SPE7L419R0061_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-19-R-0061

[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, Cluster 3020-01-164-3970 13 EA C

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

AH-64-D LONGBOW

ESTIMATED BASE VALUE $

ESTIMATED TOTAL VALUE (BASE+ OPTION) N/A

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 sources:

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

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

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.

Per telecom on 30 May 2019, the Product Specialist confirmed that the only approved sources for this item are . They are the only sources that possess the technical data required to manufacture this item. Per Product Specialist, ESA states the

AMC/AMSC of 1C is correct. The Government does not own the technical data for this item and cannot obtain the technical data economically.

Product Specialist was contacted via telecom on 09 July 2019 concerning whether or not the Government has drawings for this item. Per Product Specialist, the drawings are source-controlled and inadequate to permit full and open competition.

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

[X] 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).

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies.

[X] Other. Sources sought FedBizOps on 03 May 2019 with a response date of 10 May 2019. 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 it is anticipated that the award will be determined fair and reasonable. Solicitation is for a firm fixed price contract. Past order was determined fair and reasonable based on dealer and manufacturer competition. 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 06 May 2019 to Boeing (8V613), Timken Aerospace (15152), and Lynn

Electronics (19151). No responses were received. Market Survey was sent via email on 10 July 2019 to

Heligear Acq (22907) with a response date of 12 July 2019. No response was received from Heligear Acq.

A sources sought notification was posted on FedBizOps on 03 May 2019 with a response date of 10 May 2019. No responses were received..

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

Previous acquisitions were solicited as Unrestricted under FAR Part 15. Based on review of past history, quotes from two small offers offering the product of at least two small domestic manufacturers are not expected.

ALT is 121 days

MM03 Data 1 shows PLT of record is 165 days. Based on review of past acquisitions, and taking into consideration the quantity variance, the required delivery will be 13 each in 190 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 sources:

Timken Aerospace (15152) Boeing Co (8V613) Heligear Acq (22907)

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.

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

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 with three approved sources. ESA approval is required to add/delete 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:

None

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. Previous acquisitions have been small purchases. No previous J&A exists.

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.

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.

______05/31/2019_____________________

Georgia Shirey Date

Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer