JA6.302-1 21R0140.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION – SPE7MX-21-R-0140

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

ORIGINAL

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. The resulting contract will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract under FAR Part 12 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

In addition to those NSNs specified in the solicitation, the scope of this solicitation will include all DLA and DOD managed NSNs for headsets and associated items for which Pro Flight Gear LLC (78LH4) is the sole approved source. NSNs within the scope may be added to this initiative or any resulting contract later in accordance with Proc. Note L27-Addition and Deletion of Items.

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

CLIN NSN Brief Description AMC AMSC ADQ Estimated ADV

0001 5935016661703 ADAPTER, CONNECTOR 3 D 1295

0002 5965016649590 HEADSET, ELECTRICAL 3 D 561

0003 5965016650644 HEADSET, ELECTRICAL 3 D 439

0004 5965016650651 HEADSET, ELECTRICAL 3 D 890

0005 5965016650715 HEADSET, ELECTRICAL 3 Z 1206

0006 5965016651000 EARPHONE, KIT 3 D 227

Total Estimated ADV

End Item description and Weapon System:

CLIN NSN WSDC END ITEM

0001 5935016661703 0CF AIRCREW FLIGHT EQUIPMENT

0002 5965016649590 0CF AIRCREW FLIGHT EQUIPMENT

5965016650644

AGF

Multifunctional Information Distribution System (MIDS) Joint Tactical Radio System (JTRS) AN/USQ-190

0004 5965016650651 0CF AIRCREW FLIGHT EQUIPMENT

0005 5965016650715 0CF AIRCREW FLIGHT EQUIPMENT

0006 5965016651000 0CF AIRCREW FLIGHT EQUIPMENT

The estimated base value is , with an estimated total value (Base + Option) of , and a maximum contract value of

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. These items needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

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

CLIN NSN Company CAGE Part Number

0001 5935016661703 PRO FLIGHT GEAR LLC 78LH4 PFG-PACE-1003

0002 5965016649590 PRO FLIGHT GEAR LLC 78LH4 PFG-PACE-1001-GP

0003 5965016650644 PRO FLIGHT GEAR LLC 78LH4 PFG-PACE-1001-CUST

0004 5965016650651 PRO FLIGHT GEAR LLC 78LH4 PFG-PACE-1001-36

0005 5965016650715 PRO FLIGHT GEAR LLC 78LH4 PFG-PACE-1001

0006 5965016651000 PRO FLIGHT GEAR LLC 78LH4 PFG-PACE-1010

The manufacturer listed at table above is the currently source, approved by the design control activity to supply these items.

The Quality Assurance Specialist has indicated that the AMC/AMCS code for all these NSNs are correct and Pro Flight Gear LLC (78LH4) is the only sources approved by the design control activity. Per the Quality Assurance Specialist these items will be used to replace adapter connectors, electrical headsets, and earphone kits for the aircrew flight equipment and the multifunctional information distribution system (MIDS) Joint Tactical Radio System (JTRS) AN/USQ-190 used by the U.S. Military and other weapon system platforms. These items are the only replacement parts that will function properly in the end item in accordance with the military requirements.

Product procurement history indicates that Flight Gear LLC (78LH4) is the actual manufacturer for these items.

The Government lacks the technical data needed to acquire these items competitively. Flight Gear LLC is the only source known to possess the complete technical data for these items. As such Flight Gear LLC (78LH4) is the only source approved by the design control activity as they retain the data, rights, manufacturing knowledge, or technical data that is 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.

The use of the authority cited below:

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

The use of the authority cited is based on:

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/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.

The identified source is the only ones that owns the data or are the only one capable of manufacturing the item to meet critical operational and reliability requirements.

a. CLINs 0001 - 0004, and 0006 contain an AMSC Code D, meaning there is no technical data on these items and data cannot be obtained economically, and for these items. Pro Flight Gear (78LH4) is currently the only source that own or possess the data.

b. CLINs 0005 contain an AMSC Code Z, meaning this item is a commercial/non- developmental/off-the-shelf item. Pro Flight Gear (78LH4) is currently the only approved source for this item.

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

a. The acquisition will be synopsized on or about July 30, 2021, and it will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity

(ESA).

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

Past procurement, history will be reviewed, and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis; analysis of the prices in the commercial marketplace plus other than cost or pricing data will be request if needed.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.”

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed these NSNs for the project during project creation, and no new sources were found. A Sources Sought notice was posted on June 14, 2021, at Beta.SAM.GOV for 10 calendar days to find potential sources for these NSNs and one company responded an interested in the LTC.

b. For items with an AMCS of “D” and “Z” the solicitation will contain Procurement Note L04 – Offers for

Part Numbered Items, which increases competition by permitting the considerations of alternate offers.

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during: 2/21/2021 – 7/29/2021.

Names of vendors contacted: 1.

1. Pro Flight Gear LLC (78LH4)

Total number and names of vendors that responded to market survey: 3.

1. Pro Flight Gear LLC (78LH4): Interested in the LTC.

2. Mvation Worldwide, Inc. (80Q48): Interested in the LTC.

3. Spencer-Douglas LLC (8DWG7): Interested in the LTC.

Techniques used to conduct survey: emails, Beta.SAM.Gov, Market survey questionnaire and attachment and follow-up phone calls.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received: The Acquisition Specialist attempted to conduct market research with the companies listed above to assess their interest and capability to perform and two companies indicated an interest which were: Pro Flight Gear (78LH4), Mvation Worldwide (80Q48), and Spencer-Douglas, LLC (8DWG7).

Company Name

CAGE

CODE

Business

Size

KTR

Interested in an LTC

Base Years w/ Annual Price Adjustments

Option Years KTR PREFERS

A FIRM FIXED

PRICE

KTR WILL

PROVIDE COST &

PRICING DATA IF

Commercial

Items

Pro Flight Gear 78LH4 Small Yes No Mvation Worldwide 80Q48 Small Yes No Response

Spencer-Douglas, LLC 8DWG7 Small Yes Yes

Commerciality: Per FAR 2.101 (b) the items in this solicitation have been determined to be commercial. It is the Contracting Officer’s determination that these NSNs will be solicited as commercial. For the reasons stated below, these items covered by this initiative shall be commercial and will be procured under FAR Part 12. The following commerciality determination has been made:

Market research analysis I/A/W FAR 12.101 (a) was conducted and based on Pro Flight Gear response to the market survey they indicated that theses NSNs were commercial. Pro Flight Gear did not provide unredacted commercial invoices as they are hesitant in providing unredacted customer information.

These items can be bought on the following website https://proflightgear.com but the website is currently being update their products for online ordering.

To determine the commerciality of these items, it was sent to Pro Flight Gear commerciality’s questions, which they responded. See below:

1. Are these items offered for sale to the public? Yes, all our products are sold to the public, primarily the civilian flight market focused on First Responders.

2. Has it been sold to other than the Government? Yes, all our products are sold to the public, mostly Air Evac, Airborne Fire, Airborne Police, and other public safety aviation units.

3. Who are your customers? Our customers are various State Police, Customs and Border Patrol, FBI, Boeing, Lockheed, Draken Intl, Stratolaunch, Red 6, Fire Units, Film Industry

4. Do you have distributors for these items? No, Pro Flight Gear currently does not have any distributors for these products.

5. Could the basic item be for a commercial application with minor modifications for the

Government? The items are the same quality product for both industries.

6. How are they different? They are not outside of DLA getting the best pricing.

7. Does the manufacturer offer any discounts? We do, discounts were sent in the quantity price breaks document.

8. Are there discounts for the federal government? These discounts are tailored for the Federal

Government.

9. What is the percentage of government sales versus commercial sales? Sales are about even at 50-

50.

The Contracting Officer has determined that these NSNs for this project are commercial items as it meets the definition of a commercial item of a type customarily used by the general public or by non-governmental entities for purposes other than governmental as found in FAR 2.101 and DLAD 12.102 (a) (S-91).

9. Additional facts supporting other than full and open competition are:

a. 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.

b. A technical review was completed by Ashley N. Roberts / Quality Assurance Specialist for FLBC-LTC.

The subject NSNs have been identified as sole/limited source items. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: Pro Flight Gear (78LH4) and Mvation Worldwide (80Q48) were the companies that expressed an interest in the acquisition. As such, this companies will be in the solicitation mailing list.

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

12. The Contracting Officer searched for the previous award listed in the contract history at Record Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304, and was not able to locate Justifications as CLIN 0001, 0002, 0005 – 0006 have being purchases under the Auto IDPO and CLIN 0003 – 0004 under the Simplified Acquisition Procedures.

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

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

CARABALLO.EDWIN.12

53443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2021.08.05 08:30:21 -04'00'

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.08.05 15:06:46 -04'00'