J A SPE7M521R0011 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M521R0011 / PR 0086727095

[ 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

Adapter, Headset-Mic 5965-14-559-2147 248 P

Estimated PR Value:

Estimated Maximum Value for a quantity of 400 each:

This acquisition is for a fixed quantity; however, price breaks will be solicited permitting the Government to order up to the maximum quantity of the price break solicited.

Resulting contract will be a Firm-Fixed Price Contract

End Item Description, Weapon System, or class of item: Headset Microphone Adapter.

Used for internal or external communications. Weapons Code: T: WSGC Level C + WSEC EC-1 (Essential). Item used on AH-1Z Helicopter, UH-1Y Helicopter, Helicopter, H1 All Versions, Helicopter, Utility/Search and Recovery.

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

[X ] 10 U.S.C. 2304(c)(1) - The Government requires spare parts that are form, fit and functionally interchangeable with those currently used on the supported weapon system.

Therefore, item available from only one or a limited number of sources.

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

Thales Defense & Security (23386) P/N E19638CA Thales AVS France SAS (F9111) P/N E19638CA

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.

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

Other Than Cost or Pricing Data will be used to determine a fair and reasonable price.

This data includes the historical prices paid for exact item, a Learning Curve and PPI, current commercial market value of item and/or similar items, price analysis, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

As is, the total value exceeds TINA ($2.0M) at the top price break range, and IAW FAR 15.403-4(a)(1), Certified Cost/ Price Data will be requested and cost or price analysis will be required to be performed by the Pricing Office, as well as a DCMA audit of the Certified Cost/Pricing data

8. Other Information:

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

There is no indication that this item is a commercial item. The Commercial off the Shelf (COTS) field contains the word “no” in MM03, and research in Google and GSA advantage yielded no results. Market survey results from Thales stated item is not a commercial item. Solicitation for Contract SPE7M518C0047 (Sept 2018) was issued under FAR Part 15 / Non-Commercial. Therefore, based on research, item is determined non-commercial.

DFARS PGI 206.303-2(B) requires a copy of the J&A from the last procurement. The last J&A for this NSN was in Sept 2018, SPE7M518C0047. See attachment 1.

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 (23386)

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:

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

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. If not exceeding $750,000, this signature serves as the approval.

Contracting Officer Date

Roy Pitman__________________________

APPROVAL/CERTIFICATION

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

Competition Advocate Signature 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

1. J&A SPE7M518C0047

PITMAN.ROY.

V.1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2020.12.09 09:36:02 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.12.10 15 57:22 -05'00'