JA Post Solicitation PR 00943161645 KOSigned reviewed (003)_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M822T4221

Justification for Other Than Full & Open Competition

CUI

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY ACTUAL VALUE AMSC

Switch, Toggle 5930-01-277-4025 241 C

Identify end item, weapon system, or class of item: The FAT Waived sources are Mason Electric Co (81579) PN 407- 4336 & Guardian Electric (73949) C9625-2. Spare/repair parts for the US Air Force in the (19F) Aircraft, Eagle F-16.

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

[ X ] 10 U.S.C. 3204(a)(1) - 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: Mason Electric Co (81579) PN 407-4336 & Guardian Electric (73949) C9625-2

Mason & Guardian are the only known sources that possesses the drawings and technical data rights for this NSN. The government does not own the proprietary rights to produce a competitive TDP.

The source identified above has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. The use of incorrect material and/or improper process/quality control during manufacturing would result in malfunction or complete failure of this item. This procurement began as a simplified acquisition. This acquisition was originally solicited as an under SAT buy but became an under over effort following receipt of DIBBS quotes.

The use of the authority cited in other than 10 U.S.C. 3204(a)(2) above:

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

The use of the authority cited is based on:

[X] 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 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.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on March 16, 2023. The Product Specialist stated that the AMC/AMSC is a 1/C (See Attachment 1).

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

[ X ] This is an under/over large buy. It was, originally, solicited as under SAT buy as a service disabled small business set aside.

I hereby determine that the anticipated cost to the Government will be fair and reasonable. The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary.

Total number of vendors contacted: Quotes were received from 2 small business entities, including the approved source for the original simplified solicitation.

Information regarding the commerciality of the item(s): Based on past history review and Internet research that did not reveal any commercial sales history, catalogs/brochures, or established price list, a SAP COTS field status of “N”, and market survey responses, and in accordance with FAR 2.101 this item is considered to be non-commercial.

Additional facts supporting other than full and open competition are:

Based upon AMC/AMSC of 1/C the technical data suitable for full and open competition is not available and cannot be developed. The data presently available reflects the minimum needs of the Government.

A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Black Bay Aerospace (7QEZ4). Black Bay is a Service-Disabled Veteran Owned Small business quoting the parts of (73949) Guardian.

Integrated Procurement Technologies (4KOV2). IPT is a Small Business quoting the parts of (81579) Mason Electric.

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:

Efforts to Qualify Additional Suppliers for future procurements include the following: This procurement was originally published as an under SAT solicitation it was sent to all potential vendor that were listed on the bidders list in EBS. Those entities included: Mason Electric (81579), Guardian Electric (73949), (7QEZ4) Black Bay Aerospace, (7HVP5) MG Enterprise, (7Z016) Kampi, (3WGD1) Statz Corp., and (0ZBE*) Triman.

[ X ] The solicitation contains the procurement note M06 entitled Evaluation of Offers for Part Numbered Items and L04 Offers for Part Numbered Items

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.

Herman L Poe

Contracting Officer

POE.HERMAN.LE

E.JR.1214625691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2023.03.31 08:03:19 -04'00'

APPROVAL/CERTIFICATION

APPROVAL REQUIREMENTS

[ X ] Up to $750,000 Contracting Officer

Attachment

1. Technical Certification