JUSTAPPR_red.pdf

FOR OFFICIAL USE ONLY

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY March 2018 Page 2 of 4

I. Contracting Activity.

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the Air Force Sustainment Center (AFSC), 638th Supply Chain Management Group (SCMG), 411th Supply Chain Management Squadron (SCMS) / GULAA. The contracting authority for this requirement is DLA Aviation at Robins Air Force Base, Georgia.

II. Nature and/or description of the action being processed.

Due to the circumstances described herein, the activity requests authority to acquire the spares listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in the award of a new contract, which will be a Firm-Fixed Price (FFP), . This sole source requirement will be purchased from the following company:

Air Cruisers Company 1747 State Route 34 Wall Township, NJ 07727-3935 Ph (732) 280-7491 CAGE: 70167 - Large Business

III. Description of supplies/services required to meet agency needs.

This is to obtain a firm fixed price spares buy contract for the acquisition of the LRU-33/A 20 Man Life Raft, Inflatable, NSN 4220-01-505-8727SO used on the HC/MC and the AC-130J aircraft.

Total estimated cost of this acquisition:

This NSN was screened and assigned Acquisition Method Code (AMC)/ Acquisition Method Suffix Code (AMSC) of 3R. AMC

3. Acquire, for the second or subsequent time, directly from the actual manufacturer. AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/ or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The Government does not own or have access to the data for this item. Air Cruiser Company is the Original Equipment Manufacturer (OEM) for this asset and the data for this asset is proprietary to them. The critical performance requirements for the manufacture are proprietary and cannot be met in the commercial market sector.

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The LRU-33/A Inflatable Life Raft does not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military unique and is not customarily used by the general public or by non-Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components.

At this time, Air Cruiser Company is the only vendor capable of fulfilling the Government’s requirement at this time.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None

X. List of any sources that expressed, in writing, an interest in the acquisition.

Source Sought Synopsis for this effort was posted to the beta.SAM.gov website 17 Aug 2020 with one response received by close out.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

In an effort to remove or overcome such a barrier to competition in the future, the market will be scanned frequently for new vendors that could satisfy the Government's requirements. The Government will continue to communicate with the OEM to see if they are willing sell their Technical Data Package. It is anticipated that will have completed their qualification with the USN in order to be considered for future buys, allowing for full and open competition among qualified sources.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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