SPE4A612R0059_J__A_Formal_R0059(1)_Redacted.pdf

Source Selection Information – See FAR 2.101 & 3.104

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the Defense Logistics Agency, Richmond/FAK. The contracting authority for this requirement is Defense Logistics Agency (DLA) Aviation, Richmond/FAK. The request for proposal (RFP) number supporting this contracting action is

SPE4A612R0059.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, this activity requests authority to acquire the items/spares listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-5. The acquisition strategy is to award a contract for an initial population of 140 NIINs within the 5995 and 6150 Federal Supply Classes managed by DLA Aviation, and expand the growth of the contract by adding additional groups of NIINs within these two FSCs to the contract in phases, as they are priced. Through market research, it has been determined that Federal Prison Industries (FPI) (UNICOR) is comparable to the private sector for the NSNs listed at attachments 1 and 2, and therefore, is the required source. This action will result in the award of a new firm-fixed price, IQC contract, with three base years plus two (one year) option periods, in which additional quantities may be ordered. This mandatory source requirement will be purchased from the following company:

Federal Prison Industries (Unicor) 400 First St. NW

Washington, DC 20534

CAGE: 90142

Large Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

This justification will cover the initial population (RFP 1) of 140 NIINs (Attachment 1) as well as the potential add-on population of NIINs (Attachment 2) upon the Contracting Officer’s finding that FPI is comparable. In accordance with FAR 8.602, add-on population may also include other 1G or 2G items included in the 6150 and 5995 FSCs that are found to be comparable.

The identified NIINs support weapon systems, including, but not limited to: the M109 Howitzer;

Aircraft, Stratolifter, C/KC; Patriot Missile; Whidbey Island Class LSD; Personnel Carriers; Lav, Anti-Tank; Helicopter, Chinook, CH-47; Ticonderoga Class CG (47); Aircraft, Stratofortress B- 52; Aircraft, Eagle F-15; Tactical Air Control Systems; Assault Breacher V; Assault, Amphibious Vehicle, PE; M-1 Abrams Tank; Mobile EW Support System; Bradley; Sincgars Radio; 72KW Generator Set; M-88 Recovery Vehicle; Aircraft, Hercules C-130; Aircraft, Galaxy C-5; T-38 Aircraft; A-10 Thunderbolt; Tank, Combat, FT, 120MM Gun; Hemtt;

Distribution Illumination System; ADCAP Torpedo, Mark 48; Switching Unit, Telephone;

15KW TQG Generator Family; F-16 Aircraft; M-60 Tank and the Multiple Launch Rocket System.

The estimated annual quantities for the applicable NIINs vary. Attachment 1 to this J&A identifies the 140 NIINs that are expected to be awarded as RFP 1, with the estimated annual demand quantities.

TOTAL POTENTIAL CONTRACT VALUE

The total maximum contract value of RFP 1 and the add-on population, inclusive of the identified Surge requirements, is This figure applies the estimated unit price to the annual consumption forecast, using the current year pricing extended for five years. The guaranteed minimum will be established as and will apply to the base period only.

According to the Industrial Base Management System (IBMS) Database, the production delivery varies from 31 days ARO to 253 days ARO.

These items have an AMC/AMSC of 1G (Fully Open and Competitive).

The Industrial Base Management System (IBMS) Database, identified 42 NIINs from RFP 1 as having Surge Requirements (Attachment 3).

The primary goal is to improve logistics support by reducing the total costs of the products, DLA inventory and Administrative and Production Lead Time (ALT and PLT) for these NIINs. This initiative will be established as a DLA stock initiative, as deliveries may be made to any DLA Depot within the Continental United States.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 USC 2304(c)(5), as implemented by FAR 6.302-5(b)(1); this authority may be used when statutes, such as FPI (UNICOR) - 18 USC 4124, expressly authorize or require that acquisition be made from a specified source or through another agency.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY

CITED ABOVE

In accordance with (IAW) FAR 8.602, a Comparability Analysis (Attachment 4) was conducted to determine whether the FPI (UNICOR) items are comparable to supplies available from the private sector that best meet the needs of the Government in terms of price, quality, and time of delivery. Based upon market research, it has been determined that FPI (UNICOR) is comparable to the private sector in accordance with FAR 8.602.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

In accordance with (IAW) FAR 8.602, before purchasing an item of supply listed in the FPI (UNICOR) Schedule, Market Research shall be conducted to determine whether the FPI (UNICOR) item is comparable to supplies available from the private sector that best meet the needs of the Government in terms of price, quality, and time of delivery. Based on the FPI (UNICOR) Comparability Analysis, these items have been found to be comparable to supplies available from the private sector in terms of price, quality and time of delivery. Therefore, in accordance with (IAW) FAR 5.202(a)(4), this requirement will not be synopsized on Federal Business Opportunities (FedBizOpps).

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.404, it is anticipated that negotiations will be conducted using information other than cost and pricing data from the contractor. Thorough price analysis will be conducted using available information and approved pricing techniques that will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government. Based on the foregoing, the Contracting Officer hereby determines the anticipated cost to the Government will be fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

In accordance with (IAW) FAR 8.602, before purchasing an item of supply listed in the FPI (UNICOR) Schedule, Market Research shall be conducted to determine whether the FPI (UNICOR) item is comparable to supplies available from the private sector that best meet the needs of the Government in terms of price, quality, and time of delivery. The Cables Strategic product population consists of 4,564, fully competitive (1G) NSNs from FSCs 5995 and 6150.

NSNs from the 5995 and 6150 stock class were analyzed by DLA Aviation’s Cost and Pricing Department. The Analyst identified 710 NSNs out of the initial population of 4,564 NSNs where the prior award was made to FPI (UNICOR). Consequently, market research on the identified 710 NSNs shows that FPI (UNICOR) is comparable to the private sector in price, quality, and time of delivery.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

Market research and review of historical procurement data show that FPI (UNICOR) was comparable to the private sector in price, quality, and time of delivery at the time of those procurements. FPI (UNICOR)’s quoted pricing will be analyzed by DLA’s Cost and Pricing Department to establish a Fair Market Price (FMP) for each NSN. If FPI (UNICOR) is unable to meet the Fair Market Price (FMP) for any NSN, that NSN will be removed and competitively procured.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

See Section VI above.

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

The Pricing Division will evaluate FPI’s (UNICOR) production costs and profit when determining the current Fair Market Price (FMP) of these items IAW DAAP 8.602(a)(90). If the FPI (UNICOR) offer is higher than the established FPM, negotiations will be conducted. If the final negotiated FPI (UNICOR) offer is higher than the FMP, the particular item(s) will be removed from this initiative and solicited utilizing competitive procedures.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

Attachments:

Attachment 1-List of Population (RFP 1) Attachment 2-List of Add-on Population Attachment 3-Surge Requirements Attachment 4-Comparability Analysis