JandA for SPE4A722R0106_Redacted.pdf

AVN Form S53, 20 FOR OFFICIAL USE ONLY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

1.Agency: Contracting Activity:

Document Identification Number: SolicitationNumber:

FAR Part 15 FAR Part 12 FAR Part 13.5

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

New Action Amendment:

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/PN QUANTITY ESTIMATED VALUE

*If too numerous, attach list of NSNs and AMSC codes.

This acquisition:

4. TypeofContract (mayinclude numberofbase years) will not include an option.

will include a % option for increased quantity. Total estimated dollar value of option quantityis $ .

will include an option to extend the term of the contract for a period of months, exercisable in increments of months. Total estimated dollar value of all option periodsis $ . The maximum dollar value of all option periods is $ .

The total estimated dollar value of this acquisition is: (inclusive of any options) $ . The maximum dollar value of this acquisition is: (inclusive of any options) $

5. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) – Available from only one or limited number of sources.

6. Efforts to improve DoD Competition in accordance with DFARS 206.303-2:

A sources sought notice or Request for Information (RFI) in accordance with DFARS PGI 206.302-1(d) was posted in Contract Opportunities on . Results of the sources sought notice/RFI resulted in the following:

A mass sources sought notice which included NSN(s) was posted to Contract Opportunities on . Date must be most current Contract Opportunities posting (i.e., within a six month period). If too numerous, attach list of NSNs.

A waiver of sources sought notice/RFI was approved by the HCA or designee on and is hereby attached.

7. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services.

Source(s) are:

Defense Logistics Agency DLA Aviation - FAQE

1000132710 SPE4A722R0106

see attachment see attachment see attachment see attachment

Firm Fixed-Price (FFP) Indefinite Quantity Contract (IQC); 5-Year Base Period, No Options

10/29/21

Two contractors responded to the notice, however they did not submit a Source Approval Request (SAR) package. The contractors were still encouraged to submit a SAR package for future procurements.

CAGE COMPANY NAME

The use of authority 10 U.S.C. 2304(c)(1) is based on:

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

AMC 2. Suitable for competitive acquisition for the first time.

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

AMC 4. Acquire, for the first time, directly from the manufacturer.

AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer.

AMSC A. The Government’s right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

AMSC B. This must be acquired from a manufacturing source(s) specified on a source control drawing.

AMSC C. This part required engineering source approval by the design control activity in order to maintain the quality of the part.

AMSC D. The data needed to acquire this part is not economically available.

AMSC H. The Government does not have sufficient, accurate, or legible data to purchase this part from other than the current source. This code is under review and will be updated when the review iscomplete.

AMSC K This part must be produced from class 1 castings under MIL-STD-2175.

AMSC L. The annual buy value of this part falls below the screening threshold established by DoD.

AMSC M Manufacture of this part requires use of master or coordinated tooling.

AMSC N. Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity.

AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained.

AMSC Q. The Government does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

AMSC R. The Government does not own the data or rights to the data needed to purchase this part from another source. It is not economical to procure the data or rights to the data.

AMSC S. Acquisition of this item is restricted to Government approved source(s) because the item involves military sensitive technology.

AMSC U. The cost to the Government to breakout this part and acquire it competitively has been determined to exceed the projected savings over the life span of the part.

AMSC V This part has been designated a high reliability part. Probability of failure would be unacceptable. The engineering activity has determined that data to define and control reliability limits cannot be obtained.

AMSC Y. The design of this part is unstable. Engineering, manufacturing, or performance characteristics indicate that the required design objectives have not been achieved.

AMSC Z. This part is a commercial/no-developmental/off-the-shelf item.

Other:

NOTE: A technical certification is required for acquisitions over $15 million see attachment see attachment

✔ see attachment

9.

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

The acquisition will be synopsized onor about and any firm requesting a solicitation copy will be provided one.

A synopsis exception cited in FAR 5.202 applies:(Explain)

Manufacturers of similar products identified in the market survey will be solicited.

Dealers of the manufacturers will be solicited.

Other: (Explain)

9. I hereby determine that the anticipated cost to the Government will be fair and reasonable. (Explain)

10. A market survey as defined by FAR 10:

was conducted, and firms indicating an interest in the acquisition will be solicited. Market research efforts, include:

was not conducted due to:

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

Based upon the technical certification on file, 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.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in 6.302-1(a)(2)(ii)(A), an estimate if the cost to the Government that would be duplicated and how the estimate was derived:

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302- 1(a)(2)(ii)(B), describe the unacceptable delays:

Other:

✔ 11/0921

✔ A sources sought notice was posted on Contract Opportunities on 10/29/21 as an effort to maximize competition. Two contractors responded to the notice, however they did not submit a Source Approval Request (SAR) package. See the attachment for information relating to the previous J&A for each NSN and any changes since the previous J&A.

The anticipation of receiving fair and reasonable prices is based on the fact that historical prices were determined fair and reasonable. If adequate competition is not received, a range of techniques may be used to determine the prices fair and reasonable. These techniques may include but are not limited to intrinsic value engineering analysis, price analysis based on the same or similar item, and the analysis of contractor’s “other than cost data” or certified cost data (if required).

A sources sought notice was posted on Contract Opportunities on 10/29/21 to determine if there are any firms interested in this acquisition. Aerospace &

Commercial Technologies was also contacted since they are an approved source for all of the NSNs.

12. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

13. The actions, being taken to overcome barriers to competition before any subsequent acquisition are made: (Explain)

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION – FAR 6.304

not exceeding $7 0,000…......................................................Contracting Officer over $7 0,000 not exceeding $1 , 00,000… ........................ Competition Advocate over $1 , 00,000 not exceeding $ ,000,000....................... Head of Contracting Activity

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION – FAR 6.302-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION – DLAD 1.691(e)(3)(i) DLA Counsel Aviation has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to 10 U.S.C. 2304(c)(1) and FAR 6.302-1 for acquisitions for NSNs in the federal supply system at or below $15 million. For acquisitions above $15 million, signature of the Aviation Deputy Chief Counsel is required to document legal sufficiency:

Name and Title Signature Phone Date

CONTRACTING OFFICER – FAR 6.303-2(b)(12) 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 $7 0,000, this signature serves as the approval.

Name and Title Signature Phone Date

COMPETITION ADVOCATE – FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.501 has reviewed and hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If over $7 0,000, but not exceeding $15 million this signature serves as the approval.

Name and Title Signature Phone Date

HEAD OF CONTRACTING ACTIVITY – FAR 6.304(a)(3) The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $15 million, but not exceeding $ million.

Name and Title Signature Phone Date

1XKR3 Aerospace Commercial Technologies Inc.

44T26 Atlas Devices (unapproved source) 29183 GSE Dynamics (unapproved source)

A sources sought notice and pre-solicitation synopsis were posted to Contract Opportunities. The solicitation will include Procurement Note L04, "Offers for Part Number Items," and alternate offer Procurement Note M06, “Evaluation of Offers for Part Numbered Items," to allow potential new sources to submit their data for evaluation in order to reduce barriers to competition.

Noraida Maldonado MALDONADO-

OTERO.NORAIDA.

Digitally signed by MALDONADO-

OTERO.NORAIDA.

Date: 2021.11.16 13:26:47 -05'00' 11/16/2021

Yolanda Calvin Maupin / Procurement Analyst MAUPIN.YOLANDA.C. Digitally signed by

MAUPIN.YOLANDA.C.

Date: 2021.11.18 06:56:10 -05'00' 11.18.21

J&A SPE4A722R0106 Attachment

CLIN FSC NIIN AMC AMSC

Estimated Annual Quantity

Estimated Yearly Value

5 Year Quantity

5 Year Estimated Value Previous J&A

0001 1560 012793524 1 M 12 60 N/A None of the previous procurements required a J&A.

0002 1560 012793522 1 M 24 120 N/A None of the previous procurements required a J&A.

0003 1560 012041523 1 M 16 80 N/A None of the previous procurements required a J&A.

0004 1560 014443646 1 M 12 60 N/A None of the previous procurements required a J&A.

0005 1560 010819109 1 M 8 40 N/A None of the previous procurements required a J&A.

0006 1560 015148683 1 C 12 60

The only previous purchase that required a J&A was made in 2010. The previous J&A was reviewed. Since 2010, the following sources have been removed: Westpark Industries Inc. (CAGE 00KE8), United Space Alliance LLC (CAGE 06NT6), Metalcraft Technologies Inc. (CAGE 0HCF0), PCA Aerospace Inc. (CAGE 5H716), HM Dunn Company (CAGE 64666), and Padgett Machine Shop Inc. (CAGE 6W037).

0007 1560 016270690 1 C 12 60 N/A None of the previous procurements required a J&A.

0008 1560 010492899 1 M 8 40 N/A None of the previous procurements required a J&A.

0009 1560 012636645 1 M 8 40 N/A None of the previous procurements required a J&A.

0010 1560 010456834 1 M 8 40 The previous J&A for this NSN was reviewed. The situation has not changed since the last J&A

TOTAL 5 Year Estimated Value