4.1 7005990411 REDACTED J&A.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L124R0027

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)

[ 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.

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

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

BARREL SET, 20 MM 1005-014733194 36 SE C

Identify end item, weapon system, or class of item: AIRCRAFT, F/A-18, A - D, E/F, G (GROWLER)

ESTIMATED BASE VALUE: $

ESTIMATED TOTAL VALUE (BASE + 100% OPTION QTY): $

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:

a. GENERAL DYNAMICS-OTS, INC. 05606 P/N 9916499-10

b. They are 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 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

DDH0120

Sticky Note Accepted set by DDH0120

SOLICITATION SPE7L124R0027

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

Product Specialist, , certified the above information is complete and accurate on 2/27/2024.

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

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

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

a. 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:

Sources Sought was posted on SAM.GOV along with a market survey on 2.28.24 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: February 27, 2024 Total number of vendors contacted: 2 (General Dynamics-OTS, INC. CAGE 05606 and BAE System CAGE 94117) Names of vendors contacted and responding: 1 (General Dynamics – CAGE 05606) Techniques used to conduct survey: E-MAIL Types of information requested: Business size, manufacturer or dealer, commerciality, price breaks, minimum order quantity , and estimated delivery Summary of information received: General Dynamics is a large business and the manufacturer of the item. They prefer to deal with the government than with a dealer.

Information received regarding the commerciality of the item(s): The COTS field is listed as “N”. 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 general 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.

SOLICITATION SPE7L124R0027

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

10. A listing of sources, if any, indicating an interest in the acquisition is: General Dynamics (05606)

11. The following actions are being taken to identify additional 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. See attached J&A for SPE7L324C0002P00001

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

Attachment(s):

1. Technical Data Supporting Limited Sources

2. J&A for SPE7L324C0002P00001

WHITING.MONICA.L.1378381815 Digitally signed by WHITING.MONICA.L.1378381815 Date: 2024.04.17 10:22:27 -04'00'

WIEBUSCH.JAMIE.1251897324 Digitally signed by WIEBUSCH.JAMIE.1251897324 Date: 2024.04.23 14:00:49 -04'00'