JA6.3201CSPE7LX21D0075.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-0004

FOR OFFICIAL USE ONLY

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

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

Shield Technologies Corp. (CAGE 3Z9L5) part number 123139-GR is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply this item to DLA and the using military services. The approved source and part number was confirmed by the Product Specialist on July 10, 2020.

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.

This item has an AMC/AMSC of 3D. Per the approved manufacturer parts list for this NSN in SAP (as received from the Defense Logistics Information Service), Shield Technologies Corp. (CAGE 3Z9L5) is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply this item to DLA and the using military services.

A technical review in support of a potential LTC was performed in July 10, 2020. The Product Specialist reviewed the technical information, including the AMC/AMSC codes, and certified it as complete and accurate on July 10, 2020. The Product Specialist certified that the Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from another source other than the one listed above and that all means to obtain a technical data package adequate for manufacture of the item have been exhausted. This item supports a weapon system that is deployable and failure to provide this item could result in non-mission capable weapons/systems and reduced readiness.

The Contracting Officer has determined that FAR Part 12 commercial procedures will be utilized for this acquisition.

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

The acquisition will be synopsized on or about October 15, 2020.

The solicitation will be posted to the DLA Internet Bid Board System (DIBBS) for 30 days.

The sole source manufacturer 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 I/A/W FAR 15.403-1(b)(3), as this item will be solicited utilizing FAR Part 12 procedures. This item will be solicited as Other Than Full and Open Competition.

The buyer only intends to award the NSNs if fair and reasonable price determinations can be made.

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 this item 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, the majority of the contracts have been below the SAT threshold and did not require a J&A. This NSN was on Contract SPE7L2-20-P-0547 that was over the SAT threshold; however, this contract was awarded under Special Emergency Procurement Authority (SEPA) and a J&A was not completed.

In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

MARY E. SHEARER, Date Competition Advocate

Head of the Contracting Activity (HCA) Date Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

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

SAYLOR.MEGAN.M.

1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2020.11.10 12:25:49 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.11.10 15:27:33 -05'00'

BROWN.MARK.ALB

ERT.1041175032

Digitally signed by

BROWN MARK.ALBERT.1041175032

Date: 2020.11.10 15:51:57 -05'00'