JA SPE7MX19R0109 -Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX19R0109

DLA Land and Maritime Justification and Approval for Other than Full and Open Competition (J&A) (April 2014)

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited in paragraph 4:

These items are used on military specific equipment designed to satisfy the needs of the warfighter on military aviation life support and communication systems. These items were determined to be non-commercial, which is supported by the market survey with the sole, approved source. The weapon systems or support equipment, on which these items are used, were designed to meet military-specific requirements. The Government does not have technical data sufficient for full and open competition, and the sources identified are the only known sources that have the technical data and manufacturing knowledge necessary to ensure these repair and replacement parts properly support the weapon systems. There is no evidence that commercial parts can support these military-specific systems. It is therefore essential to limit to the approved CAGE codes and part numbers.

NSNs 4720012901372 and 5965013172093 are Critical Safety Items (CSIs). In accordance with DFARS 209.270, these CSIs may only be procured from a source approved by the head of the design control activity. Gentex (60240), is the only source approved by the applicable design control activity.

The product specialist reviewed the technical information and “certified it as complete and accurate” on 1/16/2019.

The procurement item descriptions (PIDs) for each NSN are included as Attachment 1.

The use of the authority cited is based on:

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

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.

AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

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.

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

The acquisition was already synopsized on 6/4/2019.

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

Cost or pricing data will be required, as the contract maximum for this project exceeds the $2Million threshold. The data will be reviewed by the DLA Land and Maritime Pricing Office and, possibly, the cognizant Defense Contract Administration Office. Cost analysis will be performed along with price analysis to establish price negotiation targets.

Negotiations will be held, unless the prices can be determined to be fair and reasonable without negotiations. The price analysis will be conducted using historical pricing determined fair and reasonable for the same or similar items, adjusted by Producer Price indexes (PPIs) and learning curves. By using the above techniques, the Contracting Officer anticipates that the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Source sought notice was issued 11/19/2018 and closed 11/26/2018 with no responses.

Market survey sent to the sole source, Gentex Corporation (60240), 11/16/2018.

Gentex replied 12/17/2019.

Large manufacturer, prefer to deal directly with the Government Interested in LTC Items not commercial

Items are not commercial

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 for these items. 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:

Gentex Corporation (60240)

11. Actions being taken to overcome barriers to competition:

The solicitation contains DLA Procurement Notes, L04 Offers for Part Numbered Items, and M06 Evaluation of Offers for Part Numbered Items. L04 explains how offerors can submit technical documentation for alternate item review.

12. There was not a J&A in the e-contract file for contract SPE7MX15D0158. The basic contract administrator looked in the physical contract file, and the Contract File Content List did not have Tab 4 marked for a J&A. Therefore, a previous J&A is not attached.

Attachment:

1 PID-PKG R0109

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.

614-692-9252

REBECCA H. HARTGE Date Phone Contracting Officer

Approval/Certification

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

614-692-3670 MARY E. SHEARER Date Phone Competition Advocate

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

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

HARTGE.REBECC

A.H.1273657475

Digitally signed by

HARTGE.REBECCA.H.12736574

Date: 2019.06.19 10:23:47 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.06.20 12:52:05 -04'00'