SPE7L318R0071_-_reviewed_Redacted.pdf

DEFENSE LOGISTICS AGENCY

LAND AND MARITIME

P.O. BOX 3990

COLUMBUS, OHIO 43218-3990

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L318R0071

[X] 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.

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

Brief Description NSN Annual Demand Quantity

(ADQ) Annual Demand Value (ADV) AMC AMSC

HOSE,AIR DUCT,AIR B 4720-01-440-4277 4450 3 D

MICROPHONE ELEMENT 5965-01-469-9770 2965 3 D

Annual Demand Value:

Estimated 3 Year Base Value:

Estimated Total Value (Base + Options):

Maximum Contract Value:

The proposed action is for the solicitation and award of a successor long term contract SPE7MX-16-D- 0117. The Government intends to award a five-year Firm-Fixed Price Indefinite Quantity type contract. The five-year period is inclusive of one three-year base period and two separately priced one-year option periods. The three-year estimated base value is In addition, the base and two one-year option periods estimated value is $ The contract maximum is

Identify end item, weapon system, or class of item:

NSN 4720-01-440-4277 (Hose, Air Duct, Air Breathing) has a Weapon System Designator Code (WSDC) of 45N (AIRCRAFT, PROWLER EA-6B). NSN 5965-01-469-9770 (Microphone Element) has a WSDC of 97F (SUPPORT EQUIPMENT, C-130 AIRCRAFT).

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

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

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

The only approved source for these items are:

CLIN NSN Item Name Unit of

Measure Approved CAGE Company Name Approved Part Number

0001 4720-01-440-4277 HOSE,AIR DUCT,AIR B PG 60240 GENTEX CORPORATION G010-1025-01

0002 5965-01-469-9770

MICROPHONE

ELEMENT EA 60240 GENTEX CORPORATION G030-1080-02

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

The use of the authority cited above:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[X] AMC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

Gentex is the only entity known to possess the requisite technical data and/or rights to that data.

Because Gentex is the only source that possess the complete technical data for the items listed, they are the only source uniquely qualified to manufacture these items, therefore, this acquisition will be solicited for other than full and open competition under the authority of 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1.

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

On August 30, 2017, the Government posted a Sources Sought on www.fbo.gov, which contained an attached market survey. Responses were requested by September 6, 2017. As of March 14, 2018, only the approved source submitted a completed survey.

The Government will solicit under the authority of FAR Part 15- Contracting by Negotiation. A synopsis posting to FedBizOps will occur on or about 5/18/2018 and will run for a period of 14 days. The solicitation will open on or about 5/31/2018 on the DLA Internet Bid Board System

(DIBBS).

The solicitation will provide that alternate offerors should submit a source approval request (SAR) package that will be forwarded to the engineering support activity (ESA). Additionally, the solicitation will include Procurement Note M06, which provides that offers of alternate product will not be evaluated for the contract action if the time proposed for award does not permit evaluation and delay of award would adversely affect the Government. If such alternate offers are not evaluated for this contract action, the request will be forwarded to the ESA for evaluation for technical acceptability for future procurements.

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

The proposed action will be for up to a five-year firm-fixed price Indefinite Quantity Contract.

The five-year period is inclusive of a three-year base period and two one-year options. Certified Cost and Pricing Data will be required as the total value of this acquisition is over the $750,000.00 threshold and none of the exceptions found at FAR 15.403-1(b) are applicable.

Past Performance will be reviewed and price analysis will be performed. Negotiations will be conducted if necessary to ensure reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

Adequate price competition is not expected.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

8. Market Research/Efforts to Obtain Competition:

Sources Sought Notice was posted to FedBizOpps, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for these items. The Sources Sought Notice was posted on 8/30/17, with a response date of 9/6/17. No response was received.

Market Survey [10 U.S.C. 2304(f) (3) (D)]:

[X] A market survey was conducted on/during 8/30/17

Total number of vendors contacted: 1 Names of vendors contacted and responding: Gentex Corporation (60240).

Techniques used to conduct survey: The market survey was conducted by e-mail.

Types of Information Requested: The market survey requested the vendor to provide information including business type, business size, interest in LTC and length of contract, commerciality of the item and supporting documentation, approximate price and delivery, inspection and packaging compliance, foreign or domestically manufactured, and ability to provide Certified Cost & Price data.

Summary of information received:

The only response received was from Gentex Corporation (60240) on 9/5/17. The vendor’s survey yielded the following information: Gentex is a large business manufacturer with approximately 103 employees at CAGE 60240. Gentex has a parent company (Gentex Corporation) with approximately 829 employees in total.

Gentex is interested in pursuing an LTC for these NSNs

Gentex fully understands the requirements for certified cost or pricing data and has provided this data to DLA previously most recently on contracts SPE4AX-17-D-9402 and SPE7MX-16- D-0117. These items are not commercial.

Information received regarding the commerciality of the item(s):

Gentex stated that these items are not commercial. The buyer researched the material master, which indicated that these items are not commercial. A search of the approved part numbers on

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

GSA and google yielded no results. As this item does not meet the definition of a commercial item per FAR 2.101, it is determined to be non-commercial.

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

[X] 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. A technical and quality review was initiated by the SAPD Strategic Souring Specialist during the project development stage for this acquisition. During the review, the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified.

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

Gentex Corporation (60240)

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

[X] The solicitation contains the provision entitled Procurement Note M06, Evaluation of Offers for Part Numbered Items, and Procurement Note L04, Offers for Part Numbered Items.

[X] Other: A sources sought notice was posted to FedBizOpps on 8/30/17 with a response date of 9/6/2017. No responses were received.

[X] Other: Solicitation will be synopsized in FedBizOpps and will be available in DIBBs.

[X] DFARS PGI 206.304 required documentation for a non-competitive follow-on to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1. The previous J&A issued with solicitation SPE7MX-15-R-0122 is Attachment 1 with this document. The previous J&A states the Government does not possess or own the required technical data to complete the subject items. This circumstance has not changed with the items included in the current procurement. Therefore, no barriers from the past procurement were resolved.

Attachment:

1. J&A for solicitation SPE7MX-15-R-0122

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

_________________________________________ _5/23/18__________________ Michael Shirley Contracting Officer Date

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate – Mary E. Couture Phone Date

APPROVAL REQUIREMENTS

(X) $700,000 to $13,500,000 Competition Advocate

SHIRLEY.MICHAEL.L.

1230150806

Digitally signed by

SHIRLEY.MICHAEL.L.1230150806

Date: 2018.05.23 16:36:09 -04'00'

DDDate