JA6.302-1 SPE7MX21D0070.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-0131

5996-00-897-8867 United Dynamics, Inc. 0XWR4 02-010000-10

6. The use of the authority cited below:

The AMC/AMSC is in the Data Pull that has been confirmed by the product specialist.

[ 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 C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are 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. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

The Product Specialist technical data has been verified, reviewed, and certified on 04-01-2020.

A copy of the certification is complete and accurate and has been filed in Stack 2, Tab 30.

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

a. The acquisition was synopsized on or about 06/21/2020.

b. The one manufacturer listed above will be solicited.

c. At the conclusion of the synopsized period, the solicitation will be posted to the DLA Internet

Bid Board System (DIBBS) for a period of 30 days.

8. The cost to the Government is anticipated to be fair and reasonable. The Certified Cost or Pricing Data clause will not be in the solicitation because the contract award amount is less than the TINA Threshold, $2,000,000.00 in accordance to FAR 15.403-4. I hereby determine the anticipated cost to the Government will be fair and reasonable based on price analysis of previous Government procurements, the Producer Price Index (PPI) and learning curve analysis. Other than cost or pricing data will be requested if needed,

9. Market Research/Efforts to Obtain Competition:

a. The acquisition will be synopsized on about 06/21/2020 for a period of 15 days.

b. At the conclusion of the synopsis period, the solicitation will be posted to the DLA Internet Bid

Board System (DIBBS) for a period of 30 days.

The results of the market surveys are detailed below. A Sources Sought notice was posted on the Beta SAM website on 05/20/2020 and no one responded.

Types of information requested on the Market Survey:

• Is there a Published Catalogs/Price Listed?

• Is the company willing to do a Long Term Contract?

• Can the company hold its prices for the Base Period?

• Does the company prefer Economic Price Adjustment (EPA based on the Producer Price Index (PPI)?

• What are the components/raw materials primary drivers in pricing the items?

• What is the industry standard contract term for long-term agreements/contracts for these items and/or the raw material?

• If required, is the contractor capable of preparing certified Cost or Pricing Data?

• Does the company require a Minimum Dollar Amount?

• Will a higher Guaranteed Minimum percentage affect the contractor's pricing?

The market survey was first done on 03/05/2020 by email to @united-dynamics.com and @united-dynamics.com, no response was received. A follow-up email was sent on 5/2/2020 to both emails again. Once again, no response was received. Basically, two attempts were made to get the sole source supplier, United Dynamics, Inc. (0XWR4) to respond to the market survey. A review on a past buy contract SPE7M5-19-V-8522 shows the delivery of more than 180 days.

Another contract SPE7M5-18-V-7644 delivery was 223 days when the award date and delivery dates were checked.

On 07/01/2020, buyer contacted United Dynamic, Inc., Contract Manger, with United Dynamic Inc. The buyer informed that his department did not respond to any of the Government’s Market Surveys. The buyer informed that this would be the first time the Government will have a solicitation for a Long Term Contract (LTC). indicated there interest in the solicitation. To ensure notification United Dynamics will be added to the mailing list and notified of the solicitation. Under Tab 8 in Stack 1, the source list has two emails for the OEM to receive a solicitation. They are: @united-dynamics.com and @united-dynamics.com.

Every effort will be made to get United Dynamics to participate in the solicitation process because this suppler failed to respond to the market surveys.

The contracting officer is not able to determine this item is commercial. There is no GSA Advantage contract found online. This NSN is not listed in the Internet. The internet search did not present any indication that the item is for sale to the general public. This item part number - 02-010000-10,is not located in the Global Spec database that has commercial items listed. The database has other amplifiers but not this specific amplifier.

The Product Specialist has designated the item on the Material Master (MM03) as a ‘Z’ indicating they have determined this item to be commercial. For procurement purposes commercial pricing must be located to help determine the item’s proposed unit price is fair and reasonable. With failure to confirm this item to be commercial this procurement will be under FAR Part 15.

10. 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.

11. A listing of sources, if any, indicating an interest in the acquisition is: No other sources indicated interest in acquisition, therefore, a solicitation will be sent to the OEM United Dynamics, Inc. (0XWR4) at the two emails provided in Section 9.

12. To overcome barriers to competition before any subsequent acquisition or recertification of class determination these items are subject to the following methods of locating additional sources:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

13. The previous procurements for this NSN have been simplified single purchases or “Spot Buys” that did not require a written J&A.

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 $700,000, this signature serves as the approval.

Date

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ X ] $700,000 to $13,500,000 Competition Advocate

ATTACHMENT #1 Data Pull

MATZ.RICHARD.J

AMES.1080066615

Digitally signed by

MATZ.RICHARD.JAMES.1080066

Date: 2020.10.05 08:00:36 -04'00' 10/5/20

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.10.13 14:23:30 -04'00'