S53-JA-SPE4A7-23-R-0653-Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I.Agency: DEFENSE LOGISTICS Contracting Activity: _D_L_A_A_VIA __ T_IO_N_-F_AZ_ c __________ _

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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 are described as follows:

BRIEF DESCRIPTION

CARGO RELEASE, PARACHUTE (AMSC "3P")

CARGO RELEASE, PARACHUTE (AMSC "3C")

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

This acquisition:

NSNIPN

1670-01-310-2875 1670-01-337-4366

QUANTITY

MIN=25/20

EAD=l00/80

ESTIMATED VALUE

MAXANNUA!rl 50/I00 BASE +! Ol'TIONYEAR

4. T fpe ! f Contract ( may include number of base years) INDEFINITE QUANTITY CONTRACT WITH A BASE + (1) ONE-YEAR OPTION PERIOD will not include an option.

[Z] will include a _____ % option for increased quantity. Total estimated dollar value of option quantity is$ _____ _ will include an option to extend the tenn of the contract for a period of_1_2 ___ .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 statutory authority pennitting other than full and open competition is 10 U.S. C. 3204( a)( 1) - Available from only one or limited number of sources.

6. Effo1ts to improve DoD Competition in accordance with DFARS 206.303-2:

I ✓ IA sources sought notice or Request for Infonnation (RFI) in accordance with DFARS PGI 206.302-l(d) was posted in Contract Oppo1tunities on 23 MAY 2023 . Results of the sources sought notice/RPI resulted in the following:

RESULTED IN NO RESPONSES.

D A mass sources sought notice which included NSN(s) _______________________ _ was posted to Contract Opportunities on. _______ . Date must be most cmTent Contract Oppo1tunities posting (i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RPI 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) are:

A VN Form S53, JAN 2023 CUI

CONTROLLED BY: (AGENCY)

CONTROLLED BY:

CUI CATEGORY:

DISTRIBUTION/DISSEMINATION

CONTROL:

POC: 1

CAGE COMPANY NAME

52497 FXC CORPORATION

The use of authority 10 U.S.C. 3204(a)( l) is based on:

B AMCl .

AMC2.

IZ) AMC3.

□ AMC4.

0 AMC5.

□AMSCA.

□ AMSCB.

[Z] AMscc.

□AMSCD.

□AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

ll] 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 part.

The data needed to acquire this pa1t is not economically available.

The Government does not have sufficient, accurate, or legible data to purchase this pa1t from other than the cwTent source. This code is under review and will be updated when the review iscomplete.

This pa1t must be produced from class 1 castings under MIL-STD-2175 .

The annual buy value of this pa1t falls below the screening threshold established by DoD.

Manufacture of this part requires use of master or coordinated tooling.

Manufacture of this pa1t 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 pw·chased, 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 the data needed to pw·chase this part from another source. It is not economical to procure the data or rights to the data.

Acquisition ofthis item is restricted to Government approved sow·ce(s) because the item involves military sensitive technology.

The cost to the Government to breakout this pa1t and acquire it competitively has been determined to exceed the projected savings over the life span of the pa1t .

This part has been designated a high reliability part. Probability of failw·e would be unacceptable. The engineering activity has detennined that data to define and control reliability limits cannot be obtained.

The design of this pa1t is unstable. Engineering, manufacturing, or perfonnance characteristics indicate that the required design objectives have not been achieved.

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

NOTE: A technical certification is required for acquisitions over $15 million

A VN Form S53, JAN 2023 CUI

8. Effo11s to ensure that offers are solicited from as many sources as practicable are:

l✓ I The acquisition will be synopsized onor about 31 MAY 2023 and any fum requesting a solicitation copy will be provided one. D A synopsis exception cited in FAR 5.202 applies: (Explain) _______________________ _

IZ]

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

Dealers of the manufacturers will be solicited.

Other: (Explain) SOURCES SOUGHT WAS SYNOPSIZED ON 23 MAY 2023 WHICH RESULTED IN NO RESPONSES.

9. I hereby detennine that the anticipated cost to the Government will be fair and reasonable. (Explain) THE PRICES WILL BE DETERMINED

FAIR AND REASONABLE THROUGH NEGOTIATIONS. COST AND PRICING DATA MAY BE REQUIRED IF THE TINA THRESHOLD IS EXCEEDED

AND ONLY ONE OFFER WAS RECEIVED.

10. A market survey as defuted by FAR 10:

I✓ I was conducted, and fu1US indicating an interest in the acquisition will be solicited. Market research effo1ts, include:

MARKET REASEAARCH INCLUDING SEARCHING FOR SIMILIAR MANUFACTURING THAT HA VE THE CAPABILITY TO PRODUCE

THE PARACHUTE CARGO RELEASE. THERE APPEARS TO BE NO PRODUCERS OF SIMILIAR ITEMS IN THE COMMERCIAL MARKET PLACE.

□ was not conducted due to: ----------------------------------

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

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 derived: -----------------------------------------

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 unacceptable delays: ________________________ _

Other:------------------------------------------

12. A listing of somces, if any, indicating an interest in v.•riting in the acquisition are: (if none, state none)

CAGE

52497

COMPANY NAME

FXC CORPORATION

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain) PLANNED ACTION TO OVERCOME BARRIERS IS TO CREA TE A SYNOPSIS THAT WILL BE POSTED SO OTHER MANUFACTURERS

THAT ARE INTERESTED CAN SUBMIT SOURCE APPROVAL PACKAGES FOR DLA A VIA TIONS'S CONSIDERATION IA WAL TERNA TE OFFER FOR PROVISIONS

PROCUREMENT NOTES (M06/L04).

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION - FAR 6.304

O notexceeding $750,000 . ... ........ ...................... ...................... . Contracting Officer [ZJ 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 form 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 A via ti on has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to

10 U.S.C. 3204(a)(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 SI S 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.

JULINE TENORIO, CON1RACI1NG omCER., FAZC

Name and Title

TENORIO.JULIN- o;s;i.1y signE<fby

TENORIO.JULINE--

- Oate: 2023.06.10 ~ 0'

Signature

COMPETITION ADVOCATE- FAR 6.304(a)(2)

--- 10JUNE2023

Phone Date

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 Maupin - Competition Advocate

Name and Title

MAUPINYOLANDAC. ~JN.~~c-1 0ate;2023.06.1608:~

Signature

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

--- 6.16.23 Phone Date

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

Name and Title Signature Phone Date