JA- SPE7LX23RX043_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX23RX043

[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. This indefinite quantity contract (IQC) solicitation will be issued under FAR part 13.5 Simplified Procedures for Certain Commercial Items in accordance with 41 U.S.C. 1901 and shall be awarded as a firm-fixed price (FFP) Indefinite Delivery Purchase Order (IDPO), which includes a three-year base period with two one-year options.

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: See attachment #1 for list of NSNs and AMSC codes.

Identify end item, weapon system, or class of item: These NSNs are used on various Military Aircrafts and Helicopters.

ESTIMATED ANNUAL VALUE: $

ESTIMATED TOTAL VALUE (3 YR BASE + 2 ONE-YR OPTIONS):

MAXIMUM CONTRACT VALUE:

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

[X] 10 U.S.C. 3204(a)(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: See attachment #1 for CAGE and Part Numbers.

The use of the authority cited below:

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

[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.

For the NSNs identified by AMSC D in attachment #1, the Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. For these NSNs, only Aviation Devices (1NPE1) possesses the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

[X] AMSC L*. The annual buy value of this part falls below the screening threshold established by DoD components and field activities.

However, this part has been screened for additional known sources, resulting in either confirmation that the initial source exists or that other sources may supply the part. No additional screening was performed to identify the competitive or noncompetitive conditions that would result in assignment of a different AMSC. This code shall not be used when screening parts entering the inventory. This code shall be used only to replace AMSC O for parts under the established screening threshold. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

The approved source(s) listed for the items with an AMSC of L have been evaluated by the Military services’ Engineering Support Activity (ESA) and are currently the only source(s) known that are uniquely qualified to provide these items, see Attachment #1. For NSNs 5330015588615 and 5330016117905, Aviation Devices (1NPE1) is the only approved source. For NSN 5330016203191, Aviation Devices (1NPE1) and Rockwell Collins (0EFD0) are the approved sources listed for this NSN. Although there is more than one manufacturer’s part number cited in the item description for this NSN, the Government only expects one offer based on market research and procurement history.

[X] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. 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.

For NSN 5330016182051, the Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. Aviation Devices (1NPE1) is the only source known to own or possess the technical data necessary to manufacture this item.

[X] 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.

For the NSNs identified by AMSC R in attachment #1, the Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. Except for NSN 5330015618398, Aviation Devices (1NPE1) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs. For NSN 5330015618398, Aviation Devices (1NPE1) and Northrop Grumman System (26512) are both listed as approved sources. Although there is more than one manufacturer’s part number cited in the item description for this NSN, the Government only expects one offer based on market research and procurement history.

Based upon the technical certification by the DLA Land and Maritime Product Specialist dated December 29, 2022, all means to obtain a technical data package adequate for manufacture of these items have been exhausted; see attachment #2- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for each NSN and verified the approved source(s). There are no pending 339s with the Engineering Support Activity (ESA) for any of the NSNs. After-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the ESA for Military use. Only the parts approved by the ESA are designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. Any supplier can seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

*APPLIES TO LTCs - An Item identified by AMSC A, H, or L has been subjected to limited screening. The Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than the identified source. Items identified by AMSC A, H, or L on Long Term Contracts, are subject to annual review for possible assignment of a different or permanent AMSC. DLA Land and Maritime agrees to maintain a continual review of these items to ensure that an annual review at a minimum, in part to determine if new technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available during the solicitation evaluation phase will be removed from the acquisition requirement. Any item determined after contract award to be competitively available may be deleted from the contract and resolicited.

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

• A sources sought notice was issued on SAM.gov for five business days.

• Market research was conducted to obtain interest in the acquisition.

• The acquisition will be synopsized on SAM.gov one day prior to the solicitation opening.

• Dealers of the manufacturer will be solicited.

• The solicitation will be posted the DLA Internet Bid Board System (DIBBS) for a minimum period of 15 days to allow any offeror the opportunity to submit a quote.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. It is the Contracting Officer’s determination that these items fall under the commercial item definition at FAR 2.101. Because these items are considered commercial, Certified Cost and Pricing Data (CCPD) is not required per FAR 15.402-1(b)(3). In addition to price analysis, the Contracting Officer may use market prices (i.e., comparison based on marketplace or offers/pricing to other customers) for making a fair and reasonable price determination.

8. Market Research/Efforts to Obtain Competition: Initial market research was conducted by the Sourcing Strategy Specialist (SSS) in January 2023. Aviation Devices (1NPE1) has been the primary supplier of these items on both LTC and spot buys or Procurement Automated Contract Evaluation (PACE) awards over the last five years. A sources sought notice was issued on March 9, 2023, with a response date of March 15, 2023, and there were no responses to this notice. The market questionnaire asked companies to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones. Aviation Devices (1NPE1) was the only company to respond.

Aviation Devices (1NPE1)- small business manufacturer

Interested in a LTC for all items.

Information regarding the commerciality of the items:

All of the NSNs on this project were on contract SPE5EY-18-D-0533, which was conducted under FAR Part 12- Acquisition of Commercial Items. The Buyer contacted DLA Troop Support to obtain a copy of their Commercial Item Determination (CID). The Contracting Officer has determined there has been no change in the items being procured or substantial change in market conditions; thereby, making the prior determination suitable for use as a determination of commerciality for the current procurement. All of the NSNs were sent to the SAPD Technical Team and the Product Specialist updated the system with the commercial item indicator and updated the PIDs to include the commercial reference.

9. Additional facts supporting other than full and open competition are:

Based upon the technical certification under attachment #2, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved sources; therefore, 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: Aviation Devices (1NPE1)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. As required by DFARS PGI 206.304, the Buyer was able to locate the previous J&A for contract SPE5EY-18-D-0533; see attachment #3.

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.

Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate Signature

ATTACHMENTS:

1. NSN Spreadsheet

2. Technical Certification

3. Previous J&A- SPE5EY-18-D-0533

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.125

1897880 Date: 2023.03.17 12:20:47 -04'00'

SHEARER.MARY

.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.03.22 17:49:59 -04'00'