CA signed--JA SPE7MX-20-R-0089 redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0089

[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/P/N QUANTITY

(ADQ)

EST. VALUE

(ADV)

AMC/AMSC

FILTER ELEMENT 4330-01-478-8507 713 1R

Identify end item, weapon system, or class of item: This NSN has a Weapon System Designator Code (WSDC) of A4F (QF-16 Drone) and MVF (Joint Stars Target Radar System).

ESTIMATED 2 YEAR BASE VALUE

ESTIMATED 5 YEAR VALUE (BASE + OPTIONS)

CONTRACT MAX

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

[X] 10 U.S.C. 2304(c) (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:

CAGE SOURCE PART NUMBER

75906 Pacific Consolidated

Industries 791881-001

3NNX8 Brighton Cromwell BCA1022

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase 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 this item, AMCs 3,4 or 5 are valid. If at least two sources are approved, AMCs 1 or 2 are valid.

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

There are only two approved sources for this item, CAGE 75906, Pacific Consolidated Industries and CAGE 3NNX8, Brighton Cromwell. These Sources are uniquely qualified because they are the only sources that possess the necessary technical data to manufacture the item. A review of this item reveals that the drawings associated with this part cannot be made available to the general public and only Pacific Consolidated Industries and Brighton Cromwell are currently authorized to access the drawings and the data.

The Product Specialist reviewed the AMC/AMSC coding and confirmed it was complete and accurate on 3/23/2020. The Product Specialist stated this NSN is critical & also weapons system with an AMC/AMSC of 1R.

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

[X] The acquisition was synopsized on FEDBIZOPPS on 3/24/2020 [X] Other: A sources sought was posted on FEDBIZOPPS on 1/15/2020. Market research surveys were also sent via e-mail.

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

Cost or pricing data in accordance with (IAW) FAR 15.403-1(b) (1) will be not be requested as adequate competition is expected. The proposed prices will be reviewed for fairness and reasonableness using price analysis based on comparison of the offer received with the past buy history and movement of the Producer Price Index. If needed, other than cost and pricing data may be requested for pricing support. Based upon the above techniques, the contracting officer hereby anticipates that costs to the Government will be determined fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f) (3) (D)]:

A market survey was sent out on 01/17/2020 Total number of vendors contacted: (3):

INTEGRATED PROCUREMENT

TECHNOLOGIES (4K0V2)

PACIFIC CONSOLIDATED INDUSTRIES

(75906)

BRIGHTON CROMWELL (3NNX8)

Both Integrated Procurement Technologies and Pacific Consolidated Industries indicated they were interested in bidding on a long-term contract for this item, but did not fill out a market survey. Brighton Cromwell also indicated they would be interested in bidding on a long term contract (they became an approved manufacturer in November 2019) and did return the market survey.

Techniques used to conduct survey: E-mail to include a Market Survey questionnaire, an excel spreadsheet and posting a Sources Sought. Sources Sought was posted on 01/15/2020 and market surveys were sent on 01/17/2020. No responses were received to the sources sought notification however, Brighton Cromwell did return a completed market survey.

Types of information requested: The companies were asked a series of questions to include; if they were interested in a long-term contract, would a three-year base period be acceptable, the preference between FFP or EPA price adjustment, to provide their stock delivery, state if the item is commercial, indicate the amount of option years they would be willing to quote.

The results of market research received from Brighton Cromwell:

Brighton Cromwell is a Small Business manufacturer for this item Interested in a Long-Term Contract The item is not commercial A minimum order does not apply There are no production limitations

Information received regarding the commerciality of the item(s):

The buyer conducted an internet search for the item and results show that item is not commercial. Review of the COS field of the CTDF indicates the following: NSN COS field value 4330-01-478-8507 was coded as “No”.

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

[X] Based upon the technical data pull information; The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them. All means to obtain a technical data package adequate for manufacture of the item have been exhausted.

[X] Other: The NSN included on this solicitation was reviewed by the Strategic Acquisition Programs Directorate (SAPD) Product Specialist during the project development phase. No additional sources were identified during that review.

10. Previous J&A Recommendation: A previous J&A could not be located in records management.

[X] Procurement history and internet searches do not reveal any other manufacturing sources

11. A listing of sources, if any, indicating an interest in the acquisition is: Pacific Consolidated Industries, Brighton Cromwell and Integrated Procurement Technologies.

The following actions are being taken to identify additional sources:

12. Other: The Solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items, and Procurement Note L04, Offers for Part Numbered Items.

[X] Other: Synopsizing solicitation on FedBizOpps.