JA6.3021SPE7LX21R0111.pdf

SPE7LX-21-R-0111

Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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:

The subject solicitation is for a Single-NSN 5-year IQC successor project to SPE7L321D60HC expiring 11/2021 for DLA Land & Maritime SuperKID NSN 1090-01-563-5473 Firing Device, Aux) with an ADQ of 681. This item is a firing mechanism utilized by the US Military on the M320A1 Grenade Launcher (BUA). The AMC/AMSC is 3/D with estimated values as shown below.

ICP: DLA Land & Maritime

ESTIMATED ADV:

ESTIMATED TOTAL VALUE (3-Year+ 2 Options):

MAXIMUM CONTRACT VALUE:

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:

L3 Technologies (0B107) part# EGL-514-A1 is currently the only ESA approved material / source for the NSN listed in Section #3 above.

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

(x) AMC 3. Acquire, for the second or subsequent time, directly from the 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.

The NSN listed in Section #3 above is available only from the coded manufacturer L3 Technologies (0B107) under part# EGL-514-A1. L3 Technologies solely owns the technically data rights to this item. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. This class IX item was determined non-commercial by the Contracting Officer with no additional known manufacturing sources for this aircraft component. Thus, it is essential that the Government obtain only L3 part numbered items for these replacement parts to assure there is a configuration control; operability; and safety of the higher-level military assemblies these items are used as repair spares on the M320A1 Grenade Launcher (BUA).

DLA Land and Maritime SAPD Product Specialist reviewed the project NSN on 06/14/2021 and certified that the supporting data, including the AMC/AMSC codes and approved source, is complete and accurate. The SAPD Technical Certification is included as J&A Attachment #1.

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

(x) The acquisition will be synopsized on sam.gov for a period of 15 days prior to solicitation opening. At the completion of the synopsis period, this Request for Proposal will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS). All vendors may submit a proposal, which shall be considered by the agency.

(x) The item contained in this procurement is limited to approved code and part numbered items, award is not limited to the manufacturer, and dealers can also receive the award.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be PPI based price analysis including the analysis of other than cost or price data such as informal cost break-downs and/or material invoices with final negotiated pricing reviewed in comparison with recent past buy history.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted to beta.sam.gov on 05/26/2021 and closed 06/03/2021 with one (1) response from (8TQZ3) Mail Manufacturing, Inc (dba MMI) who expressed interest, but provided no quotes or additional details. MMI was provided with information on submitting an alternate offer and also will provide them with a copy of the solicitation when issued.

DLA Land and Maritime ZBB Branch had sent a formal market survey questionnaire and NSN spreadsheet to L3 Technologies (0B107) whom the Contracting Officer expects to respond to the solicitation as they have indicated they wish to participate and are the approved sole source.

Other market research efforts included Contracting Officer review of the purchase history, coordination with DLA Land and Maritime Small Business Office, and internet market research.

L3 Technologies (0B107) is a Londonderry, New Hampshire based manufacturing division of large international business L3 Harris Technologies. Contracts Coordinator returned a completed formal survey to DLA on 05/17/2021 with follow-up completed 06/16/2021 indicating the following key information.

i. L3 is interested in a long-term contract and currently holds IDC contract SPE7L321D60HC for this same NSN which expires on November 1, 2021.

ii. L3 considers this item to be a military exclusive item not stocked for sale to the general public.

iii. .

iv. Division of L3 Harris Technologies and this branch has approx. 850 employees v.

ix.

xvi.

Commercial Determination: L3 Technologies (0B107) responding to the market survey indicated to the Government that DLA approved part number EGL-514-A1 is not a commercial-off-the-shelf (COTS) item as it is used on military M320A1 Grenade Launchers (BUA) exclusively. A review of the COTS field in the material master for the project NSN is “No”, indicating that the technical community has made a non-commercial recommendation at some point for this NSN. The Contracting Officer searched the internet for the NSN using Google, resulting in showing only posted information of companies providing quote/biding services to the Government. No L3 Technologies online sales or catalog information was located on the internet.

Therefore, based on the information above, market research results, and a search of the part’s publicly available information via the Internet and GSA price lists, the Contracting Officer has determined that this NSN is not commercial and FAR Part 15 will be applied to this acquisition.

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. 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: L3 Technologies (0B107) and Mail Manufacturing, Inc (dba MMI) (8TQZ3).

11. The following actions are being taken to identify additional sources: The solicitation contains DLAD Procurement Notes L04 - Offers for Part Numbered Items and M06 - Evaluation of Offers for Part Numbered Items, which increases competition by permitting the consideration of alternate offers. If alternate offers or capability statements are provided in response to the synopsis, DLA will consider the offeror’s proposal for award after technical approval of the engineering support activity.

12. The Contracting Officer searched the previous awards listed in the contract history in Records Management in E-Procurement for previous Justifications for other than full and open competition (J&A) as required by Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.304, and was not able to locate any J&As as the procurements were all made below the Simplified Acquisition Threshold where J&As were not required. Therefore, applicable past J&A documents could not be included for the approving authority.

In accordance with DFARS PGI 206.304(a)(S-70)(i), the following planned actions to remove any barriers to competition have been completed:

In the past, DLA Land and Maritime has hosted Captains of Industries to bring in industry leaders for particular commodities or weapon systems to help decrease barriers for companies looking to become sources of supply.

A sources sought notice has been issued on beta.sam.gov for a minimum period of five business days.

Buyers continue to conduct market research to ascertain if changes have occurred in the marketplace that would enable items to become competitive.

Solicitations will be posted on www.Sam.gov The solicitation will include the provision entitled “Conditions for Evaluation and

Acceptance of Offers and Part Numbered Items” (currently Procurement Note L04) and “Evaluation of Offers for Part Number Items” (currently Procurement Note M06).

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 $750,000, this signature serves as the approval.

SCOTT D. KNOWLES Date Contracting Officer, ZBB

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is $693,879.04

__N/A________ ___________________________ MARY E. SHEARER Date DLA Land & Maritime - Competition Advocate

ATTACHMENTS:

1. TECHNICAL CERTIFICATION

KNOWLES.SCOT

T.D.1251897480

Digitally signed by

KNOWLES.SCOTT.D.1251897480

Date: 2021.06.25 15:35:00 -04'00'