JA Redacted . SPE7M522R0021.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M522R0021 / PR 0093924427

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.

5/18/2022 the Product Specialist certified the AMS/AMSC code of 1/C and the approved sources of Microwave Engineering (06351), Northrop Grumman (26916) and Smiths Interconnect (52791) were accurate and complete. This item is a classified item and a DD254 is required.

There are no other sources of supply for this material.

Per the Product Specialist, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source.

The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than the current sources.

Therefore, Microwave Engineering (06351), Northrop Grumman (26916), and Smiths Interconnect (52791) are uniquely qualified as they are the only known sources that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN.

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

[X] The acquisition will be synopsized for 16 days on or about June 2022 on the DLA Internet Bid Board (DIBBS) and will be solicited for 30 days on or about July 2022 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://SAM.gov on 5/19/2022 with a respond by date of 5/26/2022.

o No responses or inquiries were received from any interested party.

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

To determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve, PPI, current market value of item and/or similar items, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. The contract maximum value is not expected to exceed the TINA threshold of $2.0M. Therefore, IAW FAR 15.403-4(a)(1), Certified Cost/ Price Data will not be required.

Item is not on GSA Advantage.

Internet search consisted of online availability of NSN. There is no pricing for this NSN, but a quote request is available through several Dealers.

https://www.parttarget.com/5985-01-067-9137_5985010679137_312350-2.html https://www.wbparts.com/rfq/5985-01-067-9137.html

Although this NSN was listed on Part Target and WBParts website, these sites and similar sites routinely list large numbers of NSNs as available for quote without being authorized dealers or distributors and without confirming that they can obtain the part.

Part Target and WBParts did not provide an offer to the most recent procurement (May 2021) and therefore, are not considered viable dealers.

A Sources Sought was posted to https://SAM.gov on 5/19/2022 with a respond by date of 5/26/2022.

o No responses or inquiries were received from any interested party.

Commercial Determination:

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

Research in Google showed part number is available through a Request for Quote

(RFQ).

GSA advantage yielded no results.

Market survey results from the manufacturer, Microwave Engineering (06351) stated item is not a commercial product, and item is not on a GSA Schedule.

The Commercial off the Shelf (COTS) field in MM03 contains a “no”.

The AMC/AMSC is not coded as a commercial product by the Product

Specialist / ESA.

The AMC/AMSC is coded as a 1/C.

The part requires engineering source approval by the design control activity in order to order to maintain 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.

DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government.

The AMC/AMSC code was certified as accurate by the Product Specialist on 5/18/2022

Commercial Summary:

Commerciality information obtained is contradictory. While the item appears to be available for public purchase through RFQ websites, the product is not labelled as a COTS product in MM03, DLA’s AMC/AMSC coding does not reflect a commercial product, and the manufacturer stated this is not a commercial item. Therefore, the RFQ websites through internet searches are subject to suspect as they might not be for the correct item.

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist/ ESA), use of market surveys, sources sought notices, procurement history, and research of the market through key words searches on the internet and database, the Contracting Officer has determined that it is in the best interest of the Government to proceed as a non-commercial item, using FAR Part 15 procedures in lieu of FAR Part 12.

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:

Microwave Engineering (06351)

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

Solicitation will be included, but is not limited to, the following Procurement Notes:

Solicitation will include, but is not limited to, the following Procurement Notes:

L04 Offers for Part Numbered Items M06 Evaluation of Offers for Part Numbered Items E05 Product Verification Testing (MAY 2020)

Item is a classified item. A DD254 is required.

This item has technical data some or all of which is subject to export-control regulations. Distribution of the technical data and eligibility for award are limited to those suppliers qualified through eJCP/JCP certification, or to those licensed by either the Departments of State or Commerce, or to foreign suppliers pursuant to international agreements.

DFARS PGI 206.303-2(B). A copy of the most recent J&A is to be included in the file. However, no recent J&A could be located.

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.

The estimated PR Value of this J&A is The estimated Maximum Value (at the top price break) of this J&A is

Christine Boyer, Contracting Officer Date

APPROVAL/CERTIFICATION

Competition Advocate Date Date

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

Attachments Technical Certification

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2022.06.13 12:38:02 -04'00' 6/13/2022

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER MARY.E.125070244

Date: 2022.06.16 16:46 26 -04'00'