FD20202200044_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

1. Agency: DLA Aviation Ogden ContractingActivity: _o_o_-D_ LA_-_A_UB _____________ _

Document Identification Number: rn20202200044-01 l✓ I FAR Pait 15 □ Solicitation Number: _s_P_RH_ A_ 1-_22_-_R-_o_oj==

FAR Part 12 FAR Pait 13.5

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

l✓ I New Action □ Amendment: ________________________ _

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

BRIEF DESCRIPTION

Wheel, Landing Gear

*If too numerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSNIPN

1630-00-914-1329

4. Tlpe , fContract(mayinclude numberofbase years) Finn Fixed Price

✓ will not include an option.

QUANTITY

ESTIMATED VALUE

will include a _____ % option for increased quantity. Total estimated dollar value of option quantity is$ _____ _ will include an option to extend the tenn of the contract for a period of ____ .months, exercisable in increments of

___ months. Total estimated dollar value of all option periodsis $ . The maximum dollar value of all option periods is $ ______ _

The total estimated dollar value of this acquisition is: (inclusive of any options) $---------------The maximum dollar value of this acquisition is: (inclusive of any options)$

5. The statuto1y authority permitting other than full and open competition is 10 U.S.C. 2304( c)(l) - Available from only one or limited number of sources.

6. Effo1ts to improve DoD Competition in accordance with DFARS 206.303-2:

I ✓ IA sources sought notice or Request for Infonnation (RFI) in accordance with DFARS PGI 206.302-l (d) was posted in Contract Oppo1tunities on °7 January 2022 . Results of the sources sought notice/RF! resulted in the following:

Response received from NMG Aerospace, however the data is proprietaiy and the government is unable to provide the data to interested vendors.

DA mass sources sought notice which included NSN(s) _______________________ _ was posted to Contract Opportunities on. _______ . Date must be most cmTent Contract Oppo1tunities posting (i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RFI was approved by the HCA or designee on. __________ and is hereby attached.

7. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services.

Source(s) are:

A VN Form S53, OCT 2020

CUI

Controlled by: DLA Aviation Ogden Controlled By: OO-DLAIAUB CUI Category: Procurement Distribution/ Dissemination Control: FED ONLY

POC: -

CAGE CUI COMPANY NAME

23233 Jay-Em

The use of authority 10 U.S.C. 2304(c)(l) is based on:

B AMCl .

AMC2.

IZ) AMC3.

□ AMC4.

0 AMC5.

□AMSCA.

l ✓ I AMSCB.

□AMSCC.

□ AMSCD.

□AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSCU.

□AMSCV

□AMSCY.

□AMSCZ.

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

Acquire, for the second or subsequent time, directly from the manufacturer.

Acquire, for the first time, directly from the manufacturer.

Acquire directly from the sole source contractor, who is not the manufacturer.

The Government' s right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

This must be acquired from a manufacturing source( s) specified on a source control drawing.

This pa1t required engineering source approval by the design control activity in order to maintain the quality of the part.

The data needed to acquire this pa1t is not economically available.

The Government does not have sufficient, accurate, or legible data to purchase this pa1t from other than the cwTent source. This code is under review and will be updated when the review iscomplete.

This pa1t must be produced from class 1 castings under MIL-STD-2175.

The annual buy value of this pa1t falls below the screening threshold established by DoD.

Manufacture of this part requires use of master or coordinated tooling.

Manufacture of this pa1t requires special test and/or inspection facilities to maintain function or system integrity.

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 othe1wise obtained.

The Government does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

The Government does not own the data or rights to the data needed to purchase this part from another source. It is not economical to procure the data or rights to the data.

Acquisition ofthis item is restricted to Government approved sow·ce(s) because the item involves military sensitive technology.

The cost to the Govemment to breakout this pa1t and acquire it competitively has been determined to exceed the projected savings over the life span of the pa1t.

This part has been designated a high reliability part. Probability of failure would be unacceptable. The engineering activity has detennined that data to define and control reliability limits cannot be obtained.

The design of this pa1t is unstable. Engineering, manufacturing, or perfonnance characteristics indicate that the required design objectives have not been achieved.

This part is a commercial/no-developmental/off-the-shelf item.

l✓ I Other:

Only Jay-Em owns complete data to manufacture subject NSN.

NOTE: A technical certification is required for acquisitions over $15 million

A VN Form S53, OCT 2020

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8. Effo11s to ensure that offers are solicited from as many sources as practicable are:

I✓ I The acquisition will be synopsized onor about 7 January 2022 and any fum requesting a solicitation copy will be provided one. D 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) __________________________________ _

9. I hereby detennine that the anticipated cost to the Government will be fair and reasonable. (Explain) IAW FAR 15.404 other than certified cost and price.

10. A market survey as defined by FAR 10:

I✓ I was conducted, and fu1US indicating an interest in the acquisition will be solicited. Market research effo1ts, include:

The 4 17th completed the following market research: RFI/SSS posted to Sam.gov, a review of commercial catalogs, review of procurement history, government corporate knowledge, review of Internet databases (google, thomasnet, Haystack Gold), review of government screening documents (761).

Based on the market research conducted, there is a high level of confidence that there are no additional sources capable of satisfying the agency's need for this proprietary item nor are there any other commercial or nondevelopmental items which could be utilized to meet needs or which could be modified to meet the needs. D was not conducted due to:------------------------------------

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

[Z]

Based upon the technical certification on file, technical data is not available and cannot be developed to pennit full and open competition. The data presently available reflects the minimum needs of the Govemment.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in

6.302-l(a)(2)(ii)(A), an estimate if the cost to the Govemment that would be duplicated and how the estimate was derived: 4 17th Basis of estimate: in duplication costs and 7 years to break even

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l (a)(2)(ii)(B), describe the unacceptable delays: ________________________ _

Other:------------------------------------------

A VN Form S53, OCT 2020

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12. A listing of somces, if any, indicating an interest in v.•riting in the acquisition are: (if none, state none)

CAGE COMPANY NAME

NMG Aerospace

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain) The Air Force regularly inquires the manufacturers in regards to sharing or selling the proprietary data rights for use in free and open solicitations.

Fwthennore, the Air Force regularly performs analysis to determine the feasibility and cost effectiveness of reverse engineering the proprietary technology.

The government inquired the purchased of technical data December 2021, but supplier responded they are not interested in negotiating engineering data.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION - FAR 6.304

O notexceeding $750,000 . ... ........ ...... ........ ........ ...... ........ ...... .. . Contracting Officer [ZJ over $750,000 not exceeding $15,000,000 .. . .. ...... ........ .... .. .. Competition Advocate LJ over $ 15,000,000 not exceeding $100,000,000 ...... ...... ...... ..... Head of Contracting Activity

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)(3)(i) DLA Counsel A via ti on has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to

10 U .S.C. 2304(c)( !) and FAR 6.302-1 for sole source tactical acquisitions for NSNs in the federal supply system at or below $ 15 million. For acquisitions ab ove $15 million, signature of the Aviation Deputy Chief Counsel is required to d ocument legal sufficiency:

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 $750,000, this signature serves as the approval.

Rocky Tello, PCO TELLOROCKY.E■ o;s;i.1y signE<fby

- ~~~~~:.'09 !1£l!J fa.r --- 9 June 2022 Name and Title Signature Phone Date

COMPETITION ADVOCATE- FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.50 I has reviewed and hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If over $750,000, but not exceeding $ 15 million this signature serves as the approval.

Kristina Lenderman, Competition Advocate

Name and Title

LENDERMAN.KRISTIN ..,,.. _.,

AMARIEI I ~~= ... :

Signature

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3)

--- 06/09/2022

Phone Date

The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $ I 5 million, but not exceeding$ I 00 million.

Name and Title Signature Phone Date

A VN Form S53, OCT 2020

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