SPE7L324R0004 PR 7005151202 JA Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L324R0004

DLA Land & Maritime Justification for Other Than Full & Open Competition (FEB 2017)

[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 basis.

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

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

LEVER,LOCK-RELEASE 5340-01-340-2004 77 EA base w/ 100% option

D

Estimated Base Value: $ Estimated Max Value: $ Identify end item, weapon system, or class of item: This item is used on the CXN, CTF, EPN Aircraft, Osprey

V-22 and EAN, 41N, CFN Helicopter CH-53 manufactured by BREEZE-EASTERN LLC 08484 P/N 15003-1.

IAW DFARS PGI 6.3, the previous J&A must be attached. (See Attachment 1)

4. The statutory authority permitting other than full and open competition is: [X] 10 USC 3204(a)(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: BREEZE-EASTERN LLC 08484 P/N

15003-1

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC 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.

On 12/27/2023 the buyer received confirmation from the product specialist that the AMC/AMSC of 3/D is accurate. The approved source is BREEZE-EASTERN LLC 08484 P/N 15003-1. Per the Product Specialist, this is the only known source that possesses the technical data for the manufacturing of this item, thus, demonstrating that BREEZE-EASTERN LLC 08484 has the unique design capability, engineering skills, and manufacturing knowledge for this NSN. The Engineering Support Activity (ESA) responded with: “The Navy has determined that the subject item is a Critical Application Item (CAI). NAVSUP has reviewed the prior response from the Navy FST V-22 & H53 engineers and although technically they have provided approval of an initial Reverse Engineering (RE) effort this may be ill advised........ NAVSUP has determined the TDP for P/N: 15003-1 is limited rights rendering it unusable in a DLA RE effort. DLA would have to conduct an RE effort from a sample part and without using the limited

Controlled by: DLA Land and Maritime Controlled by: FL CUI Category: PROCURE Limited Distribution Control: FED ONLY POC: jon.mitchell@dla.mil

SOLICITATION SPE7L324R0004

DLA Land & Maritime Justification for Other Than Full & Open Competition (FEB 2017) rights data. The next higher assembly drawing 65861-04179 is owned by Sikorsky and is a SOURCE CONTROLLED DRAWING item. The only source called out is Breeze Eastern and if DLA were to develop a new TDP, Breeze Eastern may decide to discontinue providing the NHA source controlled part.” Product Specialist certified the above information is correct as of 02/06/2024 (See Attachment 2).

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

The acquisition will be synopsized on or about 02/15/2024 for 15 days on SAM.gov and will be on the DLA

Internet Bid Board (DIBBS) for 30 days.

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

The most recent buy for this NSN was on 10/03/2023. PO# SPE7L124C0001 was awarded to TRIMAN

INDUSTRIES INC 0ZBE8 for 66 EA at $11,057.80 each. The contract action was coded BZ. The HCA determined that it is in the best interest of the government to make the award, PRC code ‘BZ- Best Interest Of The Government’ was utilized.

This is a DLA direct item. The estimated price of the solicited maximum quantity of 77 each is expected exceed $750,000. If the contract value exceeds $750,000.00, a subcontracting plan will be required.

In order to determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve and PPI. If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office.

Negotiation procedures may be used pending price analysis results and competition.

Length of contract: This solicitation is for a firm-fixed price, definite quantity contract and will include a quantity option. The length of the contract will be determined by the awarded delivery. Delivery is estimated at 270 days, which is based on market research.

Quantity: 77 each.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10USC 3204 (c)(2)(D)]:

Market Surveys were sent to Triman Industries Inc. (0ZBE8), WOODWARD, INC. (66503) and MCI

SOLUTIONS INC. (56B94). Records Management was reviewed for any other possible sources. A Sources Sought was posted on 02/07/2024 and closed on 02/14/2024. No responses to the Sources Sought were received.

Total number of vendors contacted: 3

Names of vendors contacted and responding: Triman Industries Inc. (0ZBE8) responded.

Techniques used to conduct survey: The market survey was sent via email.

Types of information requested:

Information requested included: business size, commerciality, preference for submissions of offers through distributors/dealers or directly to the government, source of supply, catalogue price, is the item in inventory, willingness to quote the item, economical production quantities, their price break ranges, delivery, and if they are registered in SAM.

Summary of information received:

Triman Industries Inc. (0ZBE8) responded that they intended to quote this requirement.

Triman is a large business.

Triman was unsure if this item is commercial.

SOLICITATION SPE7L324R0004

DLA Land & Maritime Justification for Other Than Full & Open Competition (FEB 2017)

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

The COTS field in SRM is blank. Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Therefore, the Contracting Officer determines this item to be non-commercial and the solicitation shall be issued pursuant to FAR Part 15 procedures. Synopsis will state that based upon market research, the Government is not using the policies contained in FAR Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

Procurement History:

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.

10. A listing of sources, if any, indicating an interest in the acquisition is: Triman Industries Inc. (0ZBE8)

11. The following actions are being taken to identify additional sources:

This solicitation will contain Conditions for Evaluation and Acceptance of Offers for Part Numbered Items, Procurement note L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

Smart Number (PIIN) Source CAGE Vendor Name Quan Unit Price Date PRC

SPE7L124C0001 A 0ZBE8 TRIMAN INDUSTRIES INC 66 EA 11,057.80$ 10/3/2023 BZ

SPE7L122P7299P00001 A 0ZBE8 TRIMAN INDUSTRIES INC 11 EA 9,911.00$ 9/20/2022 BZ

SPE7L122P1700 A 0ZBE8 TRIMAN INDUSTRIES INC 67 EA 9,911.00$ 1/27/2022 BZ

SPE5EK21C0006P00001 A 0ZBE8 TRIMAN INDUSTRIES INC 50 EA 9,262.40$ 4/23/2021 BJ

SPE5EK21P1059 A 0ZBE8 TRIMAN INDUSTRIES INC 20 EA 9,262.50$ 3/9/2021 BJ

SPE5EK21P0870 B 1S5X8 CRESTWOOD TECHNOLO 12 EA 8,468.54$ 2/4/2021 BJ

SPE5EK21P0545 A 0ZBE8 TRIMAN INDUSTRIES INC 17 EA 9,262.50$ 12/8/2020 BG

SPE5EK21C0004 A 0ZBE8 TRIMAN INDUSTRIES INC 68 EA 9,262.50$ 10/26/2020 BI

SPE5EK19V4813 B 0ZBE8 TRIMAN INDUSTRIES INC 18 EA 8,499.00$ 6/3/2019 BG

SPE5EK19P0481 B 0ZBE8 TRIMAN INDUSTRIES INC 25 EA 8,299.00$ 12/8/2018 BG

SPE5EK18P1778 B 0ZBE8 TRIMAN INDUSTRIES INC 30 EA 7,958.00$ 5/30/2018 BG

SPE5EK18P0982P00001 B 0ZBE8 TRIMAN INDUSTRIES INC 38 EA 7,958.00$ 2/27/2018 BI

SPE5EK17P0860 B 0ZBE8 TRIMAN INDUSTRIES INC 60 EA 7,012.75$ 3/7/2017 BB

SPE5EK16M2045 B 0ZBE8 TRIMAN INDUSTRIES INC 65 EA 8,499.00$ 9/23/2016 BI

SPE5EK15M1913 B 0ZBE8 TRIMAN INDUSTRIES INC 57 EA 5,599.00$ 7/30/2015 BI

SPE5EK14M0841 B 0ZBE8 TRIMAN INDUSTRIES INC 80 EA 5,051.50$ 6/19/2014 BI

SPM5E713M1110 B 08484 BREEZE-EASTERN LLC 30 EA 4,140.00$ 12/13/2012 BI

SPM5EJ12C0001P00001 B 08484 BREEZE-EASTERN LLC 135 EA 3,753.00$ 5/29/2012 BG

SPM7L311M4627 B 08484 BREEZE-EASTERN LLC 21 EA 4,021.00$ 3/17/2011 BG

SPM5L211M0649 B 08484 BREEZE-EASTERN LLC 20 EA 4,021.00$ 1/28/2011 BG

SPM5L210M2504 B 08484 BREEZE-EASTERN LLC 20 EA 4,021.00$ 8/25/2010 BG

SPM5L210M1142 A 08484 BREEZE-EASTERN LLC 20 EA 4,021.00$ 3/18/2010 BG

SOLICITATION SPE7L324R0004

DLA Land & Maritime Justification for Other Than Full & Open Competition (FEB 2017)

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

Jon Mitchell, Contracting Officer Date

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X] $750,000 to $15,000,000 Competition Advocate

ATTACHMENT:

Attachment 1: SPE7L123R0017 PR 7000535687 JA Attachment 2: Product Specialist Certification

2/21/24

2/21/24

MITCHELL.JON.F.10

79628979

Digitally signed by

MITCHELL.JON.F.1079628979

Date: 2024.02.21 08:16:57 -05'00'

WIEBUSCH.JAMIE.1

251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.02.21 08:48:24 -05'00'