JA - Redacted (SPE7M419R0011)_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M419R0011

[X] 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/P/N QUANTITY EST. VALUE AMSC

DETECTOR, METALLIC, PARTICLE

(ROTOR TRANSMISSION)

2995011142151 99 B

Identify end item, weapon system, or class of item:

NSN item DETECTOR, METALLIC, PARTICLE (ROTOR TRANSMISSION) is used on the Helicopter, Chinook, CH-47.

Contract history shows that this item is primarily purchased by the military, specifically Department of the Army. Weapon System is 05A. NAICS code is 336412.

LARGE PROCUREMENT- Request for Proposal (RFP):

ESTIMATED TOTAL RFP VALUE (based on the additional quantity of 150 each):

No option will be included.

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.

This item is considered a sole source or available from a limited number of sources because this is a source controlled item available only from the sources listed on the drawing. Offerors who are interested in qualifying their product for purposes of future acquisitions are directed to contact the cognizant design activity specified on the source control drawing. According to the product specialist there are no other concerns seeking source approval at this time.

APPROVED SOURCE:

Eaton Aerospace LLC DBA CAGE 97484; P/N: B4386A This is the only known restricted source that is specified on “Source Control” drawings / documents necessary to manufacturer this NSN item. A complete data package of drawings/specs will not be available at the time of solicitation.

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

CAGE 97484; –large business manufacturer.

• Last award was issued under the simplified acquisition; therefore, a J&A was not required.

The use of the authority cited below:

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

[X] AMSC = B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

This item references drawings in the PID (BASIC DRAWING NR 77272 145DS015 and other reference drawings), but these drawings are incomplete to provide for full and open competition for this part. Eaton Aerospace LLC DBA CAGE

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

(DEC 2016)

SOURCE SELECTION INFORMATION; SEE FAR 2.101 & 3.104

(97484) is the only known source to have all the data or data rights necessary to manufacture this item to satisfy military requirements.

• NOTE: Basis for the justification have been concurred as complete and accurate by the Product Specialist on 7/1/19 I/A/W FAR 6.303 (c).

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

[X] The acquisition will be synopsized for 15 days.

[X] Solicitation will be posted to DIBBS for 30 days.

[X] Other

• I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to FedBizOps for five (5) business days as a part of market research, per FAR 6.302-1 to make sure that offers will be received from 8/28/2019-9/5/2019 as part of market research to make sure that offers will be received “from as many potential sources as is practicable under the circumstances” (FAR 6.302-1), see market research paragraph 8 (eight) below.

7. The Contracting Officer is hereby determines that the anticipated price/cost will be fair and reasonable in accordance with FAR 6.303-2(b)(7). In accordance with FAR 15.403, cost and pricing data is not required under this acquisition threshold, however, other than cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination. Negotiations may be required and will be continued until suitable for both parties and a determination that the anticipated cost is fair and reasonable to the government is made by the Contracting Officer.

8. Market Research/Efforts to Obtain Competition:

Market research for this procurement was conducted from 8/28/2019-9/5/2019.

Techniques used to conduct market research:

Past procurement review of the requested item NSN;

Data classification (SAP) industrial supply values / characteristics review;

Web search for commercial use of the NSN item P/N requested;

FLIS and GSA databases were queried to identify other potential sources for this item. No other sources found.

A sources sought notice was posted on FedBizOps from 8/28/2019-9/5/2019 – no responses from additional interested parties were received.

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

Total number of vendors contacted: Market survey was sent to two (2) contractors via email: Eaton Aerospace LLC DBA CAGE 97484 the approved sole source OEM and dealer AAR Supply Chain Inc. (1Y249).

Types of information requested: delivery, quantity sensitivity, price break availability, commerciality, business size, business type, FOB information, etc.

Name of vendors/responses:

Eaton Aerospace LLC DBA (97484) did not respond to the market survey.

AAR Supply Chain, Inc (1Y249) did not respond to the market survey.

Non-commerciality determination:

Market research and procurement history indicates this part is not commercial. The Internet additional searches and Haystack records indicated that it is not sold commercially. There was no cataloged price listed to the general public provided for any of these items.I/A/W FAR 7.102(a)(4) the item is not GSA listed from sources other than DLA. Data classification (SAP) industrial supply values/characteristics review indicates the item is not commercial. I/A/W FAR 2.101 the Contracting Officer determines that the item does not meet the definition of commerciality.

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

(DEC 2016)

SOURCE SELECTION INFORMATION; SEE FAR 2.101 & 3.104

DLA Land & Maritime Justification for Other Than Full & Open Competition (DEC 2016)

SOURCE SELECTION INFORMATION; SEE FAR 2.101 & 3.104

9. Additional facts supporting other than full and open competition are:

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:

NONE

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

[X] L22 Restriction of Alternate Offers For Source Controlled Items (APR 2017) FAR 52.211-02 and DFARS 252.211-7001 will be included in the solicitation when the acquisition is restricted to material manufactured by the sources listed on the source control drawing, as indicated by AMSC code B.

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.

______ ____ ____2/2621___ _____11/19/19_______ Contracting Officer Phone Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer