JA FOIA.pdf

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M522R0015; Purchase request (PR): 92693892

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

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.

On 1/27/2022, the Product Specialist (see Attachment #1) certified that the technical information, including the AMC/AMSC codes and approved sources, is complete and accurate. The product specialist validated that this NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/C. Boeing is uniquely qualified because they are the only known source that owns or possesses the complete technical data required to make this item.

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

The acquisition will be synopsized on or about 3/15/2022 for 15 days. At the conclusion of the synopsis, the solicitation will posted on the DLA Internet Bid Board System (DIBBS) for 30 days.

A Sources Sought was posted to SAM on 1/26/2022 for 15 days and no responses were received.

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

This will be a firm, fixed price contract for stocked items. IAW FAR 19.702(a)(1) a subcontracting plan will not be required as the estimated value will not exceed $750,000. IAW FAR 15.403-4, Certified Cost or Pricing Data will not be required as the estimated maximum value will not exceed $2 million.

Negotiations may be used pending price analysis and competition.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable. This NSN recently went to the award stage before being cancelled in 1/2022. The procurement was for 6891 units unit from Boeing.

Length of contract: A firm, fixed price contract for a definite quantity with no options will be issued.

7. Market Research/Efforts to Obtain Competition:

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

The trailer states this part is a Commercial off the Shelf (COTS) item and the internal text notes this part meets the definition of a commercial item IAW FAR 2.101. However, Boeing did not state this is a commercial part on their previous offer. A search on both Google and GSA Advantage found no listings. A search on the website for Boeing did not find this part listed. The Contracting Officer hereby determines that this item is not commercial.

A Sources Sought was posted on SAM from 1/26/2022 to 2/9/2022, but no responses were received.

In addition to the sources sought, a Market Survey was sent to Boeing on 1/26/2022. While Boeing did not provide a completed Market Survey, they indicated an interest in submitting a proposal. Moreover, their recent offer on the cancelled procurement provided much of the information sought by the Market Survey.

Techniques used to conduct survey [X] A Market Research email was sent to Boeing.

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M522R0015; Purchase request (PR): 92693892

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

Types of information requested: The market survey requested that companies provide answers to general questions pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist (see Attachment #2).

Summary of Markey Survey Information Used:

This is information from the previously cancelled procurement under solicitation SPE7M521R0025 in 1/2022. Any contracts will be issued under Basic Ordering Agreement (BOA) SPE4A1-19-G-0013, and all terms and conditions apply. Delivery is estimated at 15 months after the contract date. Boeing is a large manufacturer.

8. 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. The Government does not have the data to manufacture this item and this is a CAGE and part number purchase. All interested parties wishing to submit an offer must submit a SAR data package for review by the cognizant ESA.

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

Boeing (0PXV4)

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

[X] Solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items and Procurement Note L04, Offers for Part Numbered Item.

All offers submitted will be considered and evaluated based upon the requirements as stated within the solicitation.

11. IAW DFARS PGI 6.3, the previous J&A must be attached. As the last procurement was made using procedures below the Simplified Acquisition Threshold, a J&A does not exist.

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.

Contracting Officer Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

Attachments:

1. Product specialist certification

2. Market Survey

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2022.03.09 08:11:19 -05'00'

3/9/2022