SPE4A717R1157_REDACTED_J&A.pdf

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Solicitation Number: RFP SPE4A7-17-R-1157

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 purchase request (PR) supporting this contracting action is 0068928889.

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 Definite Quantity contract for a quantity of 1711 each. 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 1680-01-590-4020, Reel, Shoulder Harness, through a Definite Quantity Contract for a quantity of 1711 each. The total estimated dollar value for the procurement is $ 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. This item is commercial-off-the-shelf (COTS). 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 item being purchased will support Aviation Life Support Equipment (ALSE). It is classified as a critical application item, and it is configuration-controlled. The item was verified in the Joint Services Critical Item Data Viewer on August 11, 2017, and it is a Navy Critical Safety Items (CSI).

Under the contemplated contract, the approved source will be requested to provide the following supplies which are required to support ALSE:

NSN Quantity Estimated unit price Estimated total value 1680-01-590-4020 1711 each $ $

Based upon the Time-To-Award (TTA) initiative, an administrative lead-time (ALT) of 180 days is established for manual large purchase definite quantity contracts. The historical production lead-time (PLT) is 451 days. Based upon the DAAWG, Part 11, Exhibit 11B, Delivery Calculation, the required PLT for a definite quantity contract should be calculated as 80% of the historical PLT. The solicitation requires delivery to begin on or before 360 days after receipt of order (ARO).

The item is identified by the AMC/AMSC code of 3Z. The AMC code of “3” means acquire for the second or subsequent time directly from the manufacturer. The AMSC code of “Z” means the part is commercial-off-the-shelf.

Surge and Sustainment is not required for definite quantity contract requirements.

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 3Z. The AMC code of “3” means acquire for the second or subsequent time directly from the manufacturer. The AMSC code of “Z” means the part is commercial-off-the-shelf. 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

A Sources Sought Synopsis for RFP SPE4A7-17-R-1157, was issued on Federal Business Opportunities (FedBizOpps) on June 7, 2017, with a response date of June 12, 2017. No responses to the Sources Sought Synopsis were received. This requirement was synopsized on FedBizOpps on June 22, 2017, as required by FAR 5.201. The synopsis was amended on August 11, 2017, to indicate revised issue and closing dates for the solicitation. Although the Government does not own the data to support acquisition of this Reel, Shoulder Harness, 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 Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

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 based upon FAR Part 12 negotiation procedures using price and cost analysis. Although the total maximum value of this acquisition will exceed the Truth In Negotiations Act (TINA) threshold of $750,000.00, in accordance with FAR 15.403-1(b)(3) and (c)(3), the contractor will not be required to provide certified cost or pricing data due to the item being commercial. The acquisition specialist will use commercial pricing techniques to perform thorough price analysis to determine the price fair and reasonable based on comparison to published catalogs or price lists, or a value engineering intrinsic value analysis, or by requesting limited cost or price information. 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

There is only one source approved to supply the item. Market research pursuant to FAR Part 10, was conducted by publishing a Sources Sought Notice on FedBizOpps on June 7, 2017. The contracting officer also reviewed literature on the MA-16, Inertia Reel System, published by Carleton, which establishes the commerciality of this item. However, it still 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

An action taken to overcome barriers to competition is posting a Sources Sought Synopsis on FedBizOpps as a means of conducting market research to identify companies having an interest in and the resources to support this requirement. Another action taken is synopsizing and publicizing this acquisition on FedBizOpps for at least 15 days prior to issuance of the solicitation. Pursuant to Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items, which are included in the solicitation, 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. There are two previous buys in the procurement history, and both are simplified acquisitions. So, there are no previous Justifications for Other Than Full and Open Competition.

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.