SPE4A721R0501_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I.Agency: Defense Logistics Agency Contracting Activity: _D_L_A_A_vi_·a_ti_on _____________ _

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

l✓ I New Action □ Amendment: ________________________ _

3. The supplies/services required to meet the using activity's needs ru·e described as follows:

BRIEF DESCRIPTION

Cutter, Cable. Winch

*If too numerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSNIPN

1680-00-056-9765

4. Tlpe l fContract(mayincludemunberofbase years) will not include an option.

QUANTITY

EAD

Max

ESTIMATED VALUE

□ [Z] will include a _____ % option for increased quru1tity. Total estimated dollar value of option quantity is$ _____ _ will include an option to extend the tenn of the contrnct for a period of_4_8 ___ .months, exercisable in increments of

12 months. Total estimated dollar value of all option periodsis $ ______ . The maximum dollar value of all option periods is $

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

5. The statuto1y authority pennitting other than full and open competition is 10 U.S.C. 2304( c)(l) - Available from only one or limited number of sources.

6. Effo1is to improve DoD Competition in accordance with DF ARS 206.303-2:

I ✓ IA sow-ces sought notice or Request for Information (RFI) in accordance with DFARS PGI 206.302-1 (d) was posted in Contract Oppo1tunities on 318121 . Results of the sources sought notice/RF! resulted in the following:

No response to somces sought.

DA mass sow-ces sought notice which included NSN(s) _______________________ _ was posted to Contract Opportunities on. _______ . Date must be most cwTent Contract Opportunities posting

(i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RF! was approved by the HCA or designee on ____________ and is hereby attached.

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

Source(s) ru·e:

AVNFonn S53, OCT 2020 FOR OFFICIAL USE ONLY

CAGE

08484

COMPANY NAME

BREEZE-EASTERN LLC

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

B AMCl.

AMC2.

[l] AMC3.

□ AMC4.

0 AMC5.

□AMSCA.

□ AMSCB.

[Z] AMscc.

□AMSCD.

□AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSCU.

□AMSCV

□AMSCY.

□AMSCZ.

□ Other:

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

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

Acquire, for the first time, directly from the manufacturer.

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

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.

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

This pa1t required engineering source approval by the design control activity in order to maintain the quality of the pa1i.

The data needed to acquire this pa1i is not economically available.

The Government does not have sufficient, accurate, or legible data to purchase this pait from other tlian the cwTent sow·ce. This code is under review and will be updated when the review is complete.

This part must be produced from class 1 castings under MIL-STD-217 5.

The annual buy value of this prut falls below the screening threshold established by DoD.

Mrumfacture of this pa1i requires use of master or coordinated tooling.

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

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 othe1wise obtained.

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.

The Government does not own the data or rights to tl1e data needed to purchase this prui from another source. It is not economical to procw·e the data or rights to the data.

Acquisition of this item is restricted to Government approved source(s) because the item involves milita1y sensitive technology.

The cost to the Government to breakout this part and acquire it competitively has been deternlined to exceed the projected savings over the life spru1 of the prut.

This prui has been designated a high reliability pa1i. Probability of failure would be unacceptable. The engineering activity has detennined that data to define and control reliability limits crumot be obtained.

The design of this part is unstable. Engineering, manufacturing, or performance chru·acteristics indicate that the required design objectives have not been achieved.

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

NOTE: A tec.hnical c.ertific.ation is requil'ed fo1· ac.quisitions over $15 million

8. Effo1is to ensure that offers are solicited from as many sources as practicable are:

I✓ I The acquisition will be synopsized onor about 5121121 and any finn requesting a solicitation copy will be provided one. D A synopsis exception cited in FAR 5.202 applies:(Explain) _______________________ _

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

Dealers of the manufacturers will be solicited.

Other: (Explain) __________________________________ _

9. I hereby detennine that the anticipated cost to the Govemment will be fair and reasonable. (Explain) ____________ _ Cost and Pricing Data will be requested if needed.

Pricing will also be compared to previous buys and other offers if received.

10. A market survey as defined by FAR 10:

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

was not conducted due to: _A_cqwsr.;....· ·_no_n_will_ be_syn;......;;op_siu<t ____________________________ _

Any firm interested can submit a SAR

11. Additional facts suppo1iing other than full and open competition are:

[l]

Based upon the technical certification on file, technical data is not available and cannot be developed to pennit full and open competition. The data presently available reflects the minimum needs of the Govemment.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in

6.302-l(a)(2)(ii)(A), an estimate if the cost to the Govemment that would be duplicated and how the estimate was derive.cl: __________________________________________ _

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l (a)(2)(ii)(B), describe the tmacceptabledelays: ________________________ _

Other: this is a source approved (3-C) item. Any firm can submit a SAR Currently there is one CAGE code approved.

Sources Sought issued . No offers received from the Sources Sought.

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

CAGE COMPANY NAME

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain) This is a source approved (3-C) item. Any firm can submit a SAR. Currently there is one CAGE code approved.

Sources Sought issued. No offers received from the Sources Sought.

Procurement notes L04/M06 will be included in the solicitation.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION - FAR 6.304

O notexceeding $750,000 . ........... .. .... ................ .... .......... ...... .. . Contracting Officer [Z] over $750,000 not exceeding $15,000,000 .. . .. .. .... .............. .. Competition Advocate LJ over $15,000,000 not exceeding $100,000,000 ...... .. .......... ..... Head of Contracting Activity

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION - FAR 6.302-2(c) Supporting data that is the responsibility of technical or requirements personnel and which fonn 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)(3)(i) 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)(l) and FAR 6.302-1 for sole source tactical acquisitions for NSNs in the federal supply system at or below $ 15 million. For acquisitions above $15 million, signature of the Aviation Deputy Chief Counsel is required to document legal sufficiency:

Name and Title Signature Phone Date

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 $750,000, this signature serves as the approval.

BURNETTE.EARLfll ~~~~H Date: 2021.06.22 12.

Earl Burnette, Contracting Officer -- 6/22/211

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 hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If over $750,000, but not exceeding $15 million this signature serves as the approval.

Yolanda Calvin Maupin / Procurement Analyst

Name and Title

MAUPIN.YOLANDAC. ::.';"JN.~~c-

- Date: 2021.06.22 15:0~

Signature

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3)

--- 6.22.2021

Phone Date

The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $15 million, but not exceeding $100 million.

Name and Title Signature Phone Date