JA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M9-21-R-0010

PR: 0089888795

NSN: 6625-01-482-4577

ORIGINAL

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 QTY EST. MAX VALUE* AMSC

Test Set, Transponder 6625-01-482-4577 12 R

Identify end item, weapon system, or class of item: Subject NSN 6625-01-482-4577 is described, as a Test Set, Transponder. No Weapon System Code is associated with this NSN. A Firm Fixed Price Contract is anticipated.

ESTIMATED BASE VALUE: (based on 12 ea)

ESTIMATED TOTAL VALUE (BASE + OPTIONS): N/A

MAXIMUM CONTRACT VALUE: (based on purchase of maximum qty break quantity of 25 each on a Firm Fixed Price Contract) ESTIMATED UNIT PRICE: Each

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

(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(s):

Approved source of supply:

TEL-INSTRUMENT ELECTRONICS CORP 92606 P/N T-47NH

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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

(April 2014)

PR: 0089888795

NSN: 6625-01-482-4577

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

For Official Use Only Source Selection Information – See FAR 2 101 & 3.104

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

The use of the authority cited is based on:

[ X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data.

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. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on 8/12/2021. The Product Specialist stated that the AMC/AMSC is a 3/R. According to the Product Specialist, currently the only source known to possess the manufacturing capability and knowledge to produce this item Tele-Instruments (92606).

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

(X) The acquisition will be synopsized on or about 30 August 2021. The solicitation SPE7M921R0010 will be available via DIBBS for 30 days on or about 15 September 2021.

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

Formal C/P Data will not be required because the current estimated contract price is not above the price threshold of $2,000.000.00 (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The acquisition specialist will not be going through the DLA Land and Maritime pricing office for assistance. Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative. An option quantity will not be used for this procurement.

8. Market Research/Efforts to Obtain Competition:

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

PR: 0089888795

NSN: 6625-01-482-4577

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

12.207, contracts for commercial items shall rely on the contactor’s existing quality assurance systems as substitutes for Government inspection and testing before tender for acceptance. The quality requirements and inspections spelled out for this National Stock Number are not compatible, nor feasible, for the item in this acquisition. Therefore, it is determined to be in the best interest of the Government to procure the items under this initiative utilizing non-commercial clauses and terms and conditions.

• The “general public” is interpreted as individuals using parts in a non-govermental or non-military capacity. Market research analysis IAW FAR 12.1 was conducted and it has been determined that the item contained in the survey are not commercial and are not commercial of the shelf items. The contractors which responded to the survey checked no when asked if these items were commercial or catalog/price listed items. The research did not yield any information about the part being available to the general public for inspection nor is there any evidence of sale prices at which sales were made to a significant number of buyers constituting the general public.

• The market survey responses were as follows: Tele-Instruments (92606) indicates that this item is not a commercial item. A review by the product specialist assigned to this NSN shows that the item is not coded 1/Z for commercial products.

• Per FAR 12.205, a review of the item shows that there is no existing product literature generally available in the industry to determine its adequacy for purposes of evaluation.

Prior J&A is attached

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 suitable for full and open competition is not available and cannot be developed.

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: Tele-Instruments (92606)

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

[ X ] The solicitation contains DLAD Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

PR: 0089888795

NSN: 6625-01-482-4577

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

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 $750,000.00 this signature serves as the approval.

Herman L. Poe Contracting Officer

Approval/Certification

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

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Office

Attachments

1. Prior J&A

2. Tech Cert

POE.HERMAN.LE

E.JR.1214625691

Digitally signed by

POE.HERMAN.LEE.JR.12146256

Date: 2021.08.25 07:09:16 -04'00'