J A Redacted SPE7M5-22-R-0002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M522R0002 / PR 0091112112

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

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

[X] AMSC P. 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 otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. 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.

On 10/20/2021, the Product Specialist certified that the information provided in the referral, dated 10/4/2021 and the email dated 10/19/2021, is accurate and no changes have occurred. Per the Product Specialist, NSN 5965-14-559-2147 has an AMC/AMSC of 3/P and TDSI (23386) P/N E19638CA and Thales AVS France SAS (F9111) P/N E19638CA are the only approved source(s). Currently, there is no other source of supply for this material.

TDSI (23386) is the domestic division of the Thales Group, and all offers would be routed through this CAGE; therefore, they are the only offer that would be expected.

The Government has the data for this item but does not own the rights to the data. Therefore, this item cannot be reversed engineered or obtained elsewhere in order to make this acquisition fully competitive. Therefore, Thales is uniquely qualified as they are the only known source 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 November 2021 on the DLA Internet Bid Board (DIBBS) and will be solicited for 30 days on or about November 2021 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://beta.SAM.gov/ on 9/30/2021 with a respond by date of 10/8/2021.

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.

Commercial Determination: Information received regarding the commerciality of the item(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, TDSI (23386) stated item is not a commercial item .

The Commercial off the Shelf (COTS) field contains the word “no” in MM03.

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

Solicitation for Contract SPE7M521C0003 (April 2021) was issued under FAR Part 15 / Non-Commercial.

Commerciality Summary:

Commerciality information obtained is contradictory. While the item appears to be available for public purchase through RFQ websites, the actual manufacturer stated this is not a commercial item and DLA’s AMC/AMSC coding confirms the manufacturer’s statement. Therefore, the requested quotes through internet searches are subject to 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:

Thales Defense & Security (TDSI) (23386)

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

Per DFARS PGI 206.303-2(B), a copy of the J&A from the last procurement in April 2021 (SPE7M521C0003) 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

Contracting Officer Date

Christine Boyer _________________________

APPROVAL/CERTIFICATION

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

Competition Advocate Signature Date

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2021.10.27 12:04:55 -04'00' 10/27/2021

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702

Date: 2021.10.29 12:46:21 -04'00'

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

1. J&A SPE7M521C0003