J-A SPE7MX23RX018 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23RX018

DLA Land and Maritime J&A Other Than Full and Open Competition 2 microphone meets, including MIL-STD-810G environmental compliance, MIL-STD-461F electromagnetic interference, and FAA approval FAA-TSO C58a.

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. Therefore, the approved part numbers must be procured to ensure proper communication and the safety of military aviation personnel.

The Product Specialist certified that the technical information, including the approved source and AMC/AMSC codes, is complete and accurate on 12/14/2022. The PS also certified that DLA does not possess adequate data, lacks rights to data, and has no record of an alternate approved source. The data presently available reflects the minimum needs of the Government.

The procurement item descriptions (PIDs) are 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 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 1/19/2023 for about 31 days (through the closing date of the solicitation). On its Issue Date, on or about 1/20/2023, the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

A sources sought notice was posted on 11/30/2022 for 5 business days 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 (OTCD)—commercial sales data with prices—has already been provided. Additional OTCD 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 from 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. Negotiations will be held if needed. The proposed prices will also be compared with those of the commercial sales (prices may be adjusted for time and quantity by PPIs and learning curves as necessary).

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

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 11/30/2022 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 12/7/2022, and no responses were received.

On 5/18/2021 a market survey was sent to Gentex Corp (7L772). Gentex completed the market survey information on 5/26/2021. These documents were emailed to Gentex on 11/23/2022 for the contractor to review/confirm, and commercial documentation was requested. Gentex replied 11/30/2022 by email and also provided commercial sales history with selling prices.

Gentex is a large manufacturer and are interested in a 5-year LTC

Contracting Officer Market Research: The Contracting Officer pulled information for each of the parts from Gentex website (see Attachment 1). The Contracting Officer reviewed the companies on Gentex’s commercial sales history and documented information about each company (see Attachment 2). Two of the companies Defense Technology Equipment and Capewell Aerial Systems LLC appear to only provide items for the military. However, there are 4 recent sales to 2 different commercial companies for N100238-00 (5965014427364) and 2 recent sales to 2 different commercial companies for N100910-16 (5965016169213).

Commercial Determination: Based on the commercial sales history, the Contracting Officer hereby determines the items being procured to be commercial in accordance with the definition at FAR 2.101.

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.

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

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

The Product Specialist certified (Attachment 4) that DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate approved source. The data presently available reflects the minimum needs of the Government.

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

Gentex Corp (7L772): large business, approved source

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. There are no previous J&As, since all previous acquisitions were below the simplified acquisition threshold.

Attachments:

1 LTC PID Pkg SPE7MX23RX018 2 Gentex Product Info 3 5965016169213 Product Sheet N100910 4 Tech Cert (2 NSNs)

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 $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.127

3657475 Date: 2023 01.06 15:52:53 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.12507024

Date: 2023.01.11 12:11:09 -05'00'