JA6.3021CSPE7MX23R0042.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-23-R-0042

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 November 7, 2022, was provided by a SAPD Technician. The certification states that this part requires engineering source approval by the design control activity in order to maintain 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. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. This item is to be procured from the approved sources, Cobham Mission Systems Davenport LSS (CAGE 99251) and Derco Aerospace, Inc. (CAGE 8X044) (See Attachment 1 – Technical Certification). These are the only companies known by the Government to possess the technical data necessary to manufacture this item. This item is a Navy Critical Safety Item (CSI) and, in accordance with DFARS 209.270-3, this item may only be procured from a source approved by the head of the design control activity. Cobham Mission Systems Davenport LSS (CAGE 99251) and Derco Aerospace, Inc.

(CAGE 8X044) are the only sources approved by the head of the design control activity.

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

The following CAGEs are the only sources that have been approved by the head of the design control activity and identified as having the proper complete technical data and manufacturing expertise to supply this item to DLA and the using military services.

CLIN NSN Approved CAGE Approved Part Number 0001 4820-01-374-4732 99251 1647701-1

8X044 1647701-1

The approved CAGEs and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on November 7, 2022. The technical data has indicated that this item is limited to the approved sources. They are the only sources known that are uniquely qualified to provide this item.

The use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

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.

This item has an AMC/AMSC of 1C. The approved source(s) are the only source(s) capable of making this item. There are not currently 339’s out to the ESA. This item supports AIRCRAFT, F/A-18, A - D, E/F, G (GROWLER) (Z9N).

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

The acquisition will be synopsized on or about December 5, 2022, 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).

The approved source manufacturers will be solicited.

Dealers/distributors of the approved source manufacturers 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 falls below the threshold of $2M. The buyer only intends to award the NSN if a fair and reasonable price determination can be made.

b. 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.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the past awardees from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on November 10, 2022, and closed on November 17, 2022. No responses were received.

Market Research Conclusion:

Market Research was conducted on November 10, 2022. A positive response was received from ECI Defense Group, Inc. (CAGE 4BJ65).

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)

ECI Defense Group, Inc. (4BJ65)

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.

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, the last three buys for this item have been under SAT and a J&A was not required. Prior to that this item was on LTC SPE7MX20D0023. The J&A for that contract is attached (See Attachment 2 – J&A

SPE7MX20D0023).

Attachment:

1 – Technical Certification

2 – J&A SPE7MX20D0023

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.

ANNA M. DOUGLASS, Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

DOUGLASS.ANNA.

MARIE.1243838416

Digitally signed by

DOUGLASS.ANNA.MAR E.12438384

Date: 2022.12 08 08:15 05 -05'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.12.08 14:00:28 -05'00'