Redacted JA.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L125Q0222

Controlled by: DLA Land and Maritime Controlled by: [FLSCD]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC:

DLA Land & Maritime Justification for Other Than Full & Open Competition

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[ 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 on other than a full and open competition basis.

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

NSN NOMENCLATURE QTY

ESTIMATED

VALUE

OPTION % /

QTY

ESTIMATED

TOTAL VALUE

AMC /

AMSC

QCC

5340-01-512-0408 BUMPER 184 N/A 3D CAA

End item, weapon system, or class of item: This solicitation is for a DLA Direct Requirement, PR 7008765124.

Item noun name is BUMPER and has HELICOPTER, UH-GOA, UH-GOL, UH-GOV weapon system assigned.

Estimated value: $ Estimated total value: $

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

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:

Cage (08484) BREEZE-EASTERN LLC is uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture this item.

P/N: BL-15975-3

The use of the authority cited below:

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 technical certification on 9.20.2024

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SOLICITATION SPE7L125Q0222

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

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See attached Technical Certification This item is an AMC/AMSC of 3/D. This item supports the HELICOPTER, UH-GOA, UH-GOL, UH-GOV weapon system, is not a critical application item, and is not a critical safety item: Cage (08484) BREEZE-EASTERN LLC is the only approved source manufacturer. The Government does not own or possess the data or drawings for full and open competition. The approved source is the only source known to possess the required drawings. There are not currently any 339’s out to the Engineering Support Activity (ESA). Technical Data Certification is attached.

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

The acquisition was synopsized on 10.28.2024 for 15 days.

Dealers of the manufacturers will be solicited.

Solicitation will be posted to DIBBS.

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

Past procurement history will be reviewed, and a PPI price analysis will be performed. Other than cost and pricing data may be requested and analyzed. Additionally, discussions may be held with offerors, if needed, to determine price fair and reasonable.

This is a definite quantity firm fixed price contract for a total quantity of 184 each.

This item is being procured on an All or None basis.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Previous history:

The PO History shows multiple prior awards. In each previous award TRIMANN INDUSTRIES INC supplied the item from BREEZE-EASTERN.

The Sources Sought was opened on 9.17.2024 and closed on 9.24.2024 on SAM.gov. No responses received.

SOLICITATION SPE7L125Q0222

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

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

A market survey was conducted on 9.17.2024

Techniques used to conduct survey: SAM.gov and email correspondence

Types of information requested: Size of business, type of business, commerciality, price listed/stock inventory status, willingness to offer proposal, delivery schedule, quantity sensitivity, Total number of vendors contacted: 2 Cage (08484) BREEZE-EASTERN LLC Cage (0ZBE8) TRIMAN INDUSTRIES LLC

Names of unresponsive vendors:

Cage (08484) BREEZE-EASTERN LLC was emailed on 9/17/2024 with market survey. No response was received.

Names of vendors and summary of information from responses:

Cage (0ZBE8) TRIMAN INDUSTRIES TRIMANN INDUSTRUES INC is a dealer for BREEZE-EASTERN Large Business Dealer Item is Commercial

Commercial determination:

Cage (0ZBE8) TRIMAN INDUSTRIES stated on their market survey that part number BL-15975-3 is a commercial item and are able to provide copies of recent Invoices. The COTS field, generated by the Product Specialist, in the Product Master in SRM, was left blank. A Google search found no listing of sales to the private sector supporting the commerciality of this item. Army Contracting Command, Contracting Office, determined this item to be commercial. Product Specialist was notified that this item would be classified as “Commercial of A Type” and not COTS. The Contracting Officer determines that this item is commercial of a type, thus FAR 13.5 procedures will be utilized.

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

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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: (If none, so state)

Cage (0ZBE8) TRIMAN INDUSTRIES LLC

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items This solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

12. DFARS PGI (Procedures, Guidance, and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. (Contract #: SPE7L122C0041 Award Date: 7/11/2022)

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

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[ ] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

Attachment(s):

Technical Certification by the Product Specialist Previous J&A Contract #: SPE7L122C0041 Award Date: 7/11/2022 Email attachment from the Army-Clarifying commercial item