P-53-JA-Package-SPE4A618RXA08-r.pdf

AVN Form S53, OCT 2015 FOR OFFICIAL USE ONLY 1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

1. Agency: _________________________________________ Contracting Activity: _______________________________________ Document Identification Number: _______________________ Solicitation Number: _______________________________________

☐ FAR Part 15 ☐ FAR Part 12 ☐ FAR Part 13.5

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

☐ New Action ☐ Amendment: _______________________________________________________

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

BRIEF DESCRIPTION NSN/PN QUANTITY ESTIMATED VALUE

*If too numerous, attach list of NSNs and AMSC codes.

This acquisition:

☐ will not include an option.

☐ will include a ______% option for increased quantity. Total estimated dollar value of option quantity is $____________.

☐ will include an option to extend the term of the contract for a period of _______ months, exercisable in increments of _______ months. Total estimated dollar value of all option periods is $___________________. The maximum dollar value of all option periods is $___________________.

The total estimated dollar value of this acquisition is: (inclusive of any options) $___________________ The maximum dollar value of this acquisition is: (inclusive of any options) $___________________

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) – Available from only one or limited number of sources.

5. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services. Source(s) are:

CAGE COMPANY NAME

The use of authority 10 U.S.C. 2304(c)(1) is based on:

☐ AMC 1. Suitable for competitive acquisition for the second or subsequent time.

☐ AMC 2. Suitable for competitive acquisition for the first time.

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

☐ AMC 4. Acquire, for the first time, directly from the manufacturer.

☐ AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer.

☐ AMSC A. The Government’s right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

☐ AMSC B. This must be acquired from a manufacturing source(s) specified on a source control drawing.

☐ AMSC C. This part required engineering source approval by the design control activity in order to maintain the quality of the part.

☐ AMSC D. The data needed to acquire this part is not economically available.

☐ AMSC H. The Government does not have sufficient, accurate, or legible data to purchase this part from other than the current source. This code is under review and will be updated when the review is complete.

Type of Contract (may include number of base years)_______________________________________________________

AVN Form S53, OCT 2015 FOR OFFICIAL USE ONLY 2

☐ AMSC K. This part must be produced from class 1 castings under MIL-STD-2175.

☐ AMSC L. The annual buy value of this part falls below the screening threshold established by DoD.

☐ AMSC M. Manufacture of this part requires use of master or coordinated tooling.

☐ AMSC N. Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity.

☐ AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained.

☐ AMSC Q. The Government does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

☐ AMSC R. The Government does not own the data or rights to the data needed to purchase this part from another source. It is not economical to procure the data or rights to the data.

☐ AMSC S. Acquisition of this item is restricted to Government approved source(s) because the item involves military sensitive technology.

☐ AMSC U. The cost to the Government to breakout this part and acquire it competitively has been determined to exceed the projected savings over the life span of the part.

☐ AMSC V. This part has been designated a high reliability part. Probability of failure would be unacceptable. The engineering activity has determined that data to define and control reliability limits cannot be obtained.

☐ AMSC Y. The design of this part is unstable. Engineering, manufacturing, or performance characteristics indicate that the required design objectives have not been achieved.

☐ AMSC Z. This part is a commercial/no-developmental/off-the-shelf item.

☐ Other:___________________________________________________________________________________

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

☐ The acquisition will be synopsized on or about _________________ and any firm requesting a solicitation copy will be provided one.

☐ A synopsis exception cited in FAR 5.202 applies: (Explain) ________________________________________________

☐ Manufacturers of similar products identified in the market survey will be solicited.

☐ Dealers of the manufacturers will be solicited.

☐ Other: (Explain) ___________________________________________________________________________________

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

8. A market survey as defined by FAR 10:

☐ was conducted, and firms indicating an interest in the acquisition will be solicited. Market research efforts, include:

☐ was not conducted due to: ___________________________________________________________________________

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

☐ Based upon the technical certification on file, 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.

☐ When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate if the cost to the

Government that would be duplicated and how the estimate was derived. ______________________________________

AVN Form S53, OCT 2015 FOR OFFICIAL USE ONLY 3

☐ Other: ___________________________________________________________________________________________

10. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

11. The actions, being taken to overcome barriers to competition before any subsequent acquisition are made: (Explain)

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION – FAR 6.304

☐ not exceeding $700,000…………………………….....……. Contracting Officer ☐ over $700,000 not exceeding $13,500,000………………… Competition Advocate

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION – FAR 6.302-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION – DLAD 1.691(e)(ii) DLA Counsel Aviation has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to 10 U.S.C.

2304(c)(1) and FAR 6.302-1 in acquisitions for NSNs in the federal supply system.

CONTRACTING OFFICER – FAR 6.303-2(b)(12) 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.

Name and Title Signature Phone Date

COMPETITION ADVOCATE – FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.501 has reviewed and approved this Justification for a proposed contract over $700,000, but not exceeding $13.5 million.

Name and Title Signature Phone Date

COMMERCIAL ITEM DETERMINATION

MEMORANDUM FOR RECORD

AVN Form S20, SEPT 2015

SUBJECT: Market Research for Commercial Items (FAR 10.002) and Commerciality Determination (FAR 2.101)

Market research has been conducted prior to solicitation:

Solicitation # _, NSN(s) , Item

PART I

In accordance with FAR 10.002(b) and FAR 2.101, Definitions, a review has been conducted of the item description(s) to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs to determine the following:

• Whether items of a type are customarily available in the commercial marketplace; annotate evidence of actual sale, lease, or license to the general public:

• Whether items of a type are customarily available in the commercial marketplace with modifications; annotate evidence of actual sale, lease, or license to the general public and type of modification:

• Whether items are used exclusively for governmental purposes; annotate evidence that the items were (1) developed exclusively at private expense, and (2) sold competitively in substantial quantities to multiple state and local Governments:

• Customary practices regarding customizing, modifying or tailoring of items to meet customers’ needs and associated costs; annotate evidence of customary availability of the modification in the commercial marketplace or the technical relationship between the modified items:

• Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made:

• The applicability of any laws and/or regulations unique to the item being acquired:

• The availability of items that contain recovered materials and items that are energy efficient; the distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and the size and status of potential sources:

COMMERCIAL ITEM DETERMINATION

MEMORANDUM FOR RECORD

AVN Form S20, SEPT 2015

PART II

Please check the applicable block(s) for techniques utilized to conduct market research and determine commerciality:

( ) Commercial-Off-the-Shelf Field is coded ( ) If item has been coded in SAP as commercial, but non-commercial practices are required (e.g., QCCs, packaging, etc.) the justification for the use of these practices has been entered in SAP in the internal comments field.

( ) Contacted knowledgeable individuals in Government and industry regarding market capabilities to meet requirements;

( ) Reviewed the results of recent market research undertaken to meet similar or identical requirements;

( ) Published formal requests for information in appropriate technical or scientific journals or business publications;

( ) Queried the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.fpds.gov and other Government and commercial databases that provide information relevant to agency acquisitions;

( ) Participated in interactive, on-line communication among industry, acquisition personnel, and customers;

( ) Obtained source lists of similar items from other contracting activities, agencies, trade associations, or sources;

( ) Reviewed catalogs and other available product literature published, or on-line, by manufacturers, distributors, and dealers;

( ) Queried the Central Contractor Registration (CCR) via the System for Award Management (SAM) for small business sources, as applicable. (See DAAP Part 4 for information on SAM).

( ) Other (attach supporting documentation to include a review of the Material Master in SAP):

SUMMARY OF MARKET RESEARCH:

In accordance with Aviation guidelines, the Acquisition Specialist contacted the Product Specialist on .

Name Date

Product Specialist Concurrence Received (Y/N): _______

If “Yes,” has the Material Master been updated: _______

If “No,” state reason for non-concurrence and how non-concurrence resolved:

CONCLUSION:

Based on the market research conducted, item(s) to be solicited against subject solicitation have been determined to be commercial.

( ) Commercial ( ) Non-Commercial

APPROVALS:

Acquisition Specialist Date Contracting Officer Date

Approving Official (one level above KO – for > $1M only) Date https://www.fpds.gov/

COTS FIELD: N