J A 7005516868 redacted (CUI.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M524R0006 / PR 7005516868

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[ 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 QUANTITY EST. VALUE AMSC

Antenna 5985-01-455-2541 50 $ C

CONTRACT TYPE

Firm Fixed Price, definite quantity contract with no contract options: Price Breaks requested qty 25- qty 50.

The length of the contract will be determined by the awarded delivery. Delivery is estimated at 701 days, which is based on the PLT of record.

The solicitation will use FAR Part 15 procedures.

Estimated Unit Price: $ Estimated PR Value: $ Estimated Maximum Value: $

End Item Description, Weapon System, or class of item:

5985-01-455-2541 is an item consisting of a conductor or a system of conductors specifically designed to radiate and /or receive electromagnetic waves in free space. May include beam-forming devices, drive motors, synchros, radome, and associated mechanical structure.

Antenna used for transmitting and receiving various signals.

NSN is used on Aircraft, FA-18, A-D, E/F, G (Growler).

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

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

[X ] 10 U.S.C. 3204(a)(1) – The head of an agency may use procedures other than competitive procedures only when the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;

The government requires spare parts that are form, fit, and functionally interchangeable with those currently used on the supported weapon system.

Controlled by: DLA Land and Maritime Controlled by: FMTA CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY POC: Amy.Plymale-Hillis@dla.mil

SOLICITATION SPE7M524R0006 / PR 7005516868

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

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Cobham Advanced Electronic Solutions (CAES) (93346) P/N 3375-8006-0002

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 C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance 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 part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, 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 2/13/2024, the Product Specialist confirmed the AMC/AMSC of 3/C and confirmed the item has one approved source, CAES (93346). There are no other sources of supply for this material.

The Product Specialist certified the above technical information, is complete and accurate on 2/13/2024.

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

CAES (93346) is the only source that has the rights or data to manufacture this item.

CAES (93346) 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 March 19, 2024 at https://SAM.gov and will be solicited for 30 days on or about April 3, 2024 on the DLA Internet Bid Board (DIBBS).

SOLICITATION SPE7M524R0006 / PR 7005516868

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

A Sources Sought was posted to https://SAM.gov on 2/12/2024 with a respond by date of 2/19/2024.

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 maximum value is not expected to exceed the TINA threshold of $2.0M. Therefore, IAW FAR 15.403-4(a)(1), Certified Cost/ Price Data will not be required.

8. Market Research / Efforts to Obtain Competition:

Market Surveys were sent to CAES (93346) and Triman Industries (0ZBE8) on

2/12/2024.

The Buyer followed up with CAES (93346) on 2/23/2024. As of 2/28/2024, no response has been received.

Triman Industries provided a market survey on 2/21/2024 with the following information.

o Large Business Authorized Distributor for CAES (93346) that is registered in

SAM.

o Item is not a commercial item.

o o o

A Sources Sought was posted to https://SAM.gov on 2/12/2024 with a respond by date of 2/19/2024.

SOLICITATION SPE7M524R0006 / PR 7005516868

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023) o No responses or inquiries were received from any interested party.

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

Per SAP MM03 – Entry for “Commercial Off-the-Shelf” is “Blank”.

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

Market research received from the authorized distributor for CAES (93346) stated item is not a commercial item, A search of the Commercial Item Database (CID) in PIEE yielded no results. There was no CID file as of 2/28/2024.

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

The AMC/AMSC is coded as a 3/C; Acquire, for the second or subsequent time, directly from the manufacturer. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance 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 part in the intended application.

The AMC/AMSC code was certified as accurate by the Product Specialist on 2/13/2024.

Commerciality Summary:

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist), 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.

SOLICITATION SPE7M524R0006 / PR 7005516868

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

10. A listing of sources, if any, indicating an interest in the acquisition are:

Triman Industries (0ZBE8)

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

Solicitation will include, 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)(i)(B), a copy of the most recent J&A should be included in the file. All procurements for this item have been under SAT or SEPA.

Therefore, this item does not have a recent J&A.

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

Christine Boyer, Contracting Officer Date

APPROVAL/CERTIFICATION

Competition Advocate Date Date

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

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

3/8/2024

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.1249699639

Date: 2024.03.08 13:47:01 -05'00'

WIEBUSCH.JAMIE

.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.03.08 15:45:26 -05'00'

SOLICITATION SPE7M524R0006 / PR 7005516868

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

( ) $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