JA FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

COMMERCIAL IDC SPE7M520RX002

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 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 QUANTITY ADQ AMSC

Headset-Microphone 5965014461483 2410 2410 Q

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

Maximum contract value calculated as maximum contract quantity (18,000)

Year Base Year Option 1 Option 2 Option 3 Option 4 Total Quantity 2410 2410 2410 2410 2410 12,050 Est. Value Ranges

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. On 12/6/2019, the product specialist certified that the source list and AMC/AMSC code of 3/Q are correct. The PS identified and verified that David Clark (71483) is the only known source that possesses the requisite data rights for this NSN and is uniquely qualified to manufacture this part and the only known active manufacturing source for this item.

Per the Product Specialist, the David Clark H10-26 aviation headset, P/N 12507G-30 or P/N 40074G-02, is constructed with a patented Undercut Gel Ear Seals. This patented ear seal technology contributes to user safety and mission needs in two ways. First, when a user is required to wear a headset for extended periods, a comfortable ear seal allows him or her to keep the headset on longer, without having to remove the headset to give the ears relief. The user is thus less likely to miss potentially mission-critical communications. Second, a comfortable ear seal not only blocks out noise that can affect the ear after long periods of exposure to heightened decibels, but it also allows the user to hear communications more clearly. This patented ear seal technology makes David Clark (71483) uniquely qualified to supply NSN 5965014461483, as per the Product Specialist it is the only known source that owns or possesses the necessary technical data/drawings and manufacturing knowledge capable of manufacturing the headset.

According to the Product Specialist, there are no other active manufacturing sources for this item.

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

David Clark Company Inc (71483)

The use of the authority cited is based on:

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

(X) 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.

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

(X) The acquisition will be synopsized on or about January 2020.

(X) Other (Explain): Will be posted to the DLA Internet Bid Board System (DIBBS).

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

The most recent procurement was a Commercial IDC with four orders in 9/2019 for 296 units at $288.05 per unit from David Clark Co. Inc. (71483), the sole approved source. These orders exhausted the IDC.

The estimated annual demand from the materiel planner is 2410 units per year, with a maximum estimated at 3000 units per year. The project will be solicited for the base year plus four option years. The annual total estimated price is , with a maximum annual estimated price of

For the project life of five years, the estimated price is and a maximum of .

8. Market Research/Efforts to Obtain Competition:

The Market Survey received from David Clark (71483), the sole approved source, on the previous IDC was used. Additionally, a Sources Sought notice was synopsized on Beta SAM to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the government’s requirements.

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

a) A Sources Sought synopsis was posted on Beta.SAM on 12/5/2019 for 14 days with responses due by 12/19/2019.

b) Total number of vendors contacted: None (0)

c) Names of vendors contacted and responding: None (0)

d) Techniques used to conduct survey: Sources Sought notice on Beta SAM

e) Types of information requested: The market survey contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability and company size/profile. Specific information was requested regarding the commerciality of the product and the vendor’s desire to initiate an IDC with option years. (See Attachment #2)

f) Summary of information received: David Clark responded that they are a small business manufacturer that prefers to deal directly with the Government. They would be interested in either a large purchase or long term contract.

g) Information received regarding the commerciality of the item(s): David Clark stated on their market survey that this item is a commercial item that is catalog/price listed and available to the public.

h) No responses were received from the Sources Sought posting.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) David Clark Co. Inc. (71483)

11. IAW DFARS PGI 206.303-2(b)(i)(B), the previous J&A must be attached (see Attachment #1). This item is subject to the following methods of locating additional sources: DLAD Procurement Note L04, Offer for Part Numbered Items.

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.

Contracting Officer Phone Date

Roy Pitman Typed name of Contracting Officer

Approval/Certification

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

The estimated price is , and a maximum of .

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

ATTACHMENTS

#1- Previous J&A, IDC SPE7M519D5011 #2- Market survey

PITMAN.ROY.V.

1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2020.01.13 16:11:21 -05'00' 6146926346 13JAN2020

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.01.22 11:33:44 -05'00' 6146923760 22JAN2020