JA_SPE7MX22RX001_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-X001

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018) P a g e | 1

[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.

FAR Subpart 13.5 procedures are being used in accordance with 41 U.S.C. 1901.

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

BRIEF DESCRIPTION NSN/P/N

ANNUAL

DEMAND

QUANTITY

EST. ANNUAL

DEMAND

VALUE AMC AMSC KID WSIC

Microphone, Magnetic 5965-01-598-1231 4,396 3 D 1 W 3-year Estimated Value = 5-year Total Estimated Value = Contract Maximum =

Estimated value and contract duration:

The proposed action is for the solicitation and award of a five-year, Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity type contract. The five-year period is inclusive of one (1) three-year base period and two (2) one-year option periods. The five-year contract period estimated value is The contract maximum is

Identify end item, weapon system, or class of item:

The item is used on the following weapon system across the US Air Force. The US Navy and US Army also show as users of the item.

NSN WSIC WSDC LONG_NAME

5965015981231 W 0CF AIRCREW FLIGHT EQUIPMENT

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.

5. Acquisition is restricted only to the following source(s) of supply for the item:

CAGE 1VNZ2 / UME Voice, Inc., PN 871A

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 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.

[X] Other: (Explain) Per the approved manufacturers’ list for this NSN in SAP (as received from the Defense Logistics Information Services), only CAGE 1VNZ2 has been identified as having the proper complete technical data and manufacturing expertise to supply the item to DLA and the using military services. The Government does not have rights to the technical data. The NSN has a WSIC code of W, indicating that it is needed for personnel safety. This is a replacement part incorporated into the communications equipment used

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

(May 2018) P a g e | 2 by flight crew personnel operating various helicopters throughout the military services. Product from the approved CAGE is the only known replacement that will ensure the communication systems operate properly in the particularly noisy environments of helicopter operation. Therefore, competition must be limited to offers of the product of CAGE 1VNZ2. The initial product specialist technical review for the NSN was conducted in December 2020 and the NSN was determined suitable for an LTC at that time. The project was put on hold in January 2021 based on the availability of obligation dollars for the LTC currently in place versus its future expiration. The contracting officer requested an updated technical review in September 2021 and no additional sources were identified at that time.

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

[X] The acquisition will be synopsized on or about 11/12/2021.

[X] Other. (Explain): The acquisition will be available through posting to DLA DIBBS on or about 11/30/2021.

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

This will be a five-year, firm fixed price, indefinite delivery indefinite quantity type contract. The five-year period is inclusive of one (1) three-year base period and two (2) 1-year option periods. As such, the price analysis for the future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. Based on the results of market research, the buyer anticipates receiving only one offer of the sole approved manufacturer’s part, from the approved manufacturer.

Adequate price competition is not expected to exist at time of evaluation of proposals. The buyer anticipates using comparison to past reasonable purchases (adjusted for passage of time and quantity sensitivity), in addition to comparison to commercial market prices for this and potentially similar items, to support a reasonableness determination.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.sam.gov. The approved OEM was contacted by the sourcing strategy specialist and contracting officer regarding interest in a potential LTC. UME Voice, Inc.

provided a completed survey document, but not a completed survey spreadsheet. Review of the abstracts of the last two long-term contracts (from 2014 and 2017 respectively) showed an offer from a dealer in the 2017 contract, but that dealer’s offer was removed from consideration by the previous contracting officer based on being non-responsive during discussions. The abstract from the 2014 LTC showed only an offer from the manufacturer.

Sources Sought Notice:

On 01/11/2021, a Sources Sought notice was posted to www.beta.sam.gov, which also contained attached market survey documents. The date of return referenced on the sources sought notice was 01/19/2021. That sources sought notice contained the NSN. As of 01/20/2021, no sources responded to the notice. An updated sources sought notice containing the NSN was posted on 10/01/2021 to www.sam.gov, and as of 11/02/2021 no responses were received.

Market Research Conclusion:

A market survey was conducted:12/07/2020 – 10/20/2021.

Total number of vendors contacted: 1 Names of vendors contacted and responding:

CAGE 1VNZ2 / UME Voice, Inc. – responded.

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Techniques used to conduct survey: E-mail, telephone.

Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

Summary of information received:

1. CAGE 1VNZ2 / UME Voice, Inc. indicated the following:

i.

ii. Small business with 12 employees

iii. Interested in LTC iv.

vii. Does consider item to be commercial in nature viii.

Information received regarding the commerciality of the item(s): MM03 COTS field has an entry of ‘No’ for the NSN, indicating the technical community has made the recommendation to not determine the item commercial.

The current contract holder (CAGE 1VNZ2) considers this item to be commercial in nature. The contracting officer researched this item in Bing and found it to available for purchase by the public via the manufacturer’s website. Also, this item was determined commercial on previous contract SPE7MX-17-D-0086 and the contracting officer sees no reason to overturn the previous commercial determination. Therefore, the contracting officer has determined that this item meets the FAR Part 2.101 definition of a “commercial item” under (1)(i) and (3)(i), and the acquisition will be conducted under FAR Part 13.5, Acquisition of Certain Commercial Items. Lastly, the NSN is not listed on any GSA Federal Supply Schedules.

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: (If none, so state) UME Voice, Inc. / CAGE 1VNZ2 PN 871A

11. This item is subject to the following methods of locating additional sources:

[X] The solicitation contains DLAD Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

[X] 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.

11. Previous solicitation SPE7MX-17-R-0082’s justification and approval is attached.

Approvals appear on the next page.

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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.

Carol M. Bucher Date Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate Date Signature

APPROVAL REQUIREMENTS

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

Attachments:

Technical Certification

J&A SPE7MX-17-R-0082

Digitally signed by

BUCHER.CAROL.M.1267565690

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=BUCHER.CAROL.M.1267565690

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.11.22 09:13:19 -05'00'

11/10/2021

11/22/2021