J A6.302-1CSPE7L314TS199.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION __SPE7L314TS199__

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity's needs are described as follows:

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

*If too numerous, attach list of NSNs and AMSC codes.

Bellows, Pressure 3010145532918 __ 60___ __R_

Identify end item, weapon system, or class of item:

__Helicopter, Seahawk, H-60____________________________

ESTIMATED BASE VALUE_ _

ESTIMATED TOTAL VALUE (BASE + OPTIONS)__ __

MAXIMUM CONTRACT VALUE __ __

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING ___N/A__________

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

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

( ) 10 U.S.C. 2304(c)(2) - Urgency.

a. Brief narrative supporting the situation and weapon system:

( ) 10 U.S.C. 2304(c) - ___________________________________.

a. Brief narrative supporting use of the exception:

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

Thales Underwater Systems S.A.S F8294, P/N: 44040342 Product Specialist has confirmed the only known source for this item is Thales Underwater Systems S.A.S. F8294. There was no indication given that the ESA has pending source requests.

The use of the authority cited is based on:

( X ) AMC 1. Acquire, for the second or subsequent time, directly from the manufacturer.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[ X ] 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.

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

( ) The acquisition will be synopsized on or about_____.

( ) Manufacturers of similar products identified in the market research will be solicited.

( ) Dealers of the manufacturer will be solicited.

(X) A synopsis exception cited in FAR 5.202 applies. (explain)

FAR 5.202(a)(13) applies.

(X) Other (Explain) This acquisition was originally synopsized and solicited on DIBBS on 09/19/2014 under Simplified Acquisition Procedures as outlined in FAR Part 13.

Based on a review of procurement history for this item, there was no expectation that the offers received would exceed the SAT. Upon receipt of the quote, quote showed the amount placed the acquisition above the simplified acquisition threshold. The acquisition will continue now using FAR Part 15 procedures. Resoliciting as a formal RFP would add significant procurement administrative lead time and would not lead to additional offers received or significant savings.

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

Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include length of contract, quantity, and other contract particulars bearing on the price.

I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a buyer price analysis.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. The extent of market research required for procurement varies depending on the estimated dollar value, complexity of the item or service and other factors including, the type of item or service, urgency of the requirement and past experience. However, narrow market research (i.e. only using market surveys; only contacting the approved source or past awardees) is inadequate. Note: This PR was originally solicited as a simplified acquisition by DLA’s automated procurement system. There were no expectations that quotes would exceed the simplified acquisition threshold (SAT).

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Quote received is over the SAT. Market research for this item was initiated since in September 2009, when ESA (Ref Navy KE) made the update and added Raytheon (94404) and P/Ns as the primary reference numbers linked currently and solely to Thales Underwater Systems (F8294), so a 339 was not necessary. It was later confirmed that P/N:

44040342 is manufactured by Thales Underwater Systems.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during ____.

Total number of vendors contacted: _______.

Names of vendors contacted and responding: _____________________________________.

Techniques used to conduct survey: ___________________________________.

Types of information requested: __.

Summary of information received: __.

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

( ) was not conducted due to the unusual and compelling urgency of the requirement.

(X) Was not conducted due to: This acquisition was solicited using FAR Part 13 Simplified Acquisition Procedures by DLA's automated procurement system. There was no expectation that the resulting offers would exceed the SAT. A market survey was not conducted prior to solicitation, however relevant market research information was obtained from the offers received in response to the failed automated solicitation to include offerors' prices, lead times, capabilities, technical requirements, and their willingness to quote this requirement. Negotiations will be conducted based on the offer received and the procurement will continue using FAR Part 15 procedures."

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.

( ) As stated in the attached certification by the requiring activity, the Military Services will be seriously injured if contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

( ) When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302- 1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. __________________________________________________________

( ) Other _____________________________________________________________

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Thales Defense & Security Inc. CAGE: 23386.

This vendor is an authorized dealer for the approved source, thus quoted: Thales Underwater Systems S.A.S. F8924, P/N: 44040342.

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

(X) The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering ( ) Other

No J & As is available from the previous four awards. This is because these contracts were all under the Simplified Acquisition Threshold, therefore no J & A was required.

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 $650,000, this signature serves as the approval.

__________________________________________ _2-1894_______June 1, 2015__ Contracting Officer Phone Date

___Philip MacLean______________ Typed name of Contracting Officer

Approval/Certification

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

Digitally signed by

MACLEAN.PHILIP.NEIL.1073076206

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=MACLEAN.PHILIP.NEIL.1073076206 Date: 2015.10.01 13:04:40 -04'00'

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Competition Advocate Phone Date Signature

Head of the Contracting Activity (HCA) Date Signature

Senior Procurement Executive (AQ) Date Signature

APPROVAL REQUIREMENTS

(X) Up to $650,000 Contracting Officer

( ) $650,000 to $12,500,000 Competition Advocate

( ) $12,500,00 –$85,500,000 Head of the Contracting Activity (HCA)

( ) over $85,500,000 Senior Procurement Executive (AQ)