JA6.3021CSPE7MX21RX041.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-21-R-X041

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

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. Technical certification dated September 14, 2021, was provided by a SAPD Technician. The certification states that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). These items are to be procured from the sole source manufacturer, David Clark Company Inc. (See Attachment 1 – Technical Certification). David Clark Company Inc. is the only company known by the Government to possess the technical data necessary to manufacture these items. These items are noise-attenuating headsets and communication systems for virtually any environment military forces may encounter. They ensure clear, crisp communication for military pilots, ground support crews, marine crews, and more. These items have been tested and proven to help to ensure the safety and enhance the performance of military, defense and law enforcement professionals.

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

David Clark Company Inc. (CAGE 71483) part numbers 9AN/3SP and 12777G-01 (CLIN 0001) and 40411G- 13 (CLIN 0002) is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services.

The approved CAGE and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist initially reviewed the technical information and recommended for LTC on February 10, 2021. An additional review was completed on September 14, 2021, and recommended for LTC. The technical data has indicated that these headsets are limited to David Clark Company Inc., as the source. These headsets are Critical Application Items that a failure of this item will render the end item inoperable and they are needed to prevent the impairment of end item.

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.

The data for the required items is not within the government’s ability to obtain due to the economic limitations and the inability to create drawings or specifications the thoroughly meet the standard required fidelity necessary for the production of the items and their dependable use or end item interaction. David Clark Company Inc. (CAGE 71483) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs. These items are Critical Application Items with a Weapon

System Essentiality code of “1” (Failure of this item will render the end item inoperable) and “7” (Needed to prevent the impairment of end item).

David Clark 12777G-01 Model H9AN/3SP Over-the-Head 19' Straight Cord A529 Waterproof Plug Noise-Shielded Microphone Military Headset.

David Clark is the only source known to possess complete and adequate technical data/data rights for the item. To ensure continued integrity of the item, procurement is restricted to David Clark as they are known to have the required experience and capability. After-market or alternate source parts would have to be reviewed on a case by case basis and evaluated by the ESA. Using unapproved parts could potentially compromise the normal operation/function and safety of the item and the end user. These sound powered headphones are unique to the Navy and it has the need to not be electrical powered and fail proof for instances in which a fire or other emergency happens and power, cables, wiring, etc. is destroyed, a headphone that only relies on the power of the sound from your voice only to operate is the safest way to communicate on board a ship/sub. In addition, when being used in a submarine they have the abilities to be quiet internally, so that noise pollution does not happen. This item is used on nuclear based weapon systems (15 different weapon systems), and as such this item will be required to have approval for any substitution by the ESA. A 339 is required to request permission to substitute other items, as well as identify the other items to be substituted. In addition, substantial testing will be required to verify that the substituted item has no impact on the weapon systems that it is used on. Based on the criticality of the weapon systems this is used on, Value Engineering does not recommend that this item to be considered for Brand Name or Equal.

David Clark 40411G-13 Headset for the Bell Boeing V-22 Osprey. Single volume control.

This headset was specifically designed by David Clark, in conjunction with Bell Helicopter / Boeing Helicopter, for the V-22 Osprey used by the USAF and USMC. This headset uses the TP-106 connector found in the V-22 Osprey. This headset is not intended for any other uses. Any other headset renders the possibility of lost communication, which would have an impact on life or death consequences. Value Engineering does not recommend that this item be considered for Brand Name or Equal.

A technical review in support of a potential LTC was initially performed on February 10, 2021, and the NSNs were determined to be suitable for a LTC. An additional review was completed on September 14, 2021, and the NSNs were determined to be suitable for a LTC. The Product Specialist reviewed the technical information, including the AMC/AMSC code, source of supply, etc. and certified it as complete and accurate on September 14, 2021. See Attachment 1 – Technical Certification.

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

The acquisition will be synopsized on or about October 5, 2021 for 1 day 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).

The sole source manufacturer will be solicited.

Dealers will be solicited.

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

a. Certified Cost or Pricing data is not required, as the acquisition is being solicited as commercial under FAR

Part 13.5. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

b. Commercial price comparison, price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown will be used to evaluate the price.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.beta.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the sole source and the past providers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to ww.beta.SAM.gov on June 7, 2021 and closed on June 14, 2021. A response was received from Aerial Optic, LLC (CAGE 7KGV1). They did not complete a Market Survey, but stated “We can fulfill this requirement. We have done similar work with your colleagues in Germany.” They also indicated that they are not an official dealer for these items. Aerial Optic, LLC was provided with information on the SAR process and will be provided a copy of the solicitation once the solicitation has been issued.

procurements, etc. The buyer was able to locate both CLINs online. CLIN 0001 is are currently on GSA Contract GS-35F-0369S that expires on April 24, 2026. Based on market research response, previous acquisitions, and the buyer’s additional Internet research, the Contracting Officer has determined that all items are commercial.

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: (If none, so state)

David Clark Company Inc. (CAGE 71483) Aerial Optic, LLC (CAGE 7KGV1)

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, CLIN 0001 was previously on contract SPE7MX17D0119. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7MX17D0119 (Attachment 2) is included.

Attachments:

1 – Technical Certification

3 – SPE7MX17D0119 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 $750,000, this signature serves as the approval.

MEGAN M. SAYLOR, Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

MARY E. SHEARER, Date Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

SAYLOR.MEGA

N.M.1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2021.09.14 15:33:08 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.09.20 16:45:46 -04'00'