J-A SPE7MX20R0125 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX20R0125

DLA Land and Maritime J&A Other Than Full and Open Competition 2

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited in paragraph 4:

Although these NSNs have been determined to be commercial, these items must perform the given function of protecting aircraft electrical systems, while meeting additional specific test requirements, including salt spray, humidity, acceleration, sand, vibration, shock, length of life, and altitude testing.

It is crucial that these items perform exactly as intended to protect aircraft electrical systems, thereby protecting pilots and crew. Safran Electrical & Power supplies wiring systems worldwide for aircraft, covering design, integration, manufacture and support.

These specific replacement parts from this manufacturer are integral to ensuring that aircraft systems perform as intended. The data needed to acquire these parts competitively are not physically available, cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. It is, therefore, essential to limit to the approved CAGE code and part numbers.

The Product Specialist (PS) reviewed the technical information and confirmed the approved source for this item and that the AMC/AMSC codes are accurate on 1/16/2020.

The PS also certified that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source and that all means to obtain a technical data package adequate for manufacture of the item has been exhausted.

The procurement item description (PID) is included as Attachment 1.

The use of the authority cited is based on:

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

AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

DLA Land and Maritime J&A Other Than Full and Open Competition 3 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.

AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

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

The acquisition will be synopsized on or about 6/25/2020. One day after the synopsis is posted the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

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

Cost or pricing data will not be required, since the items contained in this project have been determined to be commercial items in accordance with Federal Acquisition Regulations (FAR) 2.101 and meet the exception at FAR 15.403-1(b)(3). Commercial procedures will be utilized in accordance with FAR Part 12. Marine Air Supply (2B195), a small business dealer for the approved source, will be submitting an offer. Per FAR 15.404- 1(a)(2), a price analysis will be conducted. The price analysis will be conducted using pricing on the past procurements, which were determined fair and reasonable. That pricing will be adjusted by Producer Price indexes (PPIs) and learning curve analysis, as necessary, for comparison with proposed prices for this procurement. Other than cost data will be requested as necessary, including invoices for actual or similar items sold commercially for other than Government use.

By using the above techniques and gathering of additional information, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A sources sought notice was issued 5/27/2020 and closed 6/3/2020 with no responses received. Market surveys were sent to dealers in the past buy history: 2B195 Marine Air Supply, 2V320 Flame Enterprises, and 6M266 Wesco Aircraft Hardware. One was also sent to the approved source, 81640 Safran Power. Safran Power responded by email while forwarding it to their account manager; however, no reply was received from them.

Marine Air Supply replied with interest and provided information, such as minimum order quantities, quantity price breaks, and commercial catalogs. A follow-up email was sent to Marine Air Supply to update the market survey, check delivery order minimum and maximum quantities, ask for additional quantity price breaks (most provided were over the delivery order maximum quantities), and to get more commercial pricing information to aid in price reasonableness determinations.

DLA Land and Maritime J&A Other Than Full and Open Competition 4

Commercial Determination:

There are many commercial items with the same names and functions as each of these NSNs (Refer to Acquisition Checklist for details.) The Contracting Officer looked up definitions of the nomenclature and other terms within the definitions to get a clearer picture of the types of items being procured. On the attachment of the Acquisition Checklist, each of the NSNs is shown with commercial listings for similar commercial items.

Based on the definition in FAR 2.101 for Commercial Item at paragraph (1)*, the Contracting Officer determined the NSNs being procured to be “commercial” because similar items are available in the commercial marketplace.

*FAR 2.101, “Commercial item” means (1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and- (i) Has been sold, leased, or licensed to the general public; or (ii) Has been offered for sale, lease, or license to the general public….

9. Additional facts supporting other than full and open competition are:

Based upon the technical certification provided by the Product Specialist, technical data is not available and cannot be developed to permit full and open competition for these items. The data presently available reflects the minimum needs of the Government.

10. A listing of business sources, indicating an interest in the acquisition is:

Marine Air Supply (2B195), Woman-Owned Small Business

11. Actions being taken to overcome barriers to competition:

DLAD Procurement Note L04, Offers for Part Numbered Items, will be included in the solicitation and will apply to NSNs with AMC/AMSC of other than 3/B. L22, Restriction of Alternate Offers for Source Controlled Items, is included for the 3/B

NSN.

12. The are no prior J&As, since all of the acquisitions have been under the simplified acquisition threshold.

Attachment: SPE7MX20R0125 PIDs-PKG

DLA Land and Maritime J&A Other Than Full and Open Competition 5

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.

614-692-9252

REBECCA S. HALTEMAN Date Phone Contracting Officer

Approval/Certification

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

614-692-3760 MARY E. SHEARER Date Phone Competition Advocate

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

HALTEMAN.REBE

CCA.S.127365747

Digitally signed by

HALTEMAN.REBECCA.S.1273

657475 Date: 2020 06.17 09:32:33 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER MARY.E.125070244

Date: 2020.06.19 07:50:43 -04'00'