Flat_Final_JA_SPE7LX23R0113_Redacted.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-0113

[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. FAR Subpait 15 procedures ai·e being used in accordance with 41 U.S.C. 3304.

3. The supplies required to meet the using activity's needs ai-e described as follows:

NSN/P/N BRIEF DESCRIPTION AMC AMSC KID WSIC

1680011101489 SUPPORT,SEAT ASSY 3 C 3 F

1680011101495 HANDLE ASSY,CONTROL 10 3 D 5 T

1680012212676 CUSHION,SEAT BACK,A 179 3 B 3 F

1680012234123 CUSHION,SEAT ,AIRCRA 168 3 D 3 F

1680013219166 SHAFT,ECCENTRIC 130 3 C 5 F

1680013428456 CUSHION,SEAT BACK,A 192 3 D 3 F

1680013885983 CUSHION,SEAT,AIRCRA 113 3 D 3 F

1680013897301 CUSHION,SEAT BACK,A 211 3 C 3 F

1680014503618 BELT,AIRCRAFTSAFET 290 3 D 3 F

1680014712957 CONTROL ASSEMBL Y,PU 38 3 C 3 F

1680014977536 SEAT,AIRCRAFT 29 3 D 5 F

1680015418574 CUSHION,SEAT BACK,A 539 3 D 1 F

1680015562560 HEADREST,SEAT ,AIRCR 332 3 D 3 F

1680015562561 CUSHION,SEAT,AIRCRA 80 3 D 3 K

1680015869339 CUSHION ASSEMBL Y,SE 47 3 D 3 F

1680015926443 CUSHION,SEAT,AIRCRA 134 3 C 3 F

1680015926449 CUSHION,SEAT BACK,A 90 3 D 3 F

1680015993970 HEADREST,SEAT,AIRCR 19 3 D 6 F

1680016178326 SEAT,AIRCRAFT EJECT 38 3 C 5 F

2540015888426 CUSHION,SEAT,VEHICU 266 3 D 1 K

2540015926966 BELT,VEHICULAR SAFE 365 3 D 3 F

3040010986878 CONNECTING LINK,RIG 4 3 D 9 F

3040013397540 CYLINDER,ACTUATING, 67 3 C 3 F

31200134064 53 BUSHING,SLEEVE 98 3 D 5 F

4220014875802 LIFE PRESERVER ACCE 109 3 B 3 T

5315015878390 PIN,SPRING 429 3 D 3 K

5995012212570 CABLE ASSEMBL Y,LONG 3 D 3 F

I -year Estimated Value = 2-year Estimated Value =

Contract Maximum = Contract Minimum =

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P()G: GM6I Bt1eher, 614 692 4221

Source Selection Information - See FAR Part2.J0J and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May2018) cm c011610 Cross-Out

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-0113

Estimated value and contract duration:

The proposed action is for the solicitation and award of a two-year, Finn-Fixed-Price, Indefinite Delive1y Indefinite Quantity type contract. The two-year period is inclusive of one (1) one-year base

- ~ (1) one-year option period. The two-year contract period estimated value is

Identify end item, weapon system, or class of item:

Th ·t d th fi 11 • hi h t 1 1 e 1 ems are use on e O OWllljl g. es eve weapon sys ems 111 e Ir • th A ' F orce, d N yy: a 1ny an

NSN WSIC WSDC W NG NAME

1680011101489 F 40A HELICOPTER, BLACK HA WK UH-60A, UH-60L, HH/UH-60M, UH-60V

1680011101495 T 75F HELICOPTER, HH-60

1680012212676 F EEN E2/C2 ALL SERlES AIRCRAFT

1680012234123 F YLN HELICOPTER, SEAHA WK, H-60

1680013219166 F C4N HELICOPTER HI ALL VERSIONS

1680013428456 F C4N HELICOPTER, HI ALL VERSIONS

1680013885983 F 40A HELICOPTER, BLACK HA WK UH-60A, UH-60L, HH/UH-60M, UH-60V

1680013897301 F E2A AH-64E

1680014503618 F DTF AIRCRAFT, AIRLIFTER C-17 A

1680014712957 F LBA AH-64-D LONGBOW

1680014977536 F 40A HELICOPTER, BLACK HA WK UH-60A, UH-60L, HH/UH-60M, UH-60V

1680015418574 F 40A HELICOPTER, BLACK HA WK UH-60A, UH-60L, HH/UH-60M, UH-60V

1680015562560 F 40A HELICOPTER, BLACK HAWK UH-60A, UH-60L, HH/UH-60M. UH-60V

1680015562561 K YLN HELICOPTER, SEAHA WK, H-60

1680015869339 F YLN HELICOPTER, SEAHA WK, H-60

1680015926443 F YLN HELICOPTER, SEAHA \VK. H-60

1680015926449 F YLN HELICOPTER SEAHA WK, H-60

1680015993970 F C4N HELICOPTER, HI ALL VERSIONS

1680016178326 F C4N HELICOPTER, HI ALL VERSIONS

2540015888426 K 37A FIGHTING VEHICLE SYSTEMS, BRADLEY (BFVS)

2540015926966 F 37A FIGHTING VEHICLE SYSTEMS, BRADLEY ffiFVS)

3040010986878 F 40A HELICOPTER, BLACK HA WK UH-60A, UH-60L, HH/UH-60M, UH-60V

3040013397540 F C4N HELICOPTER. HI ALL VERSIONS

3120013406453 F C4N HELICOPTER, HI ALL VERSIONS

4220014875802 T VVN AVIATION LIFE SUPPORT SYSTEMS

5315015878390 K 37A FIGHTING VEHICLE SYSTEMS, BRADLEY ffiFVS)

5995012212570 F YLN HELICOPTER, SEAHA WK, H-60

The complete list of weapon systems can be found at attachment #1 , CL23097003_ WSDC.

4. The statut01y authority pennitting other than full and open competition is:

[X] 10 U.S.C. 3204( c )(1) - Available from only one or a limited number of sources.

5. Ac uisition is restricted onl to the followino source s of su 1 for the items:

NSN CAGE FIRM:

1680011101489 54786 BAE SYSTEMS LAND &ARMAMENTS L.P.

1680011101495 54786 BAE SYSTEMS LAND &ARMAMENTS L.P. 100005-2

Source Selection Information - See FAR Part2.J0J and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May2018)

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SOLICITATION SPE7LX-23-R-0113

NSN I CAGE I FIRM PART NUMBER

1680012212676 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101006-1

1680012234123 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 100895-1

1680013219166 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101282-1

1680013428456 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101388-1

1680013885983 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101441-1

1680013897301 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101472-1

1680014503618 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 104060-1

1680014712957 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 100614-1

1680014977536 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 108400-1

1680015418574 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 112450-1

1680015562560 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 112454-1

1680015562561 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 112440-1

1680015869339 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 112440-9

1680015926443 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 124070-1

1680015926449 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 124075-1

1680015993970 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 109804-1

1680016178326 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 109827-1

2540015888426 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 122754-1

2540015926966 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 122702-1

3040010986878 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 100023-1

3040013397540 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101401-2

3120013406453 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 101279-1

4220014875802 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 0110221-1

5315015878390 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 122706-1

5995012212570 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 100685

5995012212570 54786 BAE SYSTEMS LAND & ARMAMENTS L.P. 100685-1

The use of the authority cited above:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

[X] AMSC B. This pai1 must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the cmTent version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge ai·e not available to pennit acquisition from other sources, nor qualification testing of another paii, nor use of a second source pait in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights ai·e not in Government possession ai1d cmmot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs I or 2 ai·e valid.

[X] AMSC C. This paii requires engineering source approval by the design control activity in order to maintain the quality of the pait. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the paii from the approved source(s). The approved source( s) retain data rights, manufacturing knowledge, or technical data that are not econ01nically available to the Gove1mnent, and the data or knowledge is essential to maintaining the quality of the pait. An alternate source must qualify in accordai1ce 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 pait in the intended application. If one source is approved, AMCs 3, 4, or 5 ai·e valid. If at least two sources ai·e approved or if

Source Selection Information - See FAR Part2.J0J and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May2018)

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SOLICITATION SPE7LX-23-R-0113

Source Selection Information – See FAR Part 2.101 and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018) P a g e | 4

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data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

[X] AMSC D. The data needed to acquire 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. AMCS 3, 4, or 5 are valid.

[X] Other: (Explain) Per the approved manufacturers’ list for these NSNs in SAP (as received from the Defense Logistics Information Services), only CAGE 54786 has been identified as having the proper complete technical data and manufacturing expertise to supply the items to DLA and the using military services. The NSNs have a highest WSIC code of F or T, indicating that failure will render the end item inoperable (WSEC 1); or code K, indicating that failure will not render the end operable (WSEC 3). These items are replacement parts incorporated into multiple types of helicopters and aircraft, and in the Bradley Fighting Vehicle. The Government does not have rights to the technical data or the rights to use the data for fully open and competitive acquisitions. Therefore, competition must be limited to offers of the product of CAGE 54786. A technical review in support of a potential LTC was performed in May and June 2023. The NSNs were determined to be suitable for an LTC at that time by SAPD’s product specialists. The product specialist certified on 06/29/2023, 08/03/2023, and 09/21/2023 that the technical information, including the AMC/AMSC codes and approved sources, are complete and accurate. See attachment #2, New Tech Cert-CL23097003 09212023, and attachment #3, Tech Cert-CL23097003 add-on 015562560.

Based on the procurement history and a technical review, the solicitation will be issued as an other than full and open acquisition, in accordance with Federal Acquisition Regulation (FAR) 6.302-1. All these NSNs show CAGE 54786 / BAE Systems Land and Armaments, L.P. as the only approved source and original equipment manufacturer (OEM) for them. Twenty-four (24) NSNs are currently covered by long-term contract SPE4AX-19-D-9401, which expires 03/25/2025. However, the NSNs do not have pricing established for 2023, 2024, or 2025, and this project will replace the D-9401 contract for these items. The remaining three (3) NSNs are not covered by a long-term contract. DLA will award this requirement on an NSN-by-NSN basis, with each line being awarded to the best value offeror for that line. A separate contract may be awarded to each successful offeror, and any resulting contract may include more than one NSN.

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

[X] The acquisition will be synopsized on or about 09/01/2023 for 15 days. At the completion of the synopsis period, this acquisition will be solicited for a minimum of 30 days via the DLA Internet Bid Board System (DIBBS).

[X] Other. A sources sought notice was posted to www.SAM.gov on 07/25/2023 and closed on 08/04/2023. No responses were received to the source sought notice.

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

This will be a two-year, firm fixed price, indefinite delivery indefinite quantity type contract. The two-year period is inclusive of one (1) one-year base period and one (1) 1-year option period. As such, the price analysis for the future years will be based on the Global Insights Producer Price Index (PPI)

SOLICITATION SPE7LX-23-R-0113

forecasts. The Global fusights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost strncture and better negotiate supplier quotes.

Based on the results of market research, the buyer anticipates receiving only one offer of one approved manufacturer's pa.it s. Adequate price competition is not expected to exist at time of evaluation of proposals. The buyer anticipates using analysis of ce1tified cost/price data in addition to comparison to past reasonable purchases (adjusted for passage of time and quantity sensitivity) to suppo1t a reasonableness detennination.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Mai·itime conducted various fonns of market research including the publishing of a fonnal Sources Sought notice and market survey to www.sam.gov. The approved manufacturer was contacted by the contracting officer regarding interest in a potential L TC and provided completed survey documents to the contracting officer.

Sources Sought Notice:

On 07/25/2023, a Sources Sought notice was posted to www.sam .gov, which also contained attached market survey documents. The date of return referenced on the sources sought notice was 08/04/2023. The sources sought notice contained the list ofNSNs. As of 08/07/2023, no sources responded to the notice.

Mai·ket Reseai·ch Conclusion:

A market smvey was conducted: 04/03/2023 - 07/25/2023 Names of vendors contacted and responding:

a. 54786 I BAE Systems Land and Ann aments L.P. - responded.

Techniques used to conduct smvey: E-mail, telephone.

Types of infonnation requested: Commerciality, Length of Contract, FOB, Delive1y & General infonnation questions.

Smnmaiy of info1m ation received:

CAGE 54786 I BAE Systems Land ai1d Annaments L.P. - responded.

The market smvey sought and gathered info1m ation including, but not limited to, commerciality, option periods, quantity/price breaks available, and certified cost/price data capability.

1. CAGE 54786 / BAE Systems Land and Almaments L.P. responded with completed market smvey documentation. The indicated the followino:

• They ai·e interested in the acquisition

• They ai·e a large manufacturer with 225

• • • • LTC,

Source Selection Information - See FAR Part2.J0J and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May2018)

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SOLICITATION SPE7LX-23-R-0113

Source Selection Information – See FAR Part 2.101 and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018) P a g e | 6

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All NSNs have minimum quantities Lead times vary by NSN

Information received regarding the commerciality of the items: MM03 COTS field for all but one NSN either has no entry (is blank), indicating the technical community has not made any recommendation regarding the commerciality of the items; or has an entry of N, indicating that the technical community has recommended that the item be determined non-commercial. One NSN, 1680-01-450-3618, has an entry of Y in that field, indicating that the technical community has recommended that the item be determined commercial. BAE Systems Land and Armaments L.P. does not consider these items to be commercial in nature. The contracting officer researched these items in Google. These specific part numbers and NSNs were not found to be available for purchase by the public from the manufacturer directly via Internet e-commerce or through dealers. While some NSNs were available through eBay or a government surplus dealer, neither of those sources would be acceptable for a long-term contract.

See attachment #4, CL23097003 Google results. While the one NSN has a COTS field entry of Y, given the lack of evidence in public information sources, the approved source’s declaration that they do not consider the items to be commercial, and no previous commercial acquisitions, the contracting officer is choosing to forego the recommendation from the technical community and keep the item non-commercial. Lastly, the contracting officer has determined that the remaining items do not meet the FAR Part 2.101 definition of a “commercial product” under (1)(i) or (ii), or (3)(i), and the acquisition will be conducted under FAR Part 15, Contracting by Negotiation. Finally, none of the NSNs are listed on any GSA Federal Supply Schedules.

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

[X] Based upon the technical certification on file in DLA Land and Maritime –VEP 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) BAE Systems Land and Armaments, L.P. / CAGE 54786.

11. These items are subject to the following methods of locating additional sources:

[X] The solicitation contains DLAD Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items. These notes apply to all NSNs except 1680-01- 221-2676 and 4220-01-487-5802. Those two NSNs are covered by DLA Procurement Note L22, Restriction of Alternate Offers for Source-Controlled Items.

[X] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. Previous subsumable contract SPE4AX-19-D-9401 was covered by the class J&A signed by the Senior Procurement Executive for contract SPE4AX-15-D-9414, per the D9401 signing contracting officer. The J&A for SPE4AX-15-D-9414 is attached.

Approvals appear below.

SOLICITATION SPE7LX-23-R-0113

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.

O;gilalysq,edby

11. · 71 / ,:?. A I.. . . BUCHER.CARa..M.1267565690 l/1/1>(.. Z,)Ul/1,,(,//,,,; ON c US. o U.S. Gowmrrerc.

' oo 000, oo PKl. ou DLA ai BUCHERCAROLM.1267565690

Carol M. Bucher Contracting Officer

APPROVAL/CERTIFICATION

09/21/2023

Date

I have reviewed and approve this justification. The estimated total value of the J&A is

DAPO.DOUGLA c;g;1311ysignedt,y

S.A.1230220014 =~~~.~~=·~ Competition Advocate Signature

Date

[X] $750,000 to $15,000,000

APPROVAL REQUIREMENTS

Competition Advocate

Attachments:

CL23097003 WSDC

New Tech Ce1i-CL23097003 09212023 Tech Cert CL23097003 add-on 015562560 CL23097003 Google results J&A SPE4AX1 5D9414 (Umbrella contract)

Source Selection Information - See FAR Part2.J0J and 3.104.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May2018)

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