SPE7LX22R0069 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-22-R-0069

PROJECT # CL22066001

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

CUI

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

HELITUNE, INC. (3KKA6) P/N 386020

The use of the authority cited below:

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

[ 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.

Per the Approved Manufacturer Parts List available for this NSN, only HELITUNE, INC. (3KKA6) PN 386020 has been identified by the Government as having the complete technical data set to supply this NSN to DLA and the using military service. As such, acquisition from the currently approved source is required. Product Specialist, conducted the last technical review of this item on March 08, 2022. No additional sources beyond those listed in the AMPL were identified and the AMC/AMSC of 3D was verified as correct. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government.

Currently, there are no 339's generated to the ESA for this material. Based on technical review, only the approved source has the technical data to successfully manufacture this item for the Government and using military service.

The Product Specialist certified the information provided to the Contracting Officer in a memorandum for record as accurate and complete. Memo for record is attached. (See Attachment #1)

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

[ x ] A sources sought was posted to Sam.Gov between April 7, 2022 – April 13, 2022 with a market research request form attached, but no responses were received to date.

[ x ] The acquisition will be synopsized on or about June 3, 2022 for 15 days prior to the solicitation opening.

[ x ] At the completion of the synopsis period, the Request for Proposal will be posted on DIBBS for a period of 30 days to allow any offeror the opportunity to submit a Proposal for the product of HELITUNE, INC. (3KKA6) P/N 386020

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

Past procurement history will be reviewed, and a PPI price analysis will be performed.

Contracting Officer may request the submission of uncertified cost or pricing data to support prices proposed. Additionally, discussions may be held with offerors, if needed, to determine price fair and reasonable.

The DLA Land and Maritime Contracting Pricing Support Office maybe utilized for pricing reasonableness assistance.

Multiple/Split awards will not be considered, as this item is being procured on an All or None basis.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the

Government will be fair and reasonable

PROJECT # CL22066001

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

CUI

Approval source, HELITUNE, INC. (3KKA6), claimed the item as commercial during market research. The buyer researched past procurements for commercial determinations. Current LTC contract provided documentation on a previous commercial item review. The Documentation stated:

the procurement can be awarded using commercial procedures. The commerciality determination request was reviewed by the AED from an engineering and airworthiness viewpoint and disapproved due to absence of relevant documentation from Helitune Engineering Rotortuner Solutions.”

The current LTC was awarded under FAR Part 15 procedures and accepted by HELITUNE, INC. (3KKA6). The current procurement is estimated under the TINA threshold and HELITUNE, INC. (3KKA6) has stated a FAR Part 15 contract is again acceptable.

Therefore, the Contracting Officer determines this item to be non-commercial. The Government is not utilizing FAR Part 12 procedures. 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.

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: (If none, so state)

CAGE 3KKA6 - HELITUNE, INC.

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

Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

12. 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. The buyer researched Records Management for previous J&A of LTCs SPRRA117D0266 and SPE7M118D0006, but one could not be located. All other procurements were below the simplified acquisition threshold.

PROJECT # CL22066001

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

CUI

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

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] UP TO $750,000 Contracting Officer [X] $750,000 to $15,000,000 Competition Advocate

ATTACHMENTS:

1. TECHNICAL ITEM REVIEW

BARROWMAN.ALI

CIA.A.1368987251

Digitally signed by

BARROWMAN.ALICIA.A.136898

Date: 2022.06.06 14:49:22 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.07.28 10:45:33 -04'00'