4.1 7005277285 REDACTED JA.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L124R0013

Controlled by: DLA Land and Maritime Controlled by: [FLSCD]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: [DANIELLE.HIXENBAUGH@DLA.MIL]

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

CUI

[ 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/services on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

GEAR SPUR 3020-011837286 142 EA $ 3-P

Identify end item, weapon system, or class of item: AIRCRAFT, EAGLE F-15

ESTIMATED BASE VALUE: $

MAXIMUM 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: EATON (59875) 217158-1

a. EATON (59875) is uniquely qualified because it is the only known source with the data or rights necessary to manufacture this item.

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 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.

Product Specialist, , certified the technical certification on 1/18/2024:

This item is an AMC/AMSC of 3/P. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. There is no outstanding DLA Form 339 request for additional sources.

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

[ X ] The acquisition will be synopsized for 15 days prior to solicitations opening on DIBBS [ X ] The acquisition will be posted on DIBBS for 30 days

SOLICITATION SPE7L124R0013

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

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 offeror’s proposal 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:

A sources sought was published on SAM.GOV on 1/25/24 for 5 business days. No responses were received.

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

[ X ] A market survey was conducted on/during: 1/19/2024 Total number of vendors contacted: 2 (Jamacia Bearings CO INC, MCI Solutions) Names of vendors contacted and responding: 0 Techniques used to conduct survey: email Types of information requested: Business size, manufacturer or dealer, commerciality, price breaks, minimum order quantity, and estimated delivery Summary of information received: No surveys were returned Information received regarding the commerciality of the item(s): The COTS field, generated by the Product Specialist has an “N”. CID was checked and no results were returned. GSA Advantage was checked and no results were returned. Market research did not yield any readily available published catalog price lists, schedules, or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor, and that are available to the public for inspection. There is no evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Therefore, the Contracting Officer determines this item to be non-commercial, thus FAR 15 procedures will be utilized.

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

[ X ] Based upon the attached technical certification, 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: None

11. The following actions are being taken to identify ad0ditional sources:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification: Previous J&A is attached for solicitation SPE7L123R0046.

SOLICITATION SPE7L124R0013

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

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

[ ] Up to $750,000 Contracting Officer

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

[ ] Over $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 Data Supporting – Limited Source

2. J&A from previous contract (SPE7L124C0011)

WHITING.MONICA.L.1378381815 Digitally signed by WHITING.MONICA.L.1378381815 Date: 2024.03.22 09:02:35 -04'00'

WIEBUSCH.JAMIE.1251897324 Digitally signed by WIEBUSCH.JAMIE.1251897324 Date: 2024.03.26 12:30:36 -04'00'