JA SPE7M224R0008 redacted_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M224R0008

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

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

This item is a critical safety item, and in accordance with DFARS 209.270-3(a), DLA must procure this item only from those sources approved by the design control activity. At this time, only the following identified sources have met the qualification standards and are the only sources that have been approved by the design control activity:

05201 – Advance Development and Manufacturing 1P6K0 – Form, Fit and Function LLC dba F3 Engineering

Although the government possesses drawings for this part it is necessary to limit competition to those companies with engineering source approval by the design control activity. This requirement is because the Aircraft Launch and Recovery Equipment (ALRE) includes catapult launch and arrested landing system equipment that launches aircraft from an aircraft carrier or air capable ship, guides the aircraft back to the ship or expeditionary airfields, and recovers the aircraft safely. Over the past 30-plus years, aircraft have continued to increase in weight, while many of the ALRE systems and components have not undergone significant redesign to accommodate these higher energy loads . In response, NAVAIR established the ALRE Flight Safe Program, which governs the life-cycle management of ALRE Critical Safety Items (CSI) and Critical Application Items (CAI). These items, as determined by NAVAIR, are essential to weapons system performance

The use of the authority cited below:

[ 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.

NOTE: I/A/W FAR 6.303-2(c), on 12/05/23, the product specialist certified that the technical data, including the AMC/AMSC codes and approved sources, were complete and accurate. Advance Development and Manufacturing (05201) part number 627240-1 and F3 Engineering (1P6K0) part number 627240-1 are the only approved sources and part numbers for NSN 3020014612737.

See attachment #1

The Engineering Support Activity (ESA), via DLA form 339, must approve any alternate source offers via a source approval request (SAR) package.

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

[ X ] The acquisition will be synopsized 15 days before the solicitation is issued [ X ] I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to SAM.gov from 12/4/2023 to 12/12/2023 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 below.

[ X ] At the completion of the synopsis period, this solicitation will be posted on the internet for 30 days via the DLA Internet Bid Board Systems (DIBBS).

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

The anticipated price/cost will be fair and reasonable in accordance with FAR 6.303-2(b)(7). Competition between two independent manufacturers is anticipated per market surveys returned from both companies; however, other than certified cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination. Negotiations may be conducted and will be continued until suitable for both parties.

Based on the above techniques, the contracting office hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research for this procurement conducted from 12/04/2023 to 12/09/2023.

Techniques used to conduct market research:

- Past procurement history of the NSN being procured

- Review of market research data that was available from the previous procurement for same NSN

- A sources sought notice was posted on SAM.gov from 12/04/2023 to 12/12/2023. No additional responses received from interested parties

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X ] A market survey was conducted on/during 12/04/2023 to 12/09/2023.

Total number of vendors contacted: 2.

Names of vendors contacted and responding: The two approve sources were contacted, (05201) Advance Development and (1P6K0) F3 Engineering. Advance Development received all prior orders except 1 which went to F3 Engineering but was canceled . Both sources responded to the market survey.

Advance Development:

- Willing to submit an offer for this solicitation

- A small business approved manufacturer, US operated

- Offers exact part number 627240-1, domestic product

- This is not a commercial item

F3 Engineering

- Willing to submit an offer for this solicitation

- A small disadvantaged business approved manufacturer, US operated

- Offers exact part number 627240-1, domestic product

- This is not a commercial item

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

According to both approved sources Advance Development (05201) and F3 Engineering (1P6K0) this is a non-commercial item. This is a critical safety item for the Aircraft Launching Recovery system so it is highly unlikely this item would ever be used in the commercial world. The Contract Specialist searched the internet, GSA Advantage, and the Commercial Item Database in PIEE and no results were found. I/A/W FAR 2.101, the contracting officer determined that the item is non-commercial. Therefore, the solicitation will be issued utilizing FAR 15 procedures.

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

[ X ] Other: (Explain) This is a Critical Safety Item with a Special Procedures Category (SPC) code of “01”.

Naval Air Systems Command, Lakehurst (NAVAIR) is the design control activity and determines which manufacturers are capable of producing the item to its CSI requirements. The components being acquired under this solicitation have been classified as “critical” requiring engineering source approval by Naval Air Systems Command (NAVAIR). Only those companies who have submitted requests for source approval and have been approved will be eligible for award. Any manufacturers that are not approved by NAVAIR will be required to submit a Source Approval Request (SAR) Package for the Navy ESA to approve for future procurements

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Advance Development & Manufacturing (05201) F3 Engineering (1P6K0)

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

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items

[ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. The J&A from the previous acquisition, SPE7M2-23-C-0007, is attached for review (Attachment #2).

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/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X ] Over $750,000 to $15,000,000 Competition Advocate

Attachments:

Attachment 1 – Technical Certification from Product Specialist Attachment 2 – Justification & Approval from SPE7M2-23-C-0007

WIEBUSCH.JAMIE.1

251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.02.13 17:01:36 -05'00'

02/13/2024

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2024.02.15 12:16:51 -05'00'

02/15/2024