J A 7002175183 FOIA redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M523R0020 / PR 7002175183

The use of the authority cited is based on 10 U.S.C. 3204(a)(1):

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

[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 two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

A Technical Referral was sent to the Product Specialist to validate the AMC/AMSC code and source of supply.

On 4/27/2023, the Product Specialist confirmed the AMC/AMSC of 3/R and confirmed the item has one approved source, Rockwell Collins (13499) and (95105). There are no other sources of supply for this material.

The Product Specialist certified the above technical information, is complete and accurate on 4/27/2023.

DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source.

Rockwell Collins is the only source that has the rights or data to manufacture this item.

Rockwell Collins retain the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

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

[X] The acquisition will be synopsized for 16 days on or about July 6, 2023 on the DLA Internet Bid Board (DIBBS) and will be solicited for 30 days on or about July 24, 2023 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://SAM.gov on 5/4/2023 with a respond by date of 5/11/2023.

o No responses or inquiries were received from any interested party.

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

To determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve, PPI, current market value of item and/or similar items, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. The contract value will exceed the TINA threshold of $2.0M. Therefore, IAW FAR 15.403-4(a)(1), Certified Cost/ Price Data will be required.

A Sources Sought was posted to https://SAM.gov on 5/4/2023 with a respond by date of 5/11/2023.

o No responses or inquiries were received from any interested party.

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

o DLA internal coding of this item (SAP system, transaction MM03) shows this item is coded as non-commercial.

o The part numbers were researched in Haystack, GSA, and Google. No additional data was found to indicate these parts are available commercially.

o The AMC/AMSC is not coded as a commercial product by the Product Specialist.

o In the 2017 J&A, Rockwell indicated this item was commercially sold.

However, no documentation was supplied to support this claim and procurement continued under FAR 15 resulting in contract

SPE7M517C0024.

o The prior procurement was an LTC that was awarded in May 2007 SPM7MX07D7026). This LTC had over 30 CLINS and was solicited as commercial, but NSN 5985-01-156-6090 was deleted from the original contract and then added as a MOD007 later.

The award prior to the LTC was SPM7M908C0018 (June 2008). The J&A from this contract does not address commerciality but the solicitation contained cost and price clauses and a memo to file concerning a cost and pricing review, leading the buyer to conclude this solicitation was issued under FAR 15.

o While this item was added to a commercial LTC after award, the subsequent contract SPE7M517C0024 was not issued as a commercial item.

o The current market survey provided by Rockwell states this item is not a commercial item.

o Based on this information, there is no actual documentation supporting this item was ever sold commercially.

The AMC/AMSC is coded as a 3/R; Acquire, for the second or subsequent time, directly from the manufacturer. 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.

The AMC/AMSC code was certified as accurate by the Product Specialist on 4/27/2023.

Commerciality Summary:

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist, manufacturer), use of market surveys, sources sought notices, procurement history, and research of the market through key words searches on the internet and database, the Contracting Officer has determined that it is in the best interest of the Government to proceed as a non-commercial item, using FAR Part 15 procedures in lieu of FAR Part 12.

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 are:

Rockwell Collins (13499)

11. This item is subject to the following methods of locating additional sources:

Solicitation will be included, but is not limited to, the following Procurement Notes:

Solicitation will include, but is not limited to, the following Procurement Notes:

L04 Offers for Part Numbered Items M06 Evaluation of Offers for Part Numbered Items

IAW DFARS PGI 206.303-2(B), a copy of the most recent J&A, January 2017 (SPE7M517C0024) is included in the file.

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

The estimated PR Value of this J&A is $ The estimated Maximum Value (at the top price break) of this J&A is $

Roy Pitman, Contracting Officer Date

PITMAN.ROY.V.1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2023.07.13 15:02:02 -04'00'

APPROVAL/CERTIFICATION

Competition Advocate Date Date

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

Attachments Technical Certification Tech Referral

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.07.17 14:25:07 -04'00'