7.09_JA_N0010421RD009_Redacted.pdf
PDF 157 KB Posted
- Attached to
- 10 NIINs - Repair of MK38
- Solicitation number
- N0010423DC701
About this file
This is a Justification for Other Than Full & Open Competition (J&A) submitted by the Department of the Navy, NAVSUP WSS, for a C1 Repair LTC contract action.
The Navy seeks to negotiate and award a repair contract for various C1 components through other than full and open competition, with performance scheduled for 24 months (8/11/2022-8/10/2024). The justification is based on 10 USC 2304(C)(1) under FAR 6.302-1, citing that only one responsible source—BAE SYSTEMS LAND & ARMAMENTS LP (CAGE 44114)—can satisfy agency requirements. The Government does not own the technical data necessary for competitive acquisition, and reverse engineering has been determined uneconomical. Market research conducted in accordance with FAR Part 10 included searches of ITIMP, WebFLIS, and ERP databases using multiple criteria (part number, design control activity, cage code, NSN, nomenclature, and historical sources). A Request for Information/Sources Sought Notice was posted on 08/12/2021 and closed on 12 August 2021 with no responses received. The contract was synopsized on 09/13/2021. The contracting officer determined the anticipated cost will be fair and reasonable, with final determination made prior to award. To promote future competition, NAVSUP WSS will continue encouraging vendors to submit technical data packages for source approval and will advertise future requirements on the government-wide point of entry. The J&A was created 07/22/2021 and received final approvals including Competition Advocacy Review (09/15/2021), Legal Sufficiency Review (09/17/2021), and FAR 6.304 Approval (09/20/2021).
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Text version
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
Estimated Value
Ship To
Line of Accounting
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 3
Acquire, for the second or subsequent time, directly from the actual manufacturer.
A/RMSC D,R
The data needed to acquire/repair this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation.
A/RMCS 3, 4, or 5 are valid.
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
BAE SYSTEMS LAND & ARMAMENTS LP (44114). Based on the market research performed by the technical representative, it is concluded that the only source of repair is BAE SYSTEMS LAND & ARMAMENTS LP (44114). It has been deemed uneconomical to pursue the acquisition of the technical data. There are no authorized substitutes of this item as this is the only item known to meet performance and compatibility requirements. The government does not own the technical data needed to support full and open competition. There is one approved source listed in ITIMP and in WebFLIS: BAE SYSTEMS LAND & ARMAMENTS LP (44114). All previous repairs for this item in ITIMP were awarded to BAE SYSTEMS LAND & ARMAMENTS LP (44114).
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 08/12/2021 and as a result The Sources Sought Notice was closed on 12 August 2021 with no responses were received.
The proposed contract action was synopsized on the government-wide point of entry on 09/13/2021 and as a result .
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
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, WebFLIS 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 source for this item is BAE SYSTEMS LAND & ARMAMENTS LP (44114). If a company other than the one listed believes they have a compatible product, 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. The review in ITIMP included reviewing award history and other potential sources of repair, AMC/AMSC code, part number, CAGE code. In ERP, the search criteria included part number, design control activity, CAGE code, NSN, Nomenclature, AMC/AMSC, AAC, and Criticality Coding, which all matched with ITIMP.
The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable. Prior to contract award a final fair and reasonableness determination will also be made.
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.
For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.
Previous J&A selected="selected" No Previous J&A - See reasoning below
N/A
Created By Jared Briggs Work Function Reprocurement Technician Created Date 07/22/2021
22-JUL-21
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 Megan Wineberg Work Function Reprocurement Technician Requirements Cognizance Signature Date
07/27/2021
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 07/26/2021
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Contracting Officer Certification Signature Jason Horne Work Function Supervisor
Contracting Officer Certification Signature Date 08/17/2021
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
09/15/2021
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
09/17/2021
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
Adam Johnson Work Function Competition Advocate Approval Required By Far 6.304 Signature Date
09/20/2021
File details come from the government source that posted it. Updated .