J-A6.302-1-SPE7LX20R0053.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-20-R-0053

DLA Land & Maritime Justification for Other Than Full & Open Competition

(May 2018)

ORIGINAL J&A

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: The resulting contract will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract under FAR Part 15 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

LINE ITEM NSN Brief Description AMC/AMCS ADQ Estimated ADV

0001 5985015607878 ANTENNA 3/Q 217

0002 6135011620943 BATTERY ASSEMBLY 3/C 1,331

0003 6135015607877 BATTERY, NONRECHARGE 3/D 1,164

Total Estimated ADV

End Item description and Weapon System:

LINE ITEM NSN WSDC End Item 0001 5985015607878 LBA AH-64D Longbow 0001 6135011620943 LBA AH-64D Longbow 0002 6135015607877 CXN Osprey V-22A Marine Aircraft

These NSNs are for the AH-64D Longbow and the Osprey V-22A Marine Aircraft.

AH-64D Longbow Osprey V-22A Marine Aircraft

The estimated base value , with an estimated total value (Base + Option) of and a maximum contract value of

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

10 U.S.C. 2304(c) (1) - Available from only one or a limited number of sources.

The items needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Only one manufacturer is currently approved by the design control activity to supply these items:

Emergency Beacon Corp (52727). See table below.

NSN Company CAGE Part Number

5985015607878 EMERGENCY BEACON CORP. 52727 ANT-406T

6135011620943 EMERGENCY BEACON CORP. 52727 GS-21

6135015607877 EMERGENCY BEACON CORP. 52727 GS-46

Emergency Beacon Corp. (52727) is the approved source of supply for this item. Adequate data for the evaluation of alternate offers is not available at the procurement agency. The company listed above is the only company that have gone through the source approval process. If a product is different from the approved part offered by a contractor, the contractor must get their part numbers approved by submitting a source approval package to the Engineering Support Activity (ESA).

Procurement history indicates that Emergency Beacon Corp. (52727) is the actual manufacturer for these items and various dealers have provided Emergency Beacon Corp. The Government lacks the technical data needed to acquire these items competitively. Emergency Beacon Corp.

(52727) is the only source known to possess the complete technical data for these items.

Per the Product Specialist these items will be used to replace parts that are incorporated into the military end item the AH-64D Longbow and the Osprey V-22A Marine Aircraft, and these items manufacturer by Emergency Beacon are the only replacement parts that will function properly in the end item in accordance with the military specifications and requirements.

The use of the authority cited below:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer. One manufacturer is approved for all three NSNs. See table above listed on paragraph 5.

The use of the authority cited is based on:

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 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.

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.

AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, re-procurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b).

Each one of the Product Specialist of record for each NSN indicated that the AMC/AMCS code are correct and that Emergency Beacon Corp. (52727) is the approved sources of supply for these NSNs. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

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

a. The acquisition will be synopsized on or about March 31, 2020, and will run for 15 days.

At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate offeror’s supplying a source approval request package that is approved by the ESA before award, it will be evaluated for this procurement.

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

Past procurement, history will be reviewed and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis; analysis of the prices in the commercial market place plus other than cost or pricing data will be request if needed.

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed these NSNs for the project during project creation, and no new sources were found. A Sources Sought notice was posted November 4, 2019, in FedBizOpps for 10 calendar days to find potential sources for these NSNs and no company responded.

b. A market survey was conducted on/during 2/7/19 – 1/23/2020.

c. Total number of vendors contacted: 18

d. Names of vendors contacted:

1. JGILS, LLC (1N8T8)

2. MCO Solutions, Inc. (6HSP8)

3. Dreamfind, Inc. (1V4T7)

4. Kampi Components (7Z016)

5. Comperipherals Incorporated (1JZF1)

6. Phoenix Trading Inc. (4LF36)

7. TNL Sales (1XLG2)

8. Emergency Beacon Corp. (52727)

9. Lynn Electronics Corp. (19151)

10. Martin Military Inc. (1WZZ2)

11. SIT Corporation (1MQB3)

12. Eleets Intermodal Company (50WP1)

13. Netkomp Inc. (3G2A2)

14. SDV Office Systems, LLC. (65S04)

15. Winergy LLC (5ANF0)

16. AM-MAC Incorporated (0VW10)

17. JBL System Solutions (5WRH4)

18. Roanwell Corporation (82872)

e. Total number and names of vendors that responded to market survey: 1

i. Roanwell Corporation (82872)

f. Techniques used to conduct survey: emails, Beta.Sam.Gov, Market survey questionnaire and attachment and follow-up phone calls.

g. Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

h. Summary of information received: See below.

The Strategic Sourcing Specialists attempted to conduct market research with the companies listed above to assess their interest and capability to perform and only one company indicated an interest which were: Roanwell Corporation (82872).

Company Name

CAGE

CODE

Business Size

KTR

Interested in an LTC

KTR Agrees to a 3-Yr.

Base and 2-Option

Yrs. w/Annual Price Adjustment

KTR Prefers a Firm

Fixed Price Contract

KTR Will Provide Cost & Price Data if Required

Phased

Delivery

Comm.

Item

Roanwell Corporation 82872 Small Business Yes No

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

a. 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.

b. A technical review was completed by the SAPD product specialist group for these NSNs.

The subject NSNs has been identified as sole/limited source items. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Roanwell Corporation (82872) was the only company that responded to the market survey and expressed an interest in the acquisition. As such, this company will be in the solicitation mailing list.

11. The following actions are being taken to identify additional sources:

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. The buyer was not able to locate a copy of a previous J&A’s statement in the SRM Records Management database and no statement of actions was planned to remove or overcome any barriers for competition.

c. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

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 $700,000, this signature serves as the approval.

Contracting Officer/Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature/Date

APPROVAL REQUIREMENTS

[X] $700,000 to $13,500,000 Competition Advocate

CARABALLO.EDWIN.12

53443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2020.03.23 11:53:04 -04'00'

HOPSON.LILLI.A.1230

127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.03.25 14:02:57 -04'00'