J AND A REDACTION--SPE7MX21R0095.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-21-R-0095

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

(FEB 2017)

[X] 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 on other than full and open competition basis.

DLA Land and Maritime is pursuing a Firm-Fixed Price, Long-term, Indefinite Quantity Contract (IQC) with annual price escalations under FAR 12- Acquisition of Commercial Items.

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

The end item for this procurement is used to support various weapons systems to include the U.S. Military’s B-52 Stratofortress aircraft.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

PERIOD OF PERFORMANCE: Three base-years, two, one-year options

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.

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

(32108), Large business.

Technical data is not available and cannot be developed to permit full and open competition. Technical data has been certified as complete and accurate by the Product Specialist on February 8, 2021. All means to obtain a technical data package adequate for manufacture of this item has been exhausted. Product Specialist also certified the accuracy of the procurement NSN(s), AMC/AMSC(s), and approved source as identified in this J&A are valid and have no pending DLA Form 339(s).

The use of the authority cited below:

[X] AMC: 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

The use of the authority cited is based on:

[X] AMSC C. This part requires engineering source approval by the design control activity 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

BRIEF DESCRIPTION

NSN

Cage/Part Number

ADQ

ADV

AMC/AMSC

HEADSET, ELECTRICAL

5965-01-605-4139

324843-W130

3,354

3/C 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. 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.

Bose Corp. (32108) is the only source currently approved by the design control activity. They are the only known source to possess the requisite rights to technical data for this item and the only known approved source for this item. BOSE is the only approved source assigned by the Engineering Support Activity (ESA) based on the comfort, reliability, ease of use, fitment, and compatibility with systems and other needs specific to the military weapon systems listed in item #3 above. Specific traits of the item include the following:

Noise Cancellation: Proprietary technologies in the A20 aviation headset reduce more noise than ever before, across the full spectrum of human hearing, in even louder environments. Advanced electronics now use microphones both inside and outside each earcup to sense and reduce more ambient sound. Improved Bose ear cushion technology helps further reduce unwanted noise. New cushion materials block more sound before it enters the earcups, providing an even quieter headset experience.

Comfortability: The A20 aviation headset also provides a new level of comfort and stability. The overall headset profile is more compact, but the earcup cavity has been enlarged to allow more room for the ears. These proprietary cushions improve the earcups' acoustic seals, even over eye glasses, and remain comfortable during long flights. The solid magnesium headband is extremely durable, yet lightweight, and its sheepskin cushion eliminates hot spots. All these improvements have been achieved without increasing the headset's weight or clamping force. The A20 headset weighs just 12 ounces and exerts significantly less clamping force than most active headsets.

AUX IN and Bluetooth technology convenience: The redesigned control module now includes an auxiliary audio input with Intercom/AUX priority switching. Many pilots will want to use this input for dedicated GPS and traffic warning systems. You can set audio priority to mute the AUX input completely when intercom signal is detected, or to simply lower the AUX volume appropriately.

Smart power control: The power system in the A20 aviation headset includes a smart shutoff feature that helps provide at least 45 hours of use from just two AA alkaline batteries. With the installed version of the headset, the technology intelligently switches from aircraft power to battery power as needed.

The A20 aviation headset features greatly improved noise reduction across a wider range of frequencies:

Significantly improved noise reduction across a wider range of frequencies. Proprietary Bose innovations now use microphones both inside and outside each earcup to sense and reduce more ambient aircraft noise.

Redesigned ear cushions deliver greater comfort and improved stability: Redesigned ear cushions deliver greater comfort using new materials. More compact earcups now have a larger interior cavity, allowing more room for the ears; redistribution of headset weight also helps improve overall comfort and stability.

Due to the critical application of this item, alternate sources must be approved in accordance with the design control activities’ procedures and requirements which have been established by the responsible Government engineering authority. To ensure continued product integrity of the item, procurement is restricted by the ESA to the source listed. This source is known to have the required experience and capability. Many of the parts can be used on both the commercial and military versions without modification. However please note after-market or alternate source parts would have to be reviewed on a case by case basis and evaluated by the ESA’s. Using unapproved parts could potentially compromise the normal operation/function and safety of the vehicle and its occupants/troops. Bose Corporation is the only known source to possess complete and adequate technical data / data rights for this item.

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

[X] Acquisition was synopsized April 7, 2021 for a minimum of 15 days.

[X] Solicitation will be posted on Fed Biz Ops and the DLA Internet Bid Board System (DIBBS) O/A June 10, 2021 for a minimum of 30 days.

[X] Buyer posted Sources Sought notice to FBO on March 1, 2021 with a suspense of March 8, 2021. Buyer received no responses.

7. I hereby determine the anticipated cost to the Government will be fair and reasonable. Cost and Pricing Data is not required per FAR 15.403-1 (b)(3). Price analysis will be conducted to deem prices fair and reasonable as required per FAR 15.403-4. Price analysis will consist of utilizing historical prices and adjustments based on PPI Index. Buyer will also adjust price utilizing learning curves to determine high and low Government targets for this acquisition. Buyer may request offeror(s) submit information other than cost and pricing data to determine price reasonableness.

8. Market Research/Efforts to Obtain Competition: Market Research previously conducted February 2021 by the SAPD Strategic Sourcing Team; buyer conducted follow-up research from March to April 2021. Survey Requests were forwarded to vendors that were contacted during initial Market Research by the SAPD Strategic Analysis Team, and /or they previously quoted or have been a previous contract awardee of the procurement item. Potential offerors may also have quoted or been awarded contracts on similar items.

Buyer contacted approved source and potential distributors and encouraged all to complete a Market Research Survey Questionnaire to indicate industry capabilities and interest.

Types of information requested: Vendors were contacted and supplied with a Market Research Survey Questionnaire and accompanying spreadsheet to input pertinent data. The Market Survey sought information on company size, status, willingness to engage on a long-term contract and provide certified cost and pricing data (CCPD), general pricing data, risks, delivery, FOB point, packaging, consolidation, commerciality, electronic data interchange (EDI) capability and number of units they can produce in a year.

Summary of Markey Survey Information Received:

Survey Requests were forwarded to the following vendors as they were contacted during initial Market Research from SAPD Strategic Analysis Team, and /or they previously quoted or have been a previous contract awardee of the procurement item:

EDMO DISTRIBUTORS, INC. (0Z3C6)

- Small Business distributor/dealer

- Did not response to market research; attempted to contact via email and telecom

MYPLANE, INC. (43M47)

- Small business distributor/dealer

- Did not response to market research; attempted to contact via email and telecom

EMPIRE AVIONICS, CORP. (1BRS6)

- Veteran Owned Small business distributor/dealer

- Did not response to market research; attempted to contact via email

GARDNER AVIATION SPECIALIST, INC. (415A9)

- Small business distributor/dealer

- Did not response to market research; attempted to contact via email

KAMPI COMPONENTS CO, INC. (7Z016)

- Small business distributor/dealer

- Did not respond to market research; attempted to contact via email and telecom

BOSE CORP. (32108)

- Large business OEM

- Deems item as commercial IAW FAR 2.101(b)

Information received regarding item commerciality: In accordance with DFARS 212.102(a)(ii), when Government acquisition personnel have previously determined that an item or service meets the commercial item definition, contracting officers should consider this a potential indicator of commerciality. This item is currently listed on GSA contract GS07F0232N and is also identified as commercial on proceeding DLA contract (SPE7LX-18-D- 0004). Buyer also searched the internet and located various forms of headsets. By obtaining information from the previous market survey, previous buyers research, and current market research, there is no justification to remove or challenge the previously established commercial determination. It was previously determined the item could be purchased in the commercial marketplace to the general public and this determination still exists as the item can be located through internet searches. The market research conducted for this project has demonstrated that the prior commerciality determination is relevant and appropriate for this acquisition. Therefore, it is the contracting officer’s determination the item for this procurement is commercial and FAR Part 12 will be applied.

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

10. A listing of sources, if any, indicating an interest in the acquisition: BOSE CORP. (32108).

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

[X] Solicitation contains DLA Procurement Notes L04, Offers for Part Numbered Items, and M06 Evaluation of Offers for Part Numbered Items

12. The buyer searched the previous awards listed in the contract history in Records Management in E- Procurement for previous J&A’s. J&A for preceding procurement, SPE7LX-18-D-0004, is listed at Attachment #1 for reference.

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 $750,000, this signature serves as the approval.

BRANDY WARNER

Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate Signature

I have reviewed and approve this justification.

Head of Contracting Activity (HCA)

ATTACHMENTS:

1. J&A--SPE7LX-18-D-0004

2. Technical Certification

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.125

1897880 Date: 2021.06.02 07:16:05 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.06.08 08:41:21 -04'00'

BROWN.MARK.ALBE

RT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.1041175032

Date: 2021.06.08 09:42:47 -04'00'