REDACTED JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-X070

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

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

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

CASE, CARRYING, CAMOUFLAGE 1080-01-596-3933/

272357-9 81 D

CAP,ELECTRICAL

5990-01-668-3138/ 280341-1

251 D

BATTERY BOX

6160-01-554-9890/ 276317-1

2181 D

Identify end item, weapon system, or class of item:

NSN WEAPON SYSTEM

1080-01-596-3933 CONSOLIDATED GROUND SUPPORT EQUIPMENT (MBN)

5990-01-668-3138 JOINT SERVICE LIGHTWEIGHT STANDOFF CHEMICAL

AGENT DETECTOR (XHN)

6160-01-554-9890 AN/PSQ-20 ENHANCED NIGHT VISION GOGGLES (ENVG)

(ENA)

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE

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

[ X ] 10 U.S.C. 2304(c)(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:

NSN VENDOR PART NUMBER

1080-01-596-3933 ELBIT SYSTEMS OF AMERICA - NIGHT VISION (13567) 272357-9

5990-01-668-3138 ELBIT SYSTEMS OF AMERICA - NIGHT VISION (13567) 280341-1

6160-01-554-9890 ELBIT SYSTEMS OF AMERICA - NIGHT VISION (13567) 276317-1

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:

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ X ] 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.

[ X ] Other: The Quality Assurance Specialist of record reviewed the AMC/AMSC coding and source information. The Quality Assurance Specialist verified it was complete and accurate 4 April 2020. All means to obtain a technical data package adequate for manufacture of the item have been exhausted.

Elbit Systems of America – Night Vision is uniquely qualified to manufacture these NSNs because it is the only known source with the data or rights to the data necessary to manufacture the item. The Government knows of no other sources, nor is technical data available.

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

[ X ] The acquisition will be synopsized on or about October 30, 2020 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR 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.

Certified Cost or Pricing Data in accordance with FAR 15.403-4 will not be required as the total dollar value is below the requirement threshold. The offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness. Negotiations will address the individual cost elements. A price analysis will also be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the responses.

A sources sought was conducted on Beta Sam from 25 September 2020 through 5 October 2020, there were no responses.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] Market surveys were emailed to the following companies: Transaero Inc and Elbit Systems of America – Night Vision on 28 April 2020. Transaero did not respond to this survey.

Total number of vendors contacted: 2.

Names of vendors contacted and responding: Elbit Systems of America – Night Vision Techniques used to conduct survey: Contacted by email and the market survey forms emailed. Types of information requested: Business size, ability to provide a proposal, ability to meet technical, packaging, shipping and delivery requirements, and willingness to provide cost and pricing data if necessary. Summary of information received:

Elbit Systems of America. of Elbit Systems provided the following responses to the Market Survey. Elbit Systems is a large business. They are interested in pursuing a Long Term Contract. They indicated that these items are commercial.

Information received regarding the commerciality of the item(s): Elbit Systems of America provided copy of commercial invoices for these items.

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

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ X ] Based upon the technical certification on file in DLA Land and Maritime – VEP 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: Elbit Systems of America – Night Vision (13567).

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

12. There are no prior J&A’s for these NSNs. The procurement history indicated these were PACE buys.

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 $700,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL REQUIREMENTS

[X ] $150,000.00 to $700,000.00 Contracting Officer

HARRIS.ROBERT.T.1283673070

Digitally signed by

HARRIS.ROBERT.T.1283673070

Date: 2020.10.05 13:33:46 -04'00'