D19F0090D1 JA Amendment 2 September 2020 (1) -- KO SIGNED 9 SEP 2020.pdf

PDF 194 KB Posted

Attached to
Cooler Reservoir Federal contract opportunity
Solicitation number
SPRRA2-19-R-0062
Issued by
Defense Logistics Agency Aviation

About this file

This document is a justification for other than full and open competition on a federal contract. The Defense Logistics Agency Aviation awarded a sole source contract to Raytheon Company on December 22, 2020 for 800 cooler reservoirs at a price of $9,103,763. The justification cites an unusual and compelling urgency due to a backlog of 400 parts growing to 512 parts within the Issue Priority Group 1 deadline. The requiring activity stated the military services would be seriously injured if the contract award was delayed. Market research did not find any other suppliers that could meet the needs within the time required. Efforts will continue to identify potential new sources and overcome barriers to competition for future acquisitions.

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AVN Form S54, OCT 2015 FOR OFFICIAL USE ONLY 1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR UNUSUAL AND COMPELLING URGENCY

1. Agency: _________________________________________ Contracting Activity: _______________________________________ Document Identification Number: _______________________ Solicitation Number: _______________________________________

☐ FAR Part 15 ☐ FAR Part 12 ☐ FAR Part 13.5

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis due to unusual and compelling urgency.

☐ New Action ☐ Amendment: _______________________________________________________

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

BRIEF DESCRIPTION NSN/PN QUANTITY ESTIMATED VALUE

*If too numerous, attach list of NSNs and AMSC codes.

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(2) – Unusual and Compelling Urgency.

Delivery in Days __________________________________________

Current IPG1 Backorders __________________________________________ Projected IPG1 Backorders __________________________________________

5. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services within the timeframe allowed to meet the exigency. Source(s) are:

CAGE COMPANY NAME

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

☐ The acquisition will be synopsized on or about _________________ and any firm requesting a solicitation copy will be provided one.

☐ A synopsis exception cited in FAR 5.202 applies: (Explain) ________________________________________________

☐ Manufacturers of similar products identified in the market survey will be solicited.

☐ Dealers of the manufacturers will be solicited.

☐ Other: (Explain) ___________________________________________________________________________________

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

8. A market survey as defined by FAR 10:

☐ was conducted, and firms indicating an interest in the acquisition will be solicited. Market research efforts, include:

☐ was not conducted due to the unusual and compelling urgency of the requirement.

DCS9817

Sticky Note Is this a commercial item? if not than certified cost or pricing data should be used. There is verbiage provided by legal that generalizes this statement so that it doesn't need to be changed regardless of the pricing information required. Additionally, will you space this out to allow for better reading. it is hard to read the second line.

AVN Form S54, OCT 2015 FOR OFFICIAL USE ONLY 2

☐ was not conducted due to: ___________________________________________________________________________

9. Additional facts supporting unusual and compelling urgency resulting in other than full and open competition are:

☐ The requisitioner has assigned a priority designator within Issue Priority Group (IPG) 1.

☐ The requisitioner has also cited an expedited handling signal of 999m N__, or E__, or an Office of the Secretary of Defense/Joint Chiefs of Staff project code beginning with a “9”.

☐ As stated in the attached certification by the requiring activity, the Military Services will be seriously injured if contract award is delayed. The extent and nature of harm are detailed in the attached certification.

☐ Other: ___________________________________________________________________________________________

10. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

11. The actions, being taken to overcome barriers to competition before any subsequent acquisition are made: (Explain)

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION – FAR 6.304

☐ not exceeding $700,000……………………………………. Contracting Officer ☐ over $700,000 not exceeding $13,500,000………………... Competition Advocate

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION – FAR 6.302-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION – DLAD 1.691(e)(ii) DLA Counsel Aviation has reviewed the information contained in this justification and has concluded it is legally sufficient.

Name and Title Signature Phone Date

CONTRACTING OFFICER – FAR 6.303-2(b)(12) 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 $700,000, this signature serves as the approval.

Name and Title Signature Phone Date

COMPETITION ADVOCATE – FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.501 has reviewed and approved this Justification for a proposed contract over $700,000 but not exceeding $13.5 million.

Name and Title Signature Phone Date

FOR UNUSUAL AND COMPELLING URGENCY: DLA Missile Huntsville
Contracting Activity: AHCA
Document Identification Number: D19F0090D1
2 The action being approved is the acquisition of suppliesservices on other than a full and open competition basis due to unusual and: INCREASE QUANTITY FROM 400 TO 800, INCREASE PRICE FROM $1,480,732 TO $9,103,763
BRIEF DESCRIPTION 1: COOLER RESERVOIR AS
BRIEF DESCRIPTION 2:
BRIEF DESCRIPTION 3:
NSNPN 1: 1440-01-451-5825/481-200571
NSNPN 2:
NSNPN 3:
QUANTITY 1: 800
QUANTITY 2:
QUANTITY 3:
ESTIMATED VALUE 1: $9,103,763.00
ESTIMATED VALUE 2:
ESTIMATED VALUE 3:
4 The statutory authority permitting other than full and open competition is 10 USC 2304c2 Unusual and Compelling Urgency: 719
Current IPG1 Backorders: 400
Projected IPG1 Backorders: 512
CAGE 1: 15090
CAGE 2:
CAGE 3:
CAGE 4:
COMPANY NAME 1: RAYTHEON COMPANY
COMPANY NAME 2:
COMPANY NAME 3:
COMPANY NAME 4:
6 Efforts to ensure that offers are solicited from as many sources as practicable are:
undefined: In accordance with FAR 5.202 (a)(2): The Contracting Officer need not submit the notice required by 5.201 when it is determined
A synopsis exception cited in FAR 5202 applies Explain 1: that the proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.
A synopsis exception cited in FAR 5202 applies Explain 2:
Dealers of the manufacturers will be solicited:
Other Explain 1:
Other Explain 2:
undefined_2:
7 I hereby determine that the anticipated cost to the Government will be fair and reasonable Explain 1: The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-4, the contractor will be required to provide cost and pricing data
7 I hereby determine that the anticipated cost to the Government will be fair and reasonable Explain 2: to be used in supporting the government's evaluation of the proposed cost. The proposed pricing will be negotiated in accordance with FAR Part 15. Based on foregoing,
7 I hereby determine that the anticipated cost to the Government will be fair and reasonable Explain 3: the Contracting Officer hereby determines the anticipated cost to the Government will be fair and reasonable.
was conducted and firms indicating an interest in the acquisition will be solicited Market research efforts include 1: Market research as defined in FAR 10.001 was conducted. This item appeared in the Competition Advocate Shopping List; however, it does not have a publish date.
was conducted and firms indicating an interest in the acquisition will be solicited Market research efforts include 2: It has been determined that the Government's needs cannot be met by an item available in the commercial marketplace; therefore, FAR Part 12 will not be used.
was not conducted due to:
1:
2:
Other 1: The requisitioner has assigned a Processing Priority: 02
Other 2:
Other 3:
CAGE 1_2: NONE
CAGE 2_2:
CAGE 3_2:
CAGE 4_2:
COMPANY NAME 1_2: NONE
COMPANY NAME 2_2:
COMPANY NAME 3_2:
COMPANY NAME 4_2:
11 The actions being taken to overcome barriers to competition before any subsequent acquisition are made Explain 1: A sources sought was posted to FBO on 07/25/2019. No responses were received. This is a continuous method of identifying potential new sources of supply.
11 The actions being taken to overcome barriers to competition before any subsequent acquisition are made Explain 2: Firms are encouraged to seek source approval in order to compete for future solicitations by accessing the website http://amcomdmz.redstone.army.mil/casl_cmo/casl_cmo_samsar
11 The actions being taken to overcome barriers to competition before any subsequent acquisition are made Explain 3: and looking under Standardized Aviation and Missile source Approval Request (SAMSAR). This action was not synopsized IAW FAR 5.202(a)(2).
11 The actions being taken to overcome barriers to competition before any subsequent acquisition are made Explain 4: Currently, there are no outstanding qualification requests on this item; however, this a continuous method of identifying potential new sources of supply.
Name and Title: William Muldoon
2020-09-03T11:49:25-0500
MULDOON.WILLIAM.C.JR.1011747384
Phone: 256-309-8313
Date: 3 SEP 2020
Name and Title_2: Justine R. Kirk, Contracting Officer
2020-09-03T10:51:10-0500
KIRK.JUSTINE.R.1386257090
Phone_2: 256-690-5424
Date_2: 3 SEP 2020
Name and Title_3: Carmen Smith, Competition Advocate
Phone_3: 256-690-5444
Date_3:
Check Box1: Yes
Check Box2: Off
Check Box3: Off
Check Box4: Off
Check Box5: Yes
Check Box6: Off
Check Box7: Yes
Check Box8: Off
Check Box9: Off
Check Box10: Off
Check Box11: Yes
Check Box12: Off
Check Box13: Off
Check Box14: Off
Check Box15: Off
Check Box16: Off
Check Box17: Yes
Check Box18: Off
Check Box19: Yes
Solicitation Number: SPRRA2-19-R-0062

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