/non-developmental/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.

Product Specialist, , certified the following on 09/28/2023:

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

This item is an AMC/AMSC of 3/Z. This item supports an unassigned weapon system, is not critical application item and is not a Critical Safety Item (CSI). ITW GSE INC. (0SMN2) is the only known source capable of making this item. The Government does not own or possess the data or drawings for full and open competition. The approved source is the only source known to possess the required drawings. There are not currently any 339’s out to the Engineering Support Activity (ESA) and current information indicates that the item is commercial. Technical Data Certification is attached.

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

The acquisition will be synopsized for 3 days prior to the solicitation opening. At the completion of the synopsis period, the Purchase Request (PR) will be solicited on the internet for 10 days via the DLA Internet Bid Board System (DIBBS).

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offer exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold.

Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Procurement history:

The PO History shows two prior awards:

A sources sought notice was posted on SAM.gov from 09/20/2023 to 09/27/2023. No responses were received.

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

A market survey was conducted on: 09/20/2023.

Techniques used to conduct survey: SAM.gov and e-mail correspondence.

Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity.

Total number of vendors contacted: 1.

Smart Number (PIIN) Source Type

Vendor

CAGE

Code

Vendor Name Quantity Unit Net Price Curr Per Award Date Incoterms Prc Reas Surplus Material

SPE7L324P2144 A 0SMN2 ITW GSE INC. 19.000 EA 37100.00000 USD 1 1/4/2024 1 BG N

SPE7L324C0010 A 0SMN2 ITW GSE INC. 19.000 EA 37100.00000 USD 1 12/22/2023 1 BG N

ITW GSE INC. (0SMN2)

Names of unresponsive vendors:

None. No other known manufacturers or dealers for this item.

Names of vendors and summary of information from responses:

ITW GSE INC. (0SMN2)

Large Manufacturer.

Item is commercial.

Commercial determination:

ITW GSE INC. (0SMN2) stated on their market survey that part number 2400-AP54305-N is a commercial item

An internet search found no listing of sales to the private sector supporting the commerciality of this item. Available internet pricing is limited to used or rebuilt items. New item pricing was found to be only available via request to ITW GSE INC. Product Specialist was consulted and after evaluation determined that part number 2400-AP54305-N is commercial. The Contracting Officer determines that this item is commercial, thus FAR 13.5 procedures will be utilized.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is:

ITW GSE INC. (0SMN2).

11. This item is subject to the following methods of locating additional sources:

Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

12. Previous Justification for Other than Full and Open Competition is attached:

Procurement history reflects awards dating from 12/22/2023 to 01/04/2024. See Attachment for the most recent

J&A (SPE7L324P2144).

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

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

Attachment(s):

1. Memorandum for Record Technical Data Supporting Certification

2. SPE7L324P2144 J&A

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2024.01.12 08:23:11 -05'00'