Redacted_formal_J A_15R1661.pdf

For the best experience, open this PDF portfolio in

Acrobat X or Adobe Reader X, or later.

Get Adobe Reader Now!

http://www.adobe.com/go/reader

Source Selection Info – See FAR 2.101 & 3.104 Page 1

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, Aviation-FAZA. The contracting authority for this requirement is Defense Logistics Agency (DLA), Aviation-FAZA. The long-term contract (LTC) project supporting this contracting action is LTC RA15044005.

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

Due to the circumstances described herein, this activity requests authority to acquire the items listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies Will Satisfy Agency Requirements. This action will result in the award of a new contract, which will be a firm-fixed price Indefinite Quantity contract (IQC) with one, one-year base period and four, one-year option periods in which additional quantities may be ordered.

This requirement will be purchased under limited competition from the following company.

Carleton Life Support Systems Inc 2734 Hickory Grove Road Davenport IA 52804-1203 CAGE: 99251, Large Business Manufacturer

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS

The DLA Aviation, Aviation Airframes Division I, a field Activity of the Defense Logistics Agency (DLA), proposes to acquire NSN 1660-00-243-0392, Kit Overhaul, Oxygen Regulator; NSN 1660-01- 386-3809, Kit Overhaul, Oxygen Regulator; and NSN 1660-01-463-7140, Parts Kit, Air Flow; through an Indefinite Quantity Contract (IQC) with an estimated annual demand quantity of 49 each, 13 each, and 17 each, respectively, for the base and option periods. The total estimated maximum dollar value for the procurement is , including all option periods. The statutory authority for Other Than Full and Open Competition is 10 U.S.C. 2304(c)(1), available from only one or a limited number of sources.

The solicitation is unrestricted. These items are not commercial. DLA Aviation intends to comply with the 15-day time-period for publicizing notice of the proposed contract action (FAR 5.203(a)) as well as the 30-day response time for receipt of proposals (FAR 5.203(c)). The items being purchased will support Aviation Life Support Equipment (ALSE). They are classified as critical application items. The items were verified in the Joint Services Critical Item Data Viewer on April 6, 2015, and they are not Critical Safety Items (CSI).

Source Selection Info – See FAR 2.101 & 3.104 Page 3 on or before 173 days after receipt of order (ARO). A phased delivery option is included in the solicitation. A minimum increment of at least 5 each per month beginning on or before 173 days ARO is required.

These items are identified by the AMC/AMSC code of 3C. The AMC code of “3” means acquire for the second or subsequent time directly from the manufacturer. The AMSC code of “C” means these parts require engineering source approval by the design control activity in order to maintain the quality of the parts.

Based upon a review of IBMS, these NSNs do not require Surge and Sustainment.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C 2304(c)(1), as implemented by FAR 6.302-1, Limited Number of Sources and No Other Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

ABOVE

The statutory authority for Other Than Full and Open Competition is 10 U.S.C. 2304(c)(1), available from only one or a limited number of sources. The AMC/AMSC is 3C. The AMC code of “3” means acquire for the second or subsequent time directly from the manufacturer. The AMSC code of “C” means these parts require engineering source approval by the design control activity in order to maintain the quality of the parts. The screening evaluation supports the necessity to procure this item under limited competition since a complete, unrestricted data package is not available. It is cost prohibitive for the Government to acquire the data for this item.

According to the product specialist, the sole source listed, CAGE 99251- Carleton Life Support Systems Inc., is the only firm currently capable of providing this item. Because this item is a sole source item, the product specialist has indicated that a technical certification is needed.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement has been synopsized on Federal Business Opportunities (FedBizOpps) on March 26, 2015, as required by FAR 5.201. Although the Government does not own the data to support acquisition of these Oxygen Regulator Overhaul Kits and Air Flow Parts Kit under full and open competition, any firm requesting a solicitation copy will be provided one. Any other sources who wish to become approved sources of supply for this item will be directed to the original equipment manufacturer (OEM) to obtain the qualification requirements necessary for addition as an approved source in accordance with the provision at FAR 52.217-9002, Conditions for Evaluation and Acceptance of Offers For Part Numbered Items.

Source Selection Info – See FAR 2.101 & 3.104 Page 4

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. Because the total maximum value of this acquisition will exceed the Truth In Negotiations Act (TINA) threshold of

, in accordance with FAR 15.403-4(a)(1), the contractor will be required to provide certified cost or pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the DLA Aviation Cost & Price Analyst and/or Defense Contract Audit Agency (DCAA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15. 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

These parts are unique Aviation Life Support Equipment, and currently there is only one source approved to supply them. Market research pursuant to FAR Part 10, was not further conducted because to do so would not result in a competitive item description for this acquisition.

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

COMPETITION

This OEM is not willing to sell data rights to the Government, which means the technical data package, specification, and engineering description suitable for Full and Open Competition cannot be developed without reverse engineering. The Government has determined that reverse engineering is cost prohibitive.

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

The source that has expressed interest in this acquisition is Carleton Life Support Systems, Inc, CAGE 99251.

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

This effort is required for the planned time duration of one, one-year base period and four, one-year option periods because these items are high demand items with high unit prices and long lead-times, with a recurring need to support ALSE. The actions taken to overcome barriers to competition are synopsizing and publicizing this acquisition on FedBizOpps. Pursuant to the provision at FAR 52.217- 9002, Conditions for Evaluation and Acceptance of Offers For Part Numbered Items, alternate offers are not acceptable. Any other sources who wish to become approved sources of supply for this item will be directed to the OEM to obtain the qualification requirements necessary for addition as an approved source.

Source Selection Info – See FAR 2.101 & 3.104 Page 5

XII. CONTRACTING OFFICER’S CERTIFICATION

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

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced in Attachment 2 by the signatures on the attached technical certification documents, the technical personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.