J A. Redacted SPE7M522R0018.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M522R0013 / PR 0092468569

The use of the authority cited is based on 10 U.S.C. 2304(c)(1):

[X] AMC 2. Suitable for competitive acquisition for the first time.

[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.

Prior to certification by the Product Specialist, the AMC/AMSC code was changed from 3/C to 2/C for NSN 5960-00-681-8017.

On 1/28/2022 the Product Specialist certified the AMS/AMSC code of 2/C and approved sources were accurate and complete. The approved sources are, CPI (06980) & (C5845), Raytheon (49956), Thales Nederland B.V. (H0203) and British Sarozal (K0577). There are no other sources of supply for this material.

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

There is no outstanding DLA Form 339 request for additional sources.

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

Therefore, CPI, Raytheon, Thales Nederland and British Sarozal are uniquely qualified as they are the only known sources that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN.

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 2022 on the DLA Internet Bid Board (DIBBS) and will be solicited for 30 days on or about April 2022 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://SAM.gov on 1/21/2022 with a respond by date of 1/31/2022.

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

A review of the last purchase (SPE7M521P0591) showed 2 quotes were received and both contractors were quoting the same CAGE/PN: (06980) PN ML-7003.

Item is not on GSA Advantages.

Internet search consisted of online availability of NSN. There is no pricing for this NSN, but a quote request is available through several Dealers.

https://www.wbparts.com/rfq/5960-00-681-8017.html https://www.nsnfulfillment.com/nsn/nsn-parts/5960006818017/

Although this NSN was listed on WBParts and NSN Fulfillment, these sites and similar sites routinely list large numbers of NSNs as available for quote without being authorized dealers or distributors and without confirming that they can obtain the part. WBParts and NSN Fulfillment did not provide an offer to the most recent procurement for this NSN (Nov 2020) and therefore, are not considered viable dealers.

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

Research in Google showed part number is available through a Request for Quote

(RFQ).

GSA advantage yielded no results.

Market survey results from the manufacturer, CPI (06980) stated item is not a commercial product, item does have a catalog/price list, and item is not on a GSA Schedule.

The Commercial off the Shelf (COTS) field contains is “yes” in MM03.

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

ESA.

The AMC/AMSC is coded as a 2/C: This part requires engineering source approval by the design control activity in order to maintain 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 AMC/AMSC code was certified as accurate by the Product Specialist on 1/28/2022.

Commerciality Summary:

Commerciality information obtained is contradictory. While the item appears to be labelled as a COTS product on MM03 and is available for public purchase through RFQ websites, the actual manufacturer stated this is not a commercial item and DLA’s AMC/AMSC coding does not reflect a commercial product. Therefore, the requested quotes through internet searches are suspect, as they might not be for the correct item.

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist/ ESA), 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 is:

CPI (06980)

Thales Nederland B.V. (H0203)

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

Solicitation will 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

DFARS PGI 206.303-2(B) states to include the J&A from last procurement in the file.

However, all previous history has been under SAT. Therefore, there are no previous J&A’s.

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

Contracting Officer Date

Christine Boyer _________________________

APPROVAL REQUIREMENTS

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2022.03.15 11:12:43 -04'00' 3/15/2022

( X) Up to $750,000 Contracting Officer

( ) $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)