SPE4A724R0125_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I.Agency: DEFENSE LOGISTICS AGENCY ContractingActivity: AVIATION - RICHMOND, VA

Document Identification Number:_IQ_C_ IO_OOI_7_74_6_o _____ SolicitationNumber: _S_P_E4_A_7_-2_4-_R_-O_I2~5=-----------l ✓ I FAR Pait 15 □ FAR Pait 12 □ FAR Pait 13.5

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 ai·e described as follows:

BRIEF DESCRIPTION

DUCT, HEAT EXCHANGER

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

This acquisition:

NSN/PN

I 560-00-83 I -6832

QUANTITY

I2(EAQ)

4. TY.peofContract(mayinclude numberofbase years) IQC - BASE PERIOD OF 5 YEARS WITH ZERO OPTIONS

[ZJ will not include an option.

ESTIMATED VALUE

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. ____ .months, exercisable in increments of

___ months. Total estimated dollai· value of all option periodsis $ . The maximum dollar value of all option periods is $. _____ _

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

5. The statutory authoritypennitt.ing other than full and open competition is 10 U.S.C. 3204(a)(l) - Ava.ilable from only one or limited number of sow-ces.

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

I ✓ IA sources sought notice or Request for Information (RFI) in accordance with DFARS PGI 206.302-l (d) was posted in Contract Oppo1tunities on l0/l9/2023 . Results of the sow-ces sought notice/RF! resulted in the following:

NO CONTRACTORS RESPONDED TO THE NOTICE.

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

D A waiver of sow-ces sought notice/RF! was approved by the HCA or designee on. _________ and is hereby attached.

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

Sow-ce(s) ai·e:

A VN Form S53, JAN 2023 CUI

CONTROLLED BY: (AGENCY)

CONTROLLED BY:

CUI CATEGORY:

DISTRIBUTION/DISSEMINATION

CONTROL:

POC 1

CAGE COMPANY NAME

70628 ARROWHEAD PRODUCTS CORPORATION

98769 SENIOR OPERATIONS LLC

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

r7l AMC 1.

□ AMC 2.

0 AMC3.

□ AMC4.

0 AMC5.

□AMSCA.

l ✓ I AMSCB.

□AMSCC.

□ AMSCD.

□ AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□ AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSC U.

□ 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 Govenunent'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 pait is not economically available.

The Govemment does not have sufficient, accurate, or legible data to purchase this pa1t from other than the cmrent som·ce. This code is under review and will be updated when the review is complete.

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

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

Manufacture of this pa1t requires use of master or coordinated tooling.

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

The rights to use the data needed to purchase this pait from additional source(s) ai·e not owned by the Govemment and cannot be purchased, developed, or otherwise obtained.

The Govemment 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 Govemment does not own the data or rights to the data needed to purchase this pait from another source. It is not economical to procm·e the data or rights to the data.

Acquisition ofthis item is restricted to Govemment approved source(s) because the item involves military sensitive technology.

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

This pait has been designated a high reliability part. Probability of failure 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

AVN Form S53, JAN 2023 CUI

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

J ✓ I The acquisition will be synopsized on or about OCTOBER 26, 2023 and any finn requesting a solicitation copy will be provided one. D A synopsis exception cited in FAR 5.202 applies: (Explain) _______________________ _

[Z]

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

Dealers of the manufacturers will be solicited.

Other: (Explain) A SOURCES SOUGHT NOTICE WAS POSTED IN CONTRACT OPPORTUNITIES ON OCTOBER 19, 2023. NO VENDORS RESPONDED.

9. I hereby detennine that the anticipated cost to the Government will be fair and reasonable. (Explain) The Acquisition Specialist anticipates that the prices received in response to the solicitation will be determined fair and reasonable based on the previous procurement history were determined fair and reasonable.

A range of techniques may be used to determine the price fair and reasonable.

10. A market survey as defined by FAR 10:

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

IN ORDER TO INCREASE COMPETITION, A SOURCES SOUGHT NOTICE WAS POSTED IN CONTRACT OPPORTUNITIES TO NOTIFY VENDORS

OF THE OPPORTUNITY. NO VENDORS RESPONDED.

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

11. Additional facts suppo1t ing other than full and open competition are:

[Z]

Based upon the technical ce1tification on file, technical data is not available and cannot be developed to pennit full and open competition. The data. presently available reflects the 1ninimum needs of the Government.

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 Government 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:----------------------------------------

AVNForm S53, JAN 2023 CUI

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

CAGE COMPANY NAME

NONE

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain) THE SOLICITATION WILL INCLUDE PROCUREMENT NOTE L22 (RESTRICTION OF ALTERNATE OFFERS) AS ITEM IS SOURCE CONTROL.

J&A IN HISTORY HAS BEEN REVIEWED.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION - FAR 6.304

[Z]notexceeding $750,000 ... ... ...... .......... ....... ...... ... ........ ......... .. Contracting Officer Dover $750,000 not exceeding _$15,000,000 . .. ...... ........ .......... Competition Advo~ate . .

D over $15,000,000 notexceedmg $100,000,000 ... ...... ........ ...... Head ofContractmg 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 Aviation 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 $15 million, signature of the A'l<iation Deputy Chief Counsel is 1·equired 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.

Noraida Maldonado, KO Name and Title

MALDONADO

OTERO.NORAIDA

Signature

COMPETITION ADVOCATE - FAR 6.304(a)(2)

0~~-~~·~1~rwszm· -a!e: 2023.11.07 11 :09:30 •05'00' lln/2023

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.

Name and Title Signature Phone Date

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3) The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $! 5 million, but not exceeding$ I 00 million.

Name and Title Signature Phone Date

AVNForm S53, JAN 2023 CUI