SPE7L122R0019 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L122R0019

ORIGINAL

ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency – DLA Land and Maritime is the contracting activity.

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

3. The supplies required to meet the using activity’s needs are described as follows:

NSN NOMENCLATURE BASE

QTY / UI VALUE

OPTIONS % /

QTY

TOTAL VALUE

WITH OPTION

AMC /

AMSC QCC

1050-010552159 CONVEYOR ELEMENT AM 12,659/EA

50% /

6,330/EA 3/C CAA

End item, weapon system, or class of item: This solicitation is for a DLA Director Requirement PR0093637920.

Item noun name is “CONVEYOR ELEMENT AM” for the AIRCRAFT, FA-18, A-D, E/F, G (GROWLER).

Estimated total value (base quantity: 12,659EA):

Estimated total value (12,659EA + 50% option quantity: 6,330EA):

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1): Available from only one or a limited number of sources.

5. If restricted to only certain source(s) of supply, include source(s) and CAGE code:

General Dynamics-OTS, INC. (05606) P/N 201F943 is uniquely qualified because it is the only known source with the data or rights to the data necessary to manufacture this item.

The use of authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC):

AMC 3: Acquire, for the second or subsequent time, directly from the manufacturer.

AMSC C: This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

Product Specialist, , certified the following on 04/06/2022:

This item is an AMC/AMSC of 3/C. This item supports the AIRCRAFT, FA-18, A-D, E/F, G (GROWLER), IS a critical application item, and IS NOT a critical safety item. GENERAL DYNAMICS-OTS, INC. (05606) is the only source capable of making this item. The Government DOES HAVE the data or drawings for full and open competition. The drawing type is a source-controlled drawing, and the Engineering Support Activity (ESA) has only approved the contractors listed on the drawing; no other contractor can make this item. A contractor can submit a Source Approval Request (SAR) package to be added to the drawing as an approved source, but this item cannot go out under full and open competition at this time. There ARE NOT currently 339’s out to the ESA (Engineering Support Activity) and current information indicates that the item IS NOT commercial or commercial-of-a-type.

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

The acquisition will be synopsized for 15 days prior to the solicitation opening. At the completion of the synopsis period, the Purchase Request (PR) will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable:

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will be requested if the offeror’s proposal exceeds the $2M threshold for obtaining cost data, however, it is anticipated that this procurement will not exceed that threshold. Offerors may be requested to submit information other than cost or pricing data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources.

Procurement history:

The PO history shows multiple priors awarded.

Smart Number (PIIN) Source

Type Vendor

CAGE

Code

Vendor Name QTY Unit Net Price Curr Per Award Date Incoterms Prc Reas

SPE7L122P4463 A 05606 GENERAL DYNAMICS-OTS, INC. 174.00 EA 68.8200 USD 1 03/17/2022 E BG

SPE7M120FZ236P00001 A 05606 GENERAL DYNAMICS-OTS, INC 7,226.00 EA 39.2400 USD 1 05/13/2020 E BG

SPE7M119FAXX2P00001 A 05606 GENERAL DYNAMICS-OTS, INC 950.00 EA 59.4500 USD 1 09/27/2019 E BG

SPE7M119FAM9UP00001 A 05606 GENERAL DYNAMICS-OTS, INC 1,272.00 EA 59.4500 USD 1 05/24/2019 E BG

A sources sought notice was posted on SAM.gov from 04/06/2022 to 04/13/2022. No responses were received.

Market Survey [10 U.S.C. 2304(f)(3)(D)] A market survey was conducted on: 04/06/2022

Techniques used to conduct survey: SAM.gov and e-mail correspondence

Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity

Total number of vendors contacted: 3

APEX PINNACLE CORP. (0REY5)

GENERAL DYNAMICS-OTS, INC. (05606)

KIT PACK CO, INC. (30842)

Names of unresponsive vendors:

APEX PINNACLE CORP. (0REY5)

Names of vendors and summary of information from responses:

LARGE – Manufacturer Item IS NOT commercial

SMALL – Manufacturer Item IS NOT commercial

9. Commercial determination:

GENERAL DYNAMICS-OTS, INC. (05606) and KIT PACK CO, INC. (30842) stated on their market surveys that part number 201F943 is not a commercial item. No market surveys were returned from CAGE 0REY5. No vendors were able to provide any available published catalog price lists, schedules, or other forms of commercial pricing. The COTS field, generated by the Product Specialist, in the Product Master in SRM listed N or no. A Google search found no listing of sales to the private sector supporting the commerciality of this item. Product Specialist was consulted and after evaluation determined that part number 201F943 is not commercial. The Contracting Specialist determined that this item is non-commercial.

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

Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

11. A listing of sources, if any, indicating an interest in the acquisition is:

12. This item is subject to the following methods of locating additional sources:

Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items.

13. Previous Justification for Other than Full and Open Competition IS attached:

Procurement history reflects awards dating from 01/30/2013 to 03/17/2022. See Attachment for the most recent Request for Proposal’s redacted/unredacted J&A.

APPROVAL/CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

CONTRACTING OFFICER

I have reviewed and approved this justification:

COMPETITION ADVOCATE

APPROVAL REQUIREMENTS

Up to $750,000 Contracting Officer

$750,000 to $15,000,000 Competition Advocate

ATTACHMENT(S):

1. Previous J&A: SPE7L415R0205

2. Memorandum For Record Technical Data Supporting Certification

WHITING.MONICA.L

.1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2022.04.18 14:52:01 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.04.27 13:46:17 -04'00'