JA SPE7MX22RX057.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX22RX057

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 for a firm-fixed-price Indefinite Delivery Contract (IDC) on other than a full and open competition basis. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to these items is detailed by their Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

ITEM NSN ITEM

ESTIMATED

ANNUAL

VALUE

UNIT

PRICE ADQ UNIT AMC AMSC

1 5965015168082 CUSHION, EAR 14,445 PR 3 Z

2 5965016666191

HEADSET-

MICROPHONE 150 EA 3 D

ESTIMATED BASE (3 YEAR) VALUE:

MAXIMUM CONTRACT VALUE:

The items are used on the following Weapon System Designator Code (WSDC) platforms:

NSN WSDC LONG_NAME

5965015168082 04F AIRCRAFT, STRATOFORTRESS B-52

5965015168082 05F AIRCRAFT, STRATOLIFTER C/KC-135

5965015168082 06F AIRCRAFT, HERCULES C-130

5965015168082 19F AIRCRAFT, EAGLE F-15

5965015168082 23N OHIO CLASS SSBN (TRIDENT)

5965015168082 25F AIRCRAFT, AWACS, E-3A

5965015168082 26F AIRCRAFT, F-16

5965015168082 42F AIRCRAFT, T-38

5965015168082 45N AIRCRAFT, PROWLER EA-6B

5965015168082 46N EA-6B AN/ALQ-99 TACTICAL JAMMER

5965015168082 59N AIRCRAFT, HERCULES KC-130

5965015168082 75F HELICOPTER, HH-60

5965015168082 94N ELECTRONIC WARFARE, AN/WLR-8

5965015168082 A3N SONAR ACOUSTIC MISCELLANEOUS

5965015168082 AFF SPECIAL, COMMON GROUND EQUIPMENT, AGE

5965015168082 AGF MIDS JTRS AN/USQ190

5965015168082 ATF AIRCRAFT, SOF (AC-130H, AC-130J, AC-130U, EC-130E, EC-130H,

5965015168082 BHF ENGINE, AIRCRAFT, T56-A-7/15 (C-130B/E/H/N/P)

5965015168082 CTF AIRCRAFT, OSPREY CV-22B

5965015168082 CXN AIRCRAFT, OSPREY V-22A, MARINE CORPS

5965015168082 DTF AIRCRAFT, AIRLIFTER C-17A

5965015168082 EXN LOS ANGELES CLASS SSN (688)

5965015168082 HYF COMMON AF COMMUNICATION EQUIPMENT NETWORK 823L

5965015168082 MDF RADAR THREAT EMITER AN/MST-T1

5965015168082 MEN AN/SRC-47(V) FLIGHT DECK COMMUNICATIONS SYSTEM

5965015168082 MFF RADAR SYSTEM AN/VPQ-1

5965015168082 MRF UHF TRANSMITTER AN/GRT-22

5965015168082 MVF JOINT STARS TARGET RADAR SYSTEM

5965015168082 PGF F-22 RAPTOR AIR DOMINANCE FIGHTER

5965015168082 RZF SPECIAL, MISC. SPARES, RADAR

5965015168082 SFJ

TEMP WSDC ASSIGNED BY DLA FOR PBL SUPPORT JOINT STRIKE

FIGHT

5965015168082 VVN AVIATION LIFE SUPPORT SYSTEMS

5965015168082 WKN SUBMARINE SURVEILLANCE SYSTEMS

5965015168082 WLN SUBMARINE ACOUSTIC SONAR SYSTEMS

5965015168082 YLN HELICOPTER, SEAHAWK, H-60

5965015168082 YPN AN/SRC-55(V) HIERARCHIAL YET DYNAMIC ARCH (HYDRA)

5965016666191 B4N ADVANCE HAWK EYE - E2 D

5965016666191 EEN E2/C2 ALL SERIES AIRCRAFT

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. Currently, there is only one approved manufacturing source for the NSN items:

NSN CAGE COMPANY NAME PART NUMBER

5965015168082 71483 DAVID CLARK COMPANY INC 40863G-02

5965016666191 71483 DAVID CLARK COMPANY INC 40411G-22

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of each NSN, which was confirmed as complete and accurate by the Strategic Acquisitions Program Directorate (SAPD) Product Specialist on 5/18/22 in the Technical Certification attached to this memorandum.

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 Z: This part is a commercial/nondevelopmental/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.

5. The approved source listed in the table above in paragraph 4, confirmed by the SAPD Product Specialist during the technical review of the NSNs for placement on this long-term contract initiative, is the only known source to maintain the data for the products. It is also the only approved and known source with the capability to manufacture these Critical Application Items (CAI) with the required quality, form, fit, and function.

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

The acquisition will be synopsized at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted 6/2/22 for seven days on SAM.gov. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the items to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return. Potential sources would be added to the solicitation mailing list. No responses were received.

A Market survey was sent to the only source appearing in the procurement history for these items, the manufacturer David Clark Co., Inc.

A summary of the market survey information provided by David Clark is listed below. The survey was completed by its contract administrator and returned on 5/24/22.

Company is a small business manufacturer.

Considers both items to be commercial and provided three sales invoices for each NSN.

Additional research was also conducted by the acquisition specialist as indicated in the bullets below.

Researched items on-line via the internet for commercial availability. NSN item #1 was found for sale on the internet and is on the GSA Advantage website. NSN item #2 was not directly found for sale on the internet and was not found to have a GSA contract.

Researched the manufacturer’s website and found information regarding the component make-up of the items and prices of the components for the items. Found similar types of headsets.

Several of the manufacturer’s headsets of a similar type were found for sale on the internet.

Reviewed previous procurements of the items for acquisition method, item #1 is on current LTC SPE7MX18D5003 that was procured under commercial procedures, and NSN item #2 has been previously purchased under small purchase procedures.

Reviewed the Material Master (MM) for each NSN. Both items are procured in accordance with CAGE and part number, and both are coded as commercial items.

Based on market survey feedback and research, the Contracting Officer determined both items commercial per FAR 2.101 and will procure them under FAR 13.5 commercial procedures.

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.

During the project development stage, the NSNs included on this solicitation were provided to the DLA Land & Maritime Value Management (VM) Unit and the Strategic Acquisition Programs Directorate (SAPD) Product Specialist for review; no additional sources were identified during those reviews, and all means to obtain a technical data package adequate for manufacture of the items has been exhausted.

10. A listing of sources, if any, indicating an interest in the acquisition: David Clark Co., Inc., CAGE 71483.

11. The items are subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

The solicitation will contain DLAD Procurement Notes: L04-Offers for Part Numbered Items and M06-Evaluation of Offers for Part Numbered Items. Offers for alternate products may be submitted in response to the solicitation and may be considered for the current or future procurements.

Forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime

Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

12. Prior J&A for NSN Item #1 on IDC SPE7MX18D5003 is attached. Actions under the previous solicitation were accomplished: a sources sought was issued, the solicitation was synopsized and issued in DIBBS, and it contained DLA Procurement Notes M06 - Evaluation of Offers for Part Numbered Items and L04 - Offers for Part Numbered Items. No alternate offers were received.

Recent procurements of NSN item #2 were conducted under SAT procedures and did not require justification for other than full and open competition.

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. If not exceeding $750,000, this signature serves as the approval.

Contracting Officer Signature & Date

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

Competition Advocate Signature & Date

APPROVAL REQUIREMENTS:

( ) Up to $750,000 Contracting Officer (X ) $750,000 to $15,000,000 Competition Advocate

Attachments:

1. Technical Certification

2. J&A SPE7MX18D5003

9/7/2022

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.09.26 16:15:22 -04'00'