JA SPE7MX19R0169_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX19R0169

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ 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 a full and open competition basis.

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

This solicitation is a DLA Stock procurement for the following NSNs listed below. The items are headsets and various headset accessories. They are used on various aircrafts such as the C- 17, C-130J, B-52 and the C/KC-135. The headsets allow personnel to communicate with each other in the aircraft and with the ground crew. They are commercial off the shelf items.

NSN ITEM DESCRIPTION ADV ADQ AMC/AMSC QCC

5965014243297 HEADSET-MICROPHONE 1,571 3/D DAA

5965011825727 HEADSET-MICROPHONE 2,013 3/Z DAA

5965014390793 HEADSET-MICROPHONE 972 3/C DAA

5965014461533 HEADSET-MICROPHONE 656 1/Z DAA

5965014833200 HEADSET,ELECTRICAL 306 3/R DAA

5965014614558 HEADSET,ELECTRICAL 266 3/C DAA

5965014252039 MICROPHONE,CAPACITO 1,090 1/C DAA

5965014243291 EARPHONE ELEMENT 1,747 3/Z DAA

5965014461530 HEADSET-MICROPHONE 236 3/Z DAA

5965010320940 HEADSET-MICROPHONE 107 3/B DAA

5965016541261 HEADSET,ELECTRICAL 44 3/D DAA

5965014614417 MICROPHONE,DYNAMIC 228 3/C CAA

5965014614599 EARPHONE ELEMENT 147 3/D DAA

5965014156871 CUSHION,EAR 618 3/Z CAA

5965014243296 SHIELD,MICROPHONE 1,244 3/Z CAA

5965012017487 MICROPHONE ELEMENT 81 1/C DAA

5965015195118 HEADBAND,HEADSET 129 3/Z CAA

5965013411480 FILTER,ACOUSTICAL 469 3/D DAA

The Federal Stock Group Code for this NSN is 59 (Electrical and Electronic Equipment Components which represents the commodity class of the item.

The proposed action is for the solicitation and award of a five (5) year, firm fixed price Indefinite Quantity Contract (IQC). The five year period consists of three (3) year base period and two (2) separately priced, one year option periods. The estimated contact values are below:

Total Annual Demand Value (ADV):

5 year value (Base + Options):

Maximum Contract Value:

Minimum Contract Value:

4. The statutory authority permitting other than full and open competition is:

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

On 12/18/19 the Product Specialist certified to the accuracy of the AMC/AMSC coding and list of approved sources. Per the Product Specialist, the Government does not have adequate data/data rights to compete the procurement of these items. David Clark Company Inc. (71483) is the only source known to possess the necessary data/data rights for NSNs 5965014243297, 5965011825727, 5965014390793, 5965014833200, 5965014614558, 5965014243291, 5965014461530, 5965010320940, 5965016541261, 5965014614417, 5965014614599, 5965014156871, 5965014243296, 5965015195118, and 5965013411480. David Clark Company, Inc. (71483) and Roanwell Corporation (82872) are the only sources known to possess the necessary data/data rights for NSNs 5965014461533 and 5965014252039. David Clark Company, Inc. (71483) and Dynalec Corporation (12763) are the only sources known to possess the necessary data/data rights for NSN 5965012017487.

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

David Clark Company Inc. (71483), Dynalec Corporation (12763), Roanwell Corporation (82872).

David Clark is the approved source for all NSNs.

Roanwell is approved for two NSNs (5965014252039 and 5965014461533).

Dynalec Corporation is only an approved source for NSN 5965012017487.

The use of the authority cited below:

AMC 1. Suitable for competitive competition for the second or subsequent time.

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

The use of the authority cited is based on:

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.

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 R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. 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.

AMSC Z. This part is a commercial/non-developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required.

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

The acquisition was synopsized on 09/09/19 Dealers of the manufacturers will be solicited.

A sources sought notice was posted on FedBizOps from 08/21/19 to 08/28/19 with dealer responses received. Dealers wanting to provide David Clark items showed interest.

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

This will be a five (5) year, firm fixed price, Indefinite Quantity Contract (IQC). The five year period is inclusive of a three (3) year base period, and two (2) separately priced, one (1) year option periods. There are pricing for all items online and there are a few with pricing on GSA.

The items have been determined to be COTS items and certified data is not required. The Acquisition Specialist will request other than certified data if the pricing is out of line with the commercial marketplace. The Acquisition Specialist will also work with the Pricing Office to provide pricing support, if needed.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

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

Market Research was conducted on/during 04/26/19-09/23/19

Market Research Results

This project has 18 NSNs. Most of the NSNs have only one approved source, David Clark CAGE 71483. David Clark is a small business manufacturer. There are three NSNs with more than one approved source. NSN 5965012017487 had three approved sources listed. Dynalec CAGE 12763, Hose McCann Telephone Company CAGE 73274, and David Clark CAGE 71483.

The Product Specialist removed the CAGE from the approved source list. NSN 5965014252039 has 3 approved sources listed; David Clark CAGE 71483, Roanwell CAGE 82872, and Acousticom CAGE 59369. Acousticom is out of business and the Product Specialist removed the company from the approved source list.

David Clark CAGE 71483 is a small business and they responded to the market survey. They are interested in submitting an offer on this project. Dealers for David Clark have shown interest in this project but David Clark stated they will not be quoting to dealers, since they are quoting directly. They are an approved source on all NSNs. David Clark states these NSNs are commercial and have been determined commercial on past procurements.

Roanwell CAGE 82872 is a small business and a Hubzone, Woman owned, and Veteran Owned.

They are an approved source along with David Clark on 2 NSNs. They are interested in providing an offer for those NSNs. Roanwell states these 2 items are not commercial.

New Era Sales CAGE 0FA68 declined to participate.

Hose McCann CAGE 73274 declined to participate Dynalec CAGE 12763 declined to participate

An initial sources sought notice was issued on 04/19/19. A 2nd source sought notice was issued through FedBiz Ops on 08/21/19 with a return date of 08/28/19. Multiple dealers for David

Clark are interested and responded to the sources sought notice. All stated they were offering David Clark. The buyer inquired about dealer involvement to David Clark.

The following dealers for David Clark responded to the sources sought notice:

Royal Media Network Inc. CAGE 50YY0 Shop LOGCAP LLC. CAGE 8BLR7 American Defense Group LLC. CAGE 4ZFJ4

The buyer researched each item online and was able to find pricing and availability for purchase.

These items are COTS items and will be solicited using FAR Part 12. All NSNs have a “Y” in the COTS field in MM03 (Classification tab). Based on Market Research the items have been found to be commercial off the shelf.

All items were able to be found online with pricing. All but one NSN (5965014614558) was found on multiple retailers’ websites. Some of the retailers that carry these items are www.skygeek.com, www.mypilotstore.com, www.marvgolden.com, and www.sportys.com.

Almost all the NSNs on this procurement are listed in stock with these companies and can be shipped immediately with a 3-6 business day delivery time. Some of the NSNs have customer reviews from the commercial marketplace. These items are used by flight schools, aviation companies, and pilots in the commercial marketplace.

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: (If none, so state) David Clark CAGE 71483 and Roanwell Corporation CAGE 82872 are both interested in submitting an offer.

The Following dealers for David Clark are interested:

Royal Media Network Inc. CAGE 50YY0 Shop LOGCAP LLC. CAGE 8BLR7 American Defense Group LLC. CAGE 4ZFJ4

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part

Numbered Items For the following items, the Product Specialist and Engineering Support Authority are reviewing whether salient characteristics or commercial item descriptions can be developed that would meet competition requirements of FAR Part 6: 5965014243297, 5965011825727, 5965014390793, 5965014461533, 5965014833200, 5965014614558, 5965014461530, 5965010320940, and 5965016541261. While customer demands support continuing with the acquisition during the pendency of this review, if an item is broken out for competition, the acquisition will be re-assessed to determine whether the item should be removed from the solicitation/resulting contract or an option period not exercised.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive. Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, SPM7MX11R0188 and SPE7LX14R0108 both included a Justification and Approval (J&A). Both J&A’s for Other than Full and Open Competition is included as an attachment.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

Head of the Contracting Activity (HCA) Date Signature

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

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

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

WATSON.CAROLI

NE.R.1299372142

Digitally signed by

WATSON.CAROLINE.R.1299372

Date: 2020.01.07 13:37:31 -05'00'

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.01.08 08:38:13 -05'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.104117

Date: 2020.01.08 17:20:28 -05'00'