JA SPE7MX-19-R-0060_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-0060

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

(FEB 2017)

[X] ORIGINAL

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

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 full and open competition basis.

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

BRIEF DESCRIPTION NSN CAGE/ Part Number

ADQ ADV AMC/AMSC

Electronic Module 5963-14-542-6873 3B1R2/3126983 14 3/P

Identify end item, weapon system, or class of item: Marine Corps Osprey V-22A Aircraft (CXN)

ESTIMATED 3 YEAR BASE VALUE:

MAXIMUM CONTRACT VALUE:

This solicitation is to establish an indefinite quantity contract for a base period of three years and two, one-year options.

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 NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/P. The Government does not have the right to use the data for this item. Only Bell Boeing Joint Project Office (3B1R2) has the rights to the data to manufacture this military specific item.

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

(3B1R2)

The use of the authority cited below:

[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 P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data.

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 AMC/AMSC was reviewed and confirmed by Product Specialist, , on August 15, 2018.

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

[X] The acquisition will be synopsized on or about 8/29/2019 [X] The acquisition will be solicited on DIBBs for a minimum of 30 days.

[X] A Sources Sought was posted to FBO from 03/25/2019 through 03/29/2019

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Cost and pricing data is not required as the contract maximum is below the $2 million threshold.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on March 25, 2019, no responses were received. In addition to the sources sought, Market Research Surveys were sent to the previous supplier MDF Technologies (1P0H6) and the approved source as of March 2019, Zodiac Aero Electric (F0214). Zodiac Aero Electric did not respond to market research inquiries. As of January 1, 2019 Zodiac Aerospace was acquired by The Safran Group.

On 4/18/2019 a 339 was sent to the Navy regarding the approved source listed in the Product Item Description.

Zodiac Aero Electric (F0214) was listed as a source, however, after market research it was discovered that Zodiac was acquired by another company (Safran Group) and no longer exists. The 339 was returned from the ESA on 8/7/2019 and it stated that the item should be procured from the Bell Boeing Joint Project Office (3B1R2).

Bell Boeing Joint Project Office is the sole approved source and was emailed on 9/4/2019 a market research survey to request information on their delivery, expected price, and quantity range breaks. As of the date of this Acquisition Plan, no response was received. Should either contractor submit further information it will be added to the Market Research file.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers.

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

The previous supplier was asked about the commerciality of the item. MDF stated that the item is not commercial and no commercial sales history is available. The buyer conducted an online search for this item and found no evidence of commerciality.

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: MDF Technologies (1P0H6)

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

[X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items and DLA Procurement Note L04 Offers for Part Numbered Items.

12. The prior J&A is attached.

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.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

Attachments:

Prior J&A

TONEY.CAROLYN.

MARIE.1400916922

Digitally signed by

TONEY.CAROLYN.MARIE.14009

16922 Date: 2019.09.04 13:11:57 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.09.06 10:20:13 -04'00'