JA6.302-1 SPE7M522C0002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M521R0030

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

[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:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

RELAY ASSEMBLY GROUP 5945-01-469-8041 6 R

Identify end item, weapon system, or class of item: Relays are electric switches that use electromagnetism to convert small electrical stimuli into larger currents. These conversions occur when electrical inputs activate electromagnets to either form or break existing circuits. Used on the AIRCRAFT, STRATOFORTRESS B 52.

Estimated Base Value:

Estimated Max Value (quantity 10):

o This acquisition is for a fixed quantity; however, price breaks will be solicited permitting the Government to order up to the maximum quantity of the price break solicited

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

The Boeing Company (05HA6), P/N 659-12647-1

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 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.

On 03/16/21, the buyer received confirmation from the Product Specialist that the AMC/AMSC of 3/R is accurate. This is a 3/R with one approved source, The Boeing Company (05HA6), part number 659-12647-1. Per the Product Specialist, this is the only known sources that possesses the technical data for the manufacturing of this item, thus, demonstrating that The Boeing company (05HA6) has the unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources.

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

A Sources Sought posted on Beta.SAM from 02/25/21 to 03/04/21. The buyer received no responses.

The acquisition will be synopsized on or about April 2021 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

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

The most recent award is a contract, SPE7M519C0013, quantity ten at $47,785 each, made on 01/28/19.

This will be a stocked item. The estimated price of the solicited maximum quantity of 10 each will not exceed $2,000,000 therefore; certified cost or pricing data will not be required. The estimated price of the solicited maximum quantity of 10 each will not exceed $750,000; therefore, a subcontracting plan will not be required.

In order to determine the cost as fair and reasonable, a price analysis will be calculated using past procurement history, a learning curve and PPI. If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. The contract value at top price breaks is not expected to breech the threshold requiring Certified Cost or Pricing Data. Therefore, these clauses will not be included in the solicitation and Pricing Support for Certified Cost or Pricing Data will not be sought.

Negotiation procedures may be used pending price analysis results and competition.

Length of contract: A firm-fixed price contract will be issued.

Quantity: 6 each (with price breaks from 4 to 10 each) Based on 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:

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

A market survey was not emailed to the approved source. Based on buyer knowledge, Boeing only responds to solicitations, and not to market survey requests.

Names of vendors contacted and responding: 0

Information received regarding the commerciality of the item(s):

There is no indication that this item is a commercial item. The Commercial Off the Shelf (COTS) field is blank in MM03. Previous procurement SPE7M519C0013 was determined non-commercial. A search of GSA and Google did not generate any commercial results for this part number. Therefore, based on research, item is determined non-commercial.

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) None

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

This solicitation will contain Procurement Note L04, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items

RD002 Covered Defense Information Applies will be included in the solicitation. Before award, the buyer will verify in SPRS that the awardee has completed the NIST assessment.

12. IAW DFARS PGI 6.3, the previous J&A must be attached. The previous contract was researched and the J&A is attached (Attachment 1).

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 Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

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

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachments:

Attachment 1: Previous J&A

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2021.03.22 07:44:49 -04'00' 3/22/2021