SPE7L418R0153_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-18-R-0153

[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

Gear, Spur 3020-01-181-1286 176 each R

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

AIRCRAFT, F-16

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTION)

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

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

• This item is a Code/PN item supplied by the following approved source:

Hamilton Sundstrand Corporation (99167) P/N: 5007082 Unical Aviation Inc. (0UBE7) P/N: 5007082 (Approved dealer for Hamilton Sundstrand)

The use of the authority cited in other than 10. U.S.C. 2304(c)(l) above:

AMC 2. Suitable for competitive acquisition for the first time.

The use of the authority cited is based on:

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Per telecom on 26 April 2018, the Product Specialist confirmed that approved sources are Hamilton Sundstrand (99167) (Mfg) and Unical Aviation Inc. (0UBE7) approved supplier for Hamilton Sundstrand. Hamilton Sunstrand is the only source that possesses the technical data required to manufacture this item. The data is not owned by the Government and is proprietary to the OEM. Per Product Specialist, the AMC/AMSC of 2R is correct. The Government does not own the technical data for this item and cannot obtain the technical data economically.

5. 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 PR will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

Dealers of the manufacturers will be solicited.

Sources sought notification was posted on FedBizOps on 20 April 2018 with a response date of

27 April 2018. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: Past procurement history will be reviewed and a PPI analysis will be performed.

Based upon contract history, and information provided in the market survey, it is anticipated that the award will be determined fair and reasonable. Solicitation is for a firm fixed price contract.

Past orders was determined fair and reasonable based on Contracting officer’s determination that prices are fair and reasonable in accordance with FAR 13.106.3 or when 13.202(a)(3) applies (BY).

Other than cost and pricing data will be obtained if necessary. Based on review of past history, the Contracting Officer anticipates the cost to the Government will be fair and reasonable.

7. Market Survey was sent via e-mail on 20 April 2018 to Unical Defense Inc (7CNG1), Hamilton Sundstrand (73030), and Hamilton Sundstrand (99167). Response was received from Unical Defense Inc. as shown below:

UNICAL DEFENSE INC. (7CNG1):

• Small Business dealer

• States item is not a commercial item

A sources sought notification was posted on FedBizOps on 20 April 2018 with a response date of 27 April 2018. No responses were received.

The Contracting Officer has reviewed previous acquisition to determine ALT, PLT, set-aside concerns, and commerciality. See below results:

• Previous acquisitions have been solicited as Unrestricted under FAR Part 15. Hamilton Sundstrand Corporation is the only known approved source of supply for this item. Unical Aviation Inc (0UBE7) has been approved source as dealer for Hamilton Sundstrand. Based on review of past history, quotes from two small offers offering the product of at least two small manufacturers are not expected.

• ALT is 93 days

• MM03 Data 1 shows PLT of record is 690 days. Market Survey was sent via e-mail on 20 April

2018 to Unical Defense Inc (7CNG1), Hamilton Sundstrand (73030), and Hamilton Sundstrand

(99167). Response was received from Unical Defense. Response from Unical Defense stated an estimated delivery Contracting Officer has reviewed past procurements.

Government FAT is required for this NSN. Based on previous acquisitions, considering quantity variance and response to Market Survey, the required delivery will be 470 days with Government FAT requirement. Delivery will be 350 days with waiver of FAT.

8. 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. This is a code and part number buy and cage 99167 (mfg) and 0UBE7 (approved dealer) are the only approved sources. The data presently available reflects the minimum needs of the Government.

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

Unical Defense (7CNG1)

10. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. Contracting Officer has searched Records Management.

Previous J&A could not be located in Records Management.

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

• The solicitation contains the DLA Land and Maritime Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

• Requirement will be synopsized for 15 days and posted to DIBBS for a period of 30 days

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.

_ ______ _______04/30/2018_________________

Georgia Shirey Date Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer