JA SPE7MX20RX002 -redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX20RX002

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

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:

The acquisition is being solicited as a sole source SDVOSB set-aside with Warfighter Focused Logistics (6V4L8) pursuant to 15 U.S.C. 657f. FAR 19.1406 states that the Contracting Officer shall consider a contract award to a SDVOSB concern on a sole source basis before considering small business set-asides [when the following conditions are met]:

(1) The contracting officer does not have a reasonable expectation that offers would be received from two or more service-disabled veteran-owned small business concerns – Milton Industries is the only approved source for these items and will support their distributor, Warfighter Focused Logistics (6V4L8), for a 5-year long-term contract.

Milton will not be supporting any other distributors or dealers in this endeavor.

(2) The anticipated award price of the contract, including options, will not exceed- $6.5 million for a requirement within the NAICS codes for manufacturing—the contract maximum for this solicitation is

(3) The requirement is not currently being performed by an 8(a) participant under the provisions of subpart 19.8 or has been accepted as a requirement by SBA under subpart 19.8.

(4) The service-disabled veteran-owned small business concern has been determined to be a responsible contractor with respect to performance-In the Supplier Performance Risk System (SPRS), Warfighter Focused Logistics (WFL) has fair to very good weighted delivery scores (69-97) for the Federal Stock Classes being procured.

WFL is a distributor for the approved source, Milton Industries, who has excellent weighted delivery scores of 89-100.

and

(5) Award can be made at a fair and reasonable price-price analysis, negotiations, and other analysis techniques, as needed, will ensure that award is made at fair and reasonable prices.

Although these items have been determined to be commercial, they are used on various military aircraft. These are all critical application items and Milton Industries’ approved part numbers must be procured to ensure proper functioning of the higher level assembly, so the warfighters can perform their duties safely. The data needed to acquire these parts competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate description of these items for a competitive solicitation. The approved source, Milton Industries, is the only known source that has the technical data and manufacturing knowledge necessary to ensure the parts work properly. It is therefore essential to limit to the approved CAGE code and part number.

The Product Specialist reviewed the technical information and certified it as complete and accurate on 7/24/2019.

The procurement item descriptions (PIDs) is included as an attachment.

The use of the authority cited is based on:

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

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.

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

This is a sole source acquisition, so only Warfighter Focused Logistics (6V4L8) will be solicited.

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

Cost or pricing data will not be required as the items contained on this project have been determined to be commercial in accordance with Federal Acquisition Regulations (FAR)

2.101 and, therefore, meet the exception at FAR 15.403-1(b)(3). Commercial procedures will be utilized in accordance with FAR Part 13.5. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be conducted using historical pricing determined fair and reasonable for the same or similar items, Producer Price indexes (PPIs) and learning curve analysis. Additional information, such as other-than cost data, may be obtained from the offeror(s), as necessary. 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:

A sources sought notice was issued 9/9/2019 for NSNs 4730004776602, 4730012899351, 4820004838652 and closed 9/16/2019 with no responses. The original notice was amended 10/2/2019 to add NSN 4910011437915 and closed 10/9/2019 with no responses.

Milton Industries (94894) is the only approved source for these NSNs. They were contacted on 8/20/2019 via telephone to determine if they would participate directly with the Government. Milton Industries specified that the Government solicit their distributor,

11. Actions being taken to overcome barriers to competition:

The Agency will continue to review market conditions prior to any follow-on acquisition. Prospective suppliers seeking source approval may submit a Source Approval Request package requesting evaluation of its product's technical acceptability for future procurements.

12. All of the past buys are purchase orders and older Indefinite Delivery Purchase Orders (Attachment 3), so there are no J&As involved.

Attachments:

PIDs Commercial Information Procurement History

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.REBEC

CA.H.1273657475

Digitally signed by

HARTGE.REBECCA.H.127365

Date: 2019.10 28 10:02:56 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.10.30 07:19:03 -04'00'