J-A SPE7MX22RX040 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX22RX040

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

Both NSNs being acquired are similar to those in the commercial marketplace; however, these NSNs are used only by the military and are procured by approved CAGE codes and part numbers. Only the approved sources have the rights or data to manufacture this item.

NSN 5920014348504, Electrostatic Discharger: Aircraft flying in clouds or precipitation will accumulate electrical charges due to friction, which cause radio interference. This can threaten the safety of aircraft because it can interfere with aircraft communications and navigation equipment. Radio interference is reduced by preventing the uncontrolled discharge of static electricity from the aircraft to the surrounding air. Using a discharge device, the charge is blended into the air mass around the aircraft at a controlled rate.

(https://www.aviationhunt.com/aircraft-static-discharge/ ) Different types of static dischargers are used to alleviate different problems on various types of aircraft. Further, inefficient dischargers may result in costly troubleshooting and premature replacement. (brochure on this website- https://www.chelton.com ). Therefore, using unapproved parts could cause unnecessary safety issues and could result in more cost over the life of the aircraft.

NSN 5985012639905, Antenna: Websites of approved sources, Dayton-Granger and Aviatech, include descriptions of “VHF Communications Antenna” and “Broadband VHF Airborne Blade Antenna” for this item. The physical condition of the antenna plays an important role in its performance. If the antenna is cracked, water may enter and cause (a separation of the composite layers), which may render the antenna useless. And if the antenna base is not structurally strong, the antenna will vibrate … and cause the skin to fatigue, eventually causing cracks. (https://www.aopa.org/training-and-safety/students/presolo/special/antennas ) According to the Dayton-Granger website, this antenna meets the requirements of climactic testing in MIL- STD-810. This MIL-STD is over 1000 pages and covers many different climactic perspectives all over the world. Using unapproved parts could cause communications to go down, causing a tremendous safety issue for pilot, crew, and potentially others on the ground.

The Product Specialist certified that the technical information, including the approved sources and AMC/AMSC codes, is complete and accurate on 5/26/2022. The PS also certified that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

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

The use of the authority cited is based on:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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. – NSN 5920014348504, DISCHARGER, ELECTROSTATIC

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. 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. – NSN 5985012639905, ANTENNA

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

The acquisition will be synopsized on or about 5/31/2022 for about 31 days (through the closing date of the solicitation). On its Issue Date, on or about 6/1/2022, the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

A sources sought notice was posted on 4/7/2022 to locate sources interested in becoming approved sources and companies who wish to participate in this solicitation by providing the approved parts.

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 these items will be solicited using commercial procedures, which satisfies the exception for cost or pricing data listed at FAR 15.403-1 (b) (3).

However, other-than cost data will be requested if needed. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be performed using pricing on past procurements, which were determined fair and reasonable. That past pricing will be adjusted by Producer Price indexes (PPIs) and learning curve analysis, as necessary, for comparison with proposed prices for this procurement. Negotiations will be held if needed. Other techniques may be utilized.

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

8. Market Research/Efforts to Obtain Competition:

The sources-sought notice was posted on 4/7/2022 looking for sources interested in becoming approved sources and companies who wish to participate in this solicitation by providing the approved parts. The notice closed on 4/14/2022, and no responses were received.

Market Surveys were sent by email to the following potential sources: Empire Avionics Corp.

(1BRS6), Communications Professionals Inc. (1U4Q7), Jag Components, LLC (7YJE4), Dayton-Granger Inc. (55635), Aviatech Corp. (54520), and Chelton, Inc. dba Cobham Antenna (60188). Three replies were received:

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

Jag Components, LLC (7YJE4) replied stating , so they are They suggested contacting the actual manufacturer directly. Jag would be interested in a LTC (Jag provided for ;

Dayton-Granger Inc. (55635) replied by filling out the market survey. They are a small business manufacturer (approved source), or

, and marked that the items are commercial.

Communications Professionals Inc. (1U4Q7) and that this item is commercial. Communication

Professionals .

The Contracting Officer (KO) called Aviatech Corp. (54520). They are interested in a for NSN 5920014348504). Aviatech provided

Aviatech has not made a determination whether or not the items are commercial.

NSN 5920014348504 has a DCMA Commercial Item Determination (Attachment 2), and the current IDC for this NSN, SPE7M520D5005, is commercial.

The Contracting Officer searched for similar items on the internet for both NSNs. Attachment 3 shows the actual items (Aviatech parts) and other commercial parts that look very similar and have the same function.

5920014348504, Discharger –This is a device used to remove static electricity from aircraft in flight. They look like small sticks pointing backwards from the wings and are fitted on almost all civilian aircraft. Without static dischargers, aircraft communication is likely to be disrupted.

5985012639905, Antenna - The Aviatech part approved for the NSN has the description of Broadband VHF Airborne Blade Antenna. Most commercial aircraft have these types of antennas for communication purposes. A screen print on Attachment 3 shows a diagram of Boeing 787 antennas, and the VHF blade antennas are circled in red.

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

Commercial Determination:

Based on the information above, the Contracting Officer determines the items being procured to be commercial “of a type” customarily used by the general public, as defined in the FAR:

FAR 2.101

“Commercial Product” 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.

The SAPD Product Specialist, , concurred with “Commercial of at Type” determination on 4/22/2022 and updated the item descriptions of both NSNs to include the “Commercial of at Type” statement.

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

The Product Specialist certified (Attachments 4) that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

10. A list of business sources indicating an interest in the acquisition:

Dayton-Granger Inc. (55635), approved source of both NSNs, small mfr Aviatech Corp. (54520), approved source of both NSNs, small mfr Communications Professionals Inc (1U4Q7), SDB dealer for Chelton (Cobham) approved source for NSN 5985012639905

11. Actions being taken to overcome barriers to competition:

DLAD Procurement Notes L04, Offers for Part Numbered Items, will be included in the solicitation. Provision M06, Evaluation of Offers for Part Numbered Items, will also be included.

12. Attachment 5 is a copy of the J&A from a current/prior LTC SPE7M520D5005 for NSN 5920014348504. There is no prior J&A for 5985012639905 because all of the acquisitions have been under the simplified acquisition threshold.

Attachments:

1 LTC PID Packaging 2022.05.11

2 DCMA CID 5920014348504

3 NSNs and Comm Items 4 Tech Cert Updated CM21132062 5 Prior J-A 5920014348504

DLA Land and Maritime J&A Other Than Full and Open Competition 6

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 $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)

HALTEMAN.REB

ECCA.S.1273657

Digitally signed by

HALTEMAN.REBECCA.S.1273

657475 Date: 2022.05.26 15:11 06 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY E.12507024

Date: 2022 06.01 09:37:58 -04'00'