SPE4A719R0048_REDACTEDa.pdf

DEFENSE LOGISTICS AGENCY

AVIATION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND, VIRGINIA 23297-5002

Solicitation Number: SPE4A7-19-R-0048

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 support requirements generated for the Defense Logistics Agency (DLA), Aviation-FAZB. The contracting authority for this requirement is (DLA), Aviation-FAZB.

The long-term contract (LTC) project supporting this contracting action is LTC RA18261001.

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

Due to the circumstances described herein, this activity requests authority to acquire the item listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only Two (2) Responsible Sources and No Other Suppliers 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 one of the following companies.

Carleton Life Support Systems, Inc. 2734 Hickory Grove Road Davenport, IA 52804-

CAGE: 99251

Business Size Classification: Large

Avox Systems, Inc.

225 Erie Street Lancaster, NY 14086-

CAGE: 53655

Business Size Classification: Large

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

AGENCY’S NEEDS

The DLA Aviation, Aviation Airframes Division I, a major subordinate command of (DLA), proposes to acquire NSN 1660-00-927-1996, Regulator, Oxygen DE; through an (IQC) with Solicitation Number: SPE4A7-19-R-0048 an estimated annual demand quantity of 1332 each 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. This item is 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 item being purchased will support Aviation Life Support Equipment (ALSE). It is classified as critical application item. The item was verified in the Joint Services Critical Item Data Viewer on September 20, 2018, and is not a Critical Safety Item (CSI).

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

1660-00-927-1996

Unit Price

EAD

QTY

EAD Value

MAX

Qty

Maximum total

Base Period $ 1332 $ 1998 $

Option Period 1 $ 1332 $ 1998 $

Option Period 2 $ 1332 $ 1998 $

Option Period 3 $ 1332 $ 1998 $

Option Period 4 $ 1332 $ 1998

TOTAL VALUE $ $

TOTAL POTENTIAL MAXIMUM CONTRACT VALUE $28,545,725.70

Based upon the Time-To-Award (TTA) initiative, an administrative lead-time (ALT) of 285 days is established for LTCs requiring certified cost and pricing data. The historical production lead-time (PLT) is 281 days. However, the calculated PLT from the Industrial Base Management System (IBMS) must be used as the delivery objective for this LTC initiative. The solicitation requires delivery to begin on or before 138 days after receipt of order. A guarantee minimum of at least 999 will be ordered on the first delivery order.

These items are identified by the AMC/AMSC code of 1/T. The AMC code of “1” means suitable for competitive acquisitions for the second or subsequent time. The AMSC code of “T” means that all approved manufacturing sources must be on the Qualified Producers List (QPL) in order to maintain the quality of the parts.

Based upon a review of IBMS, this NSN requires 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 1/T. The AMC code of “1” means suitable for competitive acquisitions for the second or subsequent time.

The AMSC code of “T” means that all approved manufacturing sources must be on the QPL in order to maintain the quality of the parts.

According to the Product Specialist, the sources listed, CAGE 99251 - Carleton Life Support Systems Inc., and CAGE: 53655 - Avox System Inc., are the only firms currently capable of providing this item.

Because this item has limited sources, 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 October 05, 2018, as required by FAR 5.201. Although the Government owns the data to support acquisition of this Oxygen Regulator under full and open competition after exclusion of sources, any firm requesting a solicitation copy will be provided one. IAW FAR 52.209-1 Qualification Requirements; Any other sources who wish to become an approved source of supply for this item is required to submit a Source Approval Request (SAR) package to DLA Aviation Small Business office at: DLA Aviation, Attn: DLA AVN-DU (SAR Program Manager), 8000 Jefferson Davis Highway, Richmond, VA 23297-5100; to obtain the qualification requirement necessary for evaluation as an approved source. Only approved sources, eligible for award will be listed pursuant to the provision at DLAD Procurement Note H02 Component Qualified Products List (QPL)/Qualified Manufacturers List (QML):

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

In accordance with FAR 52.210-1, Market Research; this part is unique ALSE, and currently there are only two sources approved to supply this Regulator, Oxygen DE. A sources sought notice was posted on FedBizOpps to notify other vendors of this opportunity and firms indicating an interest in this acquisition will be encouraged to provide a SAR package for evaluation.

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

OPEN COMPETITION

This item is subject to a qualification requirement QPL and a sources sought notice was posted on FedBizOpps to notify other vendors of this opportunity and firms indicating an interest in the acquisition will be encouraged to provide a SAR package for evaluation.

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

ACQUISITION

The only source that has expressed interest in this acquisition is Avox System Inc., CAGE 53655.

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 this item is a high demand item 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 DLAD Procurement Notes L22.

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 in Attachment 1 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.

Attachment Technical Certification