JA63021cSPE7M224R0004.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M224R0004

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

4. The statutory authority permitting other than full and open competition is:

[ X] 10 U.S.C. 3204 (a) (1) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: The Government is restricting procurement to one (1) approved source capable of manufacturing this part; CAGE (20722) The Entwistle Company. The TDR is updated every three (3) years and expires on 22 April 2024.

The use of the authority cited below:

[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 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.

Item is made to NAVAIR drawings and available for download, however, NSN is coded 3/C due to source approval by NAVAIR and NAVSUP. This is a flight critical application item/critical aircraft item, with a special procedures code of (01). The cages cited in paragraph 5 have the appropriate manufacturing expertise and quality capabilities to supply this NSN. The acquisition of only the currently approved source’s part numbered item is required to maintain the quality of the part.

Although the government possesses drawings for this part it is necessary to limit competition to those companies with engineering source approval by the design control activity. This requirement is because the Aircraft Launch and Recovery Equipment (ALRE) includes catapult launch and arrested landing system equipment that launches aircraft from an aircraft carrier or air capable ship, guides the aircraft back to the ship or expeditionary airfields, and recovers the aircraft safely. Over the past 30-plus years, aircraft have continued to increase in weight, while many of the ALRE systems and components have not undergone significant redesign to accommodate these higher energy loads, resulting in diminished safety. In response, NAVAIR established the ALRE Flight Safe Program, which governs the life-cycle management of ALRE Critical Safety Items (CSI) and Critical Application Items (CAI). These items, as determined by NAVAIR, are essential to weapons system performance and the preservation of life and the safety of operational personnel. ALRE CSI and CAI are identified in the DLA Enterprise Business Systems (EBS) Material Master, Classification Tab, CIM sub-tab, with a Special Procedures Code (SPC) of “01.”

NAVAIR designates ALRE items as CSI or CAI through the Navy Joint Deficiency Reporting System, which feeds the code (SPC-01) into EBS. Technical Data Requirements (TDR) containing a list of approved sources, as designated by NAVAIR and NAVSUP, are required for all such items. When an ALRE item is coded SPC-01, DLA procures as instructed per the TDR from the list of approved sources in accordance with NAVAIRISNT 13800.18A. It is essential to the integrity of the ALRE Flight Safe Program and critical to naval aviation safety that DLA only procure the product of an approved source.

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

[ X ] The acquisition will be synopsized on or about December 12, 2023 for 15 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. DLA has procurement history wherein the prices were determined to be fair and reasonable. Price analysis will be conducted using historical pricing. Other than Cost and Pricing Data may be obtained to support a fair and reasonable price.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X] A market survey was conducted on/during November 13, 2023 to November 20, 2023.

Total number of vendors contacted: One (1); CAGE CAGE (20722) The Entwistle Company

Names of vendors contacted and responding: CAGE CAGE (20722) The Entwistle Company with no response.

Techniques used to conduct survey: Posted a Sources Sought on November 13, 2023 for 5 business days with attached market survey to SAM.gov. The Sources Sought notice produced no responses.

Types of information requested: Business size, estimated price and delivery, economical quantities, commerciality, purpose and function, and capability to provide Cost and Pricing Data.

Summary of information received:

CAGE (20722) The Entwistle Company: The Entwistle Company was contacted via email and a telephone voice message, but has failed to respond.

Information received regarding the commerciality of the item(s): This is exclusively used for the ALRE, Catapult and Arresting Gear. Review of Material Master indicates that this NSN has an AMC/AMSC rating of 1 C, and the Commercial Off the Shelf is blank. An internet search was conducted for this NSN, and the results indicate that the item is not for commercial use. The item does not appear on GSA Advantage. Market research with an approved manufacturer and technical information provided by the Product Specialist do not identify this item as commercial. There is no evidence that this NSN is available on the commercial market nor is it of a type customarily used by the general public or by non-governmental entities for purposes other than government or military purposes as defined in FAR 2.101. The contracting officer, after review of all the information provided regarding commerciality of the item, has determined that this item is non-commercial.

9. Additional facts supporting other than full and open competition are:

[X] Other: (Explain) This is a Critical Application Item with an SPC code of ‘01’. Naval Air Systems Command, Lakehurst (NAVAIR) is the design control activity and determines the manufacturers that are capable of producing the item to the CAI requirements. NAVAIR provides one (1) approved source CAGE (20722) The Entwistle Company, who has been the sole supplier.

10. A listing of sources, if any, indicating an interest in the acquisition is: CAGE (20722) The Entwistle Company

11. The following actions are being taken to identify 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 [ X ] Other (Explain) The solicitation will post to the DLA DIBBs website for 30 days. Any new manufacturers who would like to pursue source approval will receive source approval guidance for submission of a SAR package to the design activity, NAVAIR.

12. No previous J&A exists since the most recent purchase was made using Simplified Acquisition Procedures.

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.

Herman L. Poe/Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification: $1,471,911

Mary Shearer/Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ X ] Up to $750,000 Contracting Officer [ X ] $750,000 to $15,000,000 Competition Advocate

Attachment 1 – FAR 6.303-2 (c) SUPPORTING DATA CERTIFICATION

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.12.07 15:35:06 -05'00'

POE.HERMAN.LEE.J

R.1214625691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2023.12.07 07:01:11 -05'00'