JA6.302-1SPE7L220R0005.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L220R0005

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:

NSN NOMENCLATURE QTY / UI VALUE AMC /

AMSC QCC

3040-016656968 LEVER ASSEMBLY, MANUAL CONTROL 521 / EA 3 / D DAA

End item, weapon system, or class of item:

(ABF) SUPPORT EQUIPMENT, B-52 AIRCRAFT

ESTIMATED TOTAL VALUE WITH NO OPTION (QTY: 521):

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.

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

Hydraulics International, Inc. (56529)

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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.

Product Specialist, , confirmed the following on 12/13/2019:

This item is an AMC/AMSC of 3/D. This item supports the (ABF) SUPPORT EQUIPMENT, B-52 AIRCRAFT, IS NOT a critical application item, and IS NOT a critical safety item. The approved source(s) are the only source(s) capable of making this item. The Government DOES NOT HAVE the data or drawings for full and open competition; the approved source(s) are the only source(s) known to possess the required drawings.

There ARE NOT currently 339’s out to the ESA (Engineering Support Activity) and current information indicates that the item IS NOT commercial or commercial-of-a-type.

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

The acquisition will be synopsized for 15 days prior to the solicitation opening. At the completion of the synopsis period, the Purchase Request (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:

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Procurement history:

Definitions of PRCs:

First Position of B: Buyer analysis only First Position of X: Contracting Officer relied on the automated purchase pricing logic Second Position of G: Comparison of historical prices paid, by the Government or other than the Government, for same or similar items and prior price is a valid basis for comparison as supported by prior file documents (FAR 13.106-3(a)(ii), FAR 15.404-1(b)(2)(ii), FAR 16.202-2(b), DFARS PGI 215.403- 3(4) and PGI 215.404-1(b)(iii)(A)) Second Position of J: Any other reasonable basis. For simplified acquisition procedures only (FAR 13.106-3(a)(2)(vii))

All previous procurements have been provided by the approved source manufacturer; there is no indication that there are any distributors for this manufacturer or other sources of supply.

A sources sought notice was posted on beta.SAM.gov from 12/05/2019 to 12/11/2019. No responses were received.

Market Survey [10 U.S.C. 2304(f)(3)(D)] A market survey was conducted on 12/05/2019

Techniques used to conduct survey: beta.SAM.gov and e-mail correspondence

Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity

Total number of vendors contacted: 1 (There is only one known manufacturing source for this item and procurement history does not indicate that there are other sources or distributors that could be contacted for market research)

Names of unresponsive vendors:

NONE

Names of vendors and summary of information from responses:

SMALL

Item IS quantity sensitive Item IS commercial CANNOT provide pricing list or catalog CAN provide quantity price breaks Approximate delivery is 210 days

ADDITIONAL INFORMATION: (56529) has indicated that this is a commercial item, but will not provide any further information to support this assertion. An internet search did not result in any evidence that this item is sold commercially, though the basic mechanical nature of such items (LEVER ASSEMBLY, MANUAL CONTROL) makes it likely that it is at least similar to other such items. A search of the Haystack database was performed within the same INC (Item Name Code) of 45320 and like-classified items were found to range widely in unit price from $224,901.63 to $3.25 each. The item is non-commercial, and this determination is based on the fact that the end item is a military specific aircraft, the contractor failed to provide documentation of commercial sales, and the Government lacks technical data to compare this item to potentially similar commercial items.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is:

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

Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

12. Previous Justification for Other than Full and Open Competition IS NOT attached:

This is the first time subject NSN is being solicited as an RFP; no previous J&A is available.

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

Monica Whiting – CONTRACTING OFFICER

APPROVAL REQUIREMENTS

Up to $700,000 Contracting Officer

$700,000 to $13,500,000 Competition Advocate

$13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

Over $93,000,000 Senior Procurement Executive (AQ)

WHITING.MONICA.L.1378381815 Digitally signed by WHITING.MONICA.L.1378381815 Date: 2020.01.07 06:32:07 -05'00'