SPE4A723R0120_Redacted.pdf
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- Attached to
- SPE4A723R0120_J&A Federal contract opportunity
- Solicitation number
- SPE4A723R0120
- Issued by
- Defense Logistics Agency Aviation
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DEFENSE LOGISTICS AGENCY
AVIATION
6900 STRATHMORE ROAD
RICHMOND, VIRGINIA 23297-5002
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLE SOURCE HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZone)
(1) Identification of the agency and the contracting activity
This justification and approval (J&A) is submitted to request authority for the use of other than full and open competition to support requirements generated by the Defense Logistics Agency (DLA). The contracting authority for this requirement is DLA Aviation, FAQE, Richmond, VA.
(2) Nature and/or description of the action being approved.
This J&A seeks approval to issue Solicitation SPE4A7-23-R-0120 as a sole source HUBZone set-aside directed to L’anse Manufacturing & Technology, Inc., Lanse, MI, CAGE 6T7H7.
(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value)
The solicitation proposes to award a contract for NSN 2840-01-443-5894. The item is limited source and L’anse Manufacturing & Technology, Inc. is the only HUBZone source identified through market research that is capable of manufacturing the NSN. The contract will cover a base period of five (5) years with zero (0) options. The total estimated dollar value is .
(4) An identification of the statutory authority permitting other than full and open competition.
A sole source HUBZone set-aside is justified under 10 USC 2304(c)(5), FAR 6.302-5, authorized or required by statute.
(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
FAR 19.1306(a)(1)-(6) specify when a sole source HUBZone set-aside is appropriate. This acquisition meets those circumstances, as follows:
(1) The contracting officer does not have a reasonable expectation that offers will be received from two or more HUBZone small business concerns;
Market research identified L’anse Manufacturing & Technology, Inc. as the only HUBZone manufacturer capable of manufacturing this NSN.
(2) The anticipated award price of the contract, including options, will not exceed—
(i) $6.5 million for a requirement within the NAICS codes for manufacturing; or
(ii) $4 million for a requirement within any other NAICS code;
The applicable NAICS code is 336412, Aircraft Engine and Engine Parts, so the $6.5 million limitation applies. As stated above, the estimated value is ; $6.5 million will be the contract maximum to ensure the limitation is not exceeded.
(3) The requirement is not currently being performed by an 8(a) participant under the provisions of Subpart 19.8 or has been accepted as a requirement by SBA under Subpart 19.8;
No performance by an 8(a) participant were identified during market research.
(4) The acquisition is greater than the simplified acquisition threshold.
(5) The HUBZone concern has been determined to be a responsible contractor with respect to performance;
L’anse Manufacturing & Technology, Inc. has a history of successful performance on previous contracts for these items.
(6) Award can be made at a fair and reasonable price.
Review of DLA Aviation’s procurement history indicates that L’anse Manufacturing & Technology, Inc. has received awards for this NSN, all at prices determined fair and reasonable.
Based on this, the Contracting Officer has a reasonable expectation that L’anse Manufacturing & Technology, Inc. can supply all the items at fair and reasonable prices.
(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.
As an effort to maximize competition, a sources sought notice was posted on Contract Opportunities on the beta.SAM.gov website on 04 November 2022. The solicitation was synopsized on 17 November 2022 on Contract Opportunities, which meets the requirement at FAR 5.201. Any potential source requesting a copy of the solicitation will be provided one and any offers, which qualify under the terms of the HUBZone set-aside, will be considered. None of the previous acquisitions for this item required a J&A. The situation has not changed since the last purchase of this item.
(7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
The Contracting Officer has determined that the cost to the Government will be fair and reasonable. As stated above, L’anse Manufacturing & Technology, Inc. has previously supplied this item at prices that were determined fair and reasonable.
(8) A description of the market research conducted and the results or a statement of the reason market research was not conducted.
Market research was conducted to identify potential suppliers that have supplied or are capable of supplying the items for the acquisition. Using both historical data and information gathered from the vendors, there is no reasonable expectation that competition exists between two or more HUBZones.
L’anse Manufacturing & Technology, Inc was contacted and they expressed their interest in submitting an offer for this requirement (see attachment). No other contractors expressed interest in this requirement.
(9) Any other facts supporting the use of other than full and open competition.
No long-term adverse impact to competition is anticipated and set-aside will be dissolved if award is not made at a fair market price.
(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.
Potential Supplier Business Type L’anse Manufacturing & Technology, Inc. (Cage 6T7H7) Approved HUBZone Manufacturer
(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.
As this acquisition is authorized by the HUBZone Act of 1997 and supports the Department of Defense’s goals to leverage HUBZones for prime contract business opportunities, no action will be taken to overcome this barrier. No long-term adverse impact to competition is anticipated and the set-aside will be dissolved if award cannot be made at a fair market price.
(12) Contracting Officer certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.
The Contracting Officer’s signature on the coordination and approval documents provides evidence that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.
Attachments
1. Sources Sought Notice
2. Synopsis / Pre-solicitation Notice
3. Correspondence with L'anse Manufacturing & Technology
Coordination and Approval, J&A for other than full and open competition, Solicitation
SPE4A7-23-R-0120
I hereby certify that the information contained in this justification is complete and accurate to the best of my knowledge.
Date Gladys T. Brown
Contracting Officer DLA Aviation
Date Robert Sebold
Associate Counsel
This justification has been reviewed and is approved.
Date Yolanda Calvin Maupin
Competition Advocate
BROWN.GLADYS.T.
Digitally signed by
BROWN.GLADYS.T
Date: 2022.11.18 17:06:18 -05'00'
SEBOLD.ROBERT
.E.
Digitally signed by
SEBOLD.ROBERT.E
Date: 2022.11.21 10:56:40 -05'00'
MAUPIN.YOLAN
DA.C.
Digitally signed by
MAUPIN.YOLANDA.C.
Date: 2022.11.21 12:56:26 -05'00'
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