Justification for Other Than Full and Open Competition v2 ALL signed_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L123R0044

The use of authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC):

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

• 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.

• Product Specialist, , certified the following on 06/20/2023:

This item is an AMC/AMSC of 3/D. This item supports the GEAR SET,WORM AND W IS a critical application item, and IS a critical safety item. HONEYWELL INTERNATIONAL INC. (06848) AERO INTERNATIONAL, LLC (0SML3) are the only sources capable of making this item. The Government DOES NOT HAVE the data or drawings for full and open competition; the approved source is the only sources known to possess the required drawings. There ARE NOT currently 339’s out to the ESA (Engineering Support Activity) and current information indicates that the item IS NOT commercial or commercial-of-a-type. Technical Data Certification is attached.

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

• The acquisition will be synopsized for 15 days prior to the solicitation opening. At the completion of the synopsis period, the Request for Proposal (RFP) will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

• A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

• Market research consisted of review of past procurements and market surveys received from interested parties.

• Procurement history:

The PO history shows multiple prior awards:

• A sources sought notice was posted on SAM.gov from 06/21/2023 to 07/05/2023. A dealer, FBC ENTERPRISES INC (5ZD19) responded by completing a Market Survey Form.

• Per Market Survey, FBC ENTERPRISES INC confirms this is not a commercial item, delivery is estimated at 325 days upon award, acknowledges FOB Origin. They will be purchasing this item(s) from one of the approved manufacturers:

HONEYWELL INTERNATIONAL INC. (06848)

AERO INTERNATIONAL, LLC (0SML3)

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

A market survey was conducted on 06/21/2023. FBC Enterprises provided their completed Market Survey on 7/11/2023.

Techniques used to conduct survey: SAM.gov and e-mail correspondence

Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity

Total number of vendors contacted: 3

HONEYWELL INTERNATIONAL INC. (06848)

AERO INTERNATIONAL, LLC (0SML3)

FBC ENTERPRISES LLC (5ZD19)

Names of unresponsive vendors:

HONEYWELL INTERNATIONAL INC. (06848) and AERO INTERNATIONAL, LLC (0SML3) were emailed on 06/21/2023 with market survey. A follow-up email was sent on 7/17/2023.

• After review of all of the market research, including internet searches, GSA Mall, and consultation with the Product Specialist, the Contracting Officer determines this item is not commercial.

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

Based upon the attached technical certification, 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:

• FBC ENTERPRISES LLC (5ZD19)

11. The following actions are being taken to identify additional sources:

• There are no actions that need to be taken. This is the only source approved by the design control activity to maintain the quality of the part to remain consistent with the AMSC designation.

12. This item is subject to the following methods of locating additional sources:

• Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

13. Previous Justification for Other than Full and Open Competition IS NOT attached:

• This is the first time subject NSN is being solicited as an RFP; no previous J&A is available.

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.

Contracting Officer Date

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

DAPO.DOUGLAS.A.123

0220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.08.14 07:32:08 -04'00'

WHITING.MONICA.L.

1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2023.08.09 10:53:31 -04'00'

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

[ ] Over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachment(s):