JA (Final Comp Adv signed).pdf

Name: Georgia Murray

Advice and Counsel (Non-Protest) Referral Sheet

Date: 01/10/2020

Title: Contracting Officer Organization: FLCB Extension: 2-4756

Purchase Information

PR#: 0082659004

SOL#: SPE7L420R0020

NSN(s): 2815-:01-433-8139 Item Description: Camshaft, Engine

Award#: _NIA. ______ _ Date Awarded (if applicable): _NIA

Procurement Value ( Estimated): $997,010.94 w/option Vendor: NIA Vendor's CAGE: NIA

Describe here or by attached memo the potential issues or reason for legal review. Include your proposed resolution or draft document, if applicable.

J&A Review

Has this same or similar request been submitted before? X Yes No If yes, when and which attorney responded? Tyson McDonald

Attachments: Include the entire contract file or check the boxes for the documents provided below.

Pre Award XSolicitation, including all Amendments □Source Selection Plan

(FAR Part 15 Competitive Acquisitions) XAcquisition Plan XJ&A (for sole source or limited source acquisitions) XCommerciality Determination XMarket Research Documentation □Pre-Negotiation Briefing Memorandum □Price Negotiation Memorandum □Consolidation/Bundling Memorandum □Audits/Supporting Documents XTechnical Referral/Correspondence

For Legal Use Only

Award □Award, including all Modifications □Source Selection Decision □Supporting Documents

□ All Proposal(s)/Quotation(s) Post Award □Audits/Supporting Documents □Technical Referral/Correspondence □Modification/Change Order □Stop Work Order □Other Correspondence

□Other Documents

Assigned to: _______ ID Number: _________ Date: ______ _ DLAD Covered Review?□ Yes o No □ Routine o Complex□ Time Waiver Suspense Date: ____ _ File Returned? Date: ________ □ Not CO □ Not Complete □ No Proposed Action/Decision

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-20-R-0020

[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 a full and open competition basis.

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

BRIEF DESCRIPTION .NSN/P/N QTY/OPTION QTY EST. VALUE AMSC

Camshaft, Engine 2 815-01-433-8139 83 each/ 83 each $498,505.47 C

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

RECOVERY VEHICLE, FUEL

ESTIMATED BASE VALUE $498.505.47

ESTIMATED TOTAL VALUE (BASE+OPTIONS): $99 8 ,0 I 0.94

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

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

If restricted to the only source(s) of supply, include source(s) and Cage Code:

Brighton Cromwell LLC (3NNX8) L-3 Communications (02978)

The use of the authority cited in other than 10. U.S.C. 2304(c)(I) above:

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

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 pan. 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 I or 2 are valid.

Per telccom on 10 January 2020 with Product Specialist, this is a code and part number as required by the ESA and verified via 339. 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. ESA approval is required to add/delete sources. At this time, Brighton Cromwell (3NNX8) and L-3 Communications (02978) are the only approved sources. The Government does not have the technical data for this item and cannot obtain the technical data economically.

llem will be procured as a Firm Fixed Price Contract, Unrestricted, under FAR PART 15.

ALT is 45 days

MM03 Data I shows PLT of record is 138 days. Based on Market Survey results, review of history, and quantity variance, the required delivery will be 300 days for a quantity of 83 each. Option delivery will be

83 each in 300 days.

The contracting officer reviewed this NSN and has determined this item is not a commercial item;

therefore, FAR Part 12 procedure will not be utilized. This item will be solicited under FAR Part 15. The following factors have led to this conclusion:

• The Commercial off the shelf (COS) field in the CTDF (EBS transaction MM03) is "Blank" but there is no Commercial Sales History. llem is not catalog/price listed. (Sec Tab I of Main File).

• Markel Survey response from L-3 Technologies states this item is not a commercial item and is not a price listed/catalog item. No commercial sales history exists for this item.

• Review of Material Master indicates that this item is a Code/PN item supplied by the following approved sources:

Brighton Cromwell LLC (3NNX8) L-3 Communications (02978)

• Review of the Internet does not show evidence that this item is available on the commercial market.

Based on the aforementioned information the Contracting Officer has determined that this item is not a commercial item

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

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. Item is being bought IA W code and part number and Brighton Cromwell (3NNX8) and L-3 Communications (02978) are the only approved sources for this NSN with the proven manufacturing capacity and capability to produce the item to meet the Government's needs.

ESA approval is required to add/delete sources. The data presently available reflects the minimum needs of the

Government. The Product Specialist was contacted on 21 February 2020 to verify AMC Code. Per Product

Specialist, AMC has been changed from 3 to 1.

9. A listing of sources, ifany, indicating an interest in the acquisition is:

• L-3 Technologies (02978)

10. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 stale that justifications citing the authority al FAR 6.302-1 to pennit the use of other than full and open competition shall include a copy of a previous justification.

Contracting Officer has searched Records Management for previous J&A. Previous procurements have been small purchases, no previous J&A exits.

11. This item is subject to the following methods of locating additional sources:

• The solicitation contains the DLA Land and Maritime Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

• Requirement will be synopsized for 15 days and posted to DIBBS for a period of 30 days

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

Robert L. Heine III Contracting Officer

01/10/2020

Date

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is $498,505.47/$997,010.94 with 100% option____________________________________.

Mary E. Shearer Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

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