SPE7L418R0192_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-18-R-0192

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

[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/P/N QUANTITY EST. VALUE AMSC

Mount, Armament Subs 1090-01-598-4384 15 each D

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

No Weapon System listed

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTIONS): N / A

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

10 U.S.C. 2304(c) (l) - 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: Dillon Aero Inc. (1PN61)

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

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

The use of the authority cited is based on:

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.

Per telecom on 09/18//2018, the Product Specialist confirmed that the only approved source for this item is Dillon Aero Inc. (1PN61). They are 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, ESA states the AMC/AMSC of 3D is correct. The Government does not own the technical data for this item and cannot obtain the technical data economically.

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

Dealers of the manufacturer will be solicited.

Other. A sources sought notice was posted on FedBizOps on 18 September 2018 with a response date of 25 September 2018. No inquiries/responses were received.

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

• The solicitation is being issued as a non-commercial firm fixed price for a quantity of 15 each. P ast history does not exist for this item. Other than cost and pricing data will be obtained if necessary.

T he Contracting Officer anticipates the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition: Market Survey Questionnaire was sent via e-mail on 18

September 2018 to Dillon Aero (1PN61). There are no other known sources for this item and no known authorized dealers. Response from Dillon Aero is shown below:

Dillon Aero (1PN61):

• Quoting as small business manufacturer.

• Deals directly with the Government

• Item is not a commercial item

Sources Sought Notice: NSN 1090-01-598-4384 is a sole source code and P/N buy. A sources sought notification was posted on 18 September 2018 with a response date of 25 September 2018. No inquiries/responses were received.

The Contracting Officer has performed Market Research to determine ALT, PLT, set-aside concerns, and commerciality. See below results:

Solicitation will be issued as Unrestricted under FAR Part 15. Dillon Aero (1PN61) is the only known approved source of supply for this item. Quotes from two small offers offering the product of at least two small independent manufacturers is not expected.

ALT is 95 days MM03 Data 1 shows PLT of record is 204 days. Based on Market Survey results, the required delivery will be 270 days.

The contracting officer reviewed this NSN and has determined this item is not a commercial item;

therefore, FAR Part 12 procedure will not be utilized. This item will be solicited under FAR Part

15. The following factors have led to this conclusion:

• The Commercial off the shelf (COS) field in the CTDF (EBS transaction MM03) is “Blank” and there are no statements regarding commerciality (See Tab 1 of Main File).

• Review of Material Master indicates that this item is a Code/PN item supplied by the following approved source:

Dillon Aero (1PN61)

• Review of the Internet does not show evidence that this item is available on the commercial market.

• Per FAR 12.205, a review of the item population shows that for the items being procured under this initiative, there is not generally product literature available in the industry to determine its adequacy for purposes of evaluation.

• Market Survey response received from Dillon Aero (OEM), states item is not a commercial item and is not a catalog/price listed item.

• Based on the aforementioned information the Contracting Officer has determined that this item is not a commercial item.

The following statement will be included in the synopsis, “Based upon market research, the

Government is not using the policies contained in Part 12, in its solicitation for the described supplies. 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.

9. 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.

• Item is a code and part number item and Dillon Aero is the only approved source for this NSN with the technical data needed to manufacture this item. ESA approval is required to add/delete sources. The data presently available reflects the minimum needs of the Government.

• 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. This is a First Time Buy (FTB). No previous J&A exists.

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

Dillon Aero (1PN61)

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.

__ __ ____09/24/2018__________________

Georgia Shirey Date Contracting Officer

[ X ] Up to $700,000 Contracting Officer