JA CL23150004 __Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[ 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/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

*If too numerous, attach list of National Stock Number (NSN)s and Acquisition Method Suffix Code (AMSC) codes

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMC/AMSC

COVER, COMPONENT, AIR 1710-015923006 3 3/D

GEAR, ASSEMBLY, SPEED 3010-004929235 33 3/D

ACCUMULATOR,

HYDRAULIC

3040-000681552 28 3/R

BRAKE DRUM 3040-001142298 136 3/R

CYLINDER ASSEMBLY, A 3040-014516487 14 3/C

STEM, FLUID VALVE 4820-011844542 59 3/C

NSN 1710-015923006 is an Air Component Cover used in aircraft arresting systems. There are 3 Weapon System Designator Codes (WDSC) associated with this NSN. The highest priority weapon system associated with the NSN is the STRATOLIFTER C/KC-135 Aircraft. The Weapon System Group Code (WSGC) is A which means most critical.

NSN 3010-004929235 is a Speed Decreaser Gear Assembly used in aircraft arresting systems. There are 4 WDSC associated with this NSN. The highest priority weapon system associated with this NSN is the F- 15 EAGLE fighter plane.

NSN 3040-000681552 is a Hydraulic Accelerator used in aircraft arresting systems. There are 3 WDSC associated with this NSN. The 3 WDSC have the same WSGC of least critical. This NSN is used on aircraft arresting systems, and the AN/FPS-117 Long Range Radar.

NSN 3040-001142298 is a Drum Brake used in aircraft arresting systems. There are 2 WDSC associated with this NSN and both have the same WSGC of least critical.

NSN 3040-014516487 is a Linear Actuating Cylinder Assembly used in aircraft arrest systems. There are 2 WSDC associated with this NSN. Both WSDC have the same WSGC of least critical. This NSN is used on the T-38 aircraft.

NSN 4820-011844542 is a Fluid Valve Stem used in aircraft arresting systems. There are 3 WSDC associated with this NSN. The WSDC have the same WSGC of least critical.

ESTIMATED BASE VALUE $

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

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.

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of the unique qualifications of the sources listed above to justify the use of 10 USC 3204(a)(1). Per the technical review conducted for these NSNs on 6/6/2023, the source listed above is the only source to possess the requisite rights to technical data necessary to manufacture these items to military specifications. The highest WSDC is for aircraft arresting systems (PFF). These Curtiss-Wright aircraft arresting systems are designed to slow military aircraft during the landing process. The Contracting Officer has relied upon the Product Specialist’s technical review of these NSNs and determined the only source capable of supplying these items to the Government is Curtiss-Wright Flow Control Service (21439). The Product Specialist has certified that the Government does not possess and has exhausted all means to obtain the data necessary to solicit these items under full and open competition. Additionally, the Product Specialist has reviewed the technical data available and confirmed the only source capable of supplying these items to the Government is Curtiss-Wright Flow Control Service (21439).

NSN: 3040-014516487

NSN: 4820-011844542

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

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.

In accordance with FAR 6.302-1(b)(2) and FAR 6.303-2(b)(5), the following provides a demonstration of the unique qualifications of the sources listed above to justify the use of 10 USC 3204(a)(1). These items have a source-controlled drawing that the government is aware of, however the drawing is proprietary to the vendor Curtiss-Wright and cannot be released. It has previously been determined uneconomical to purchase/acquire the data rights to the source controlled drawing. Additionally, this item requires Engineering Source Approval by the government design control activity. The Product Specialist has reviewed the technical data available and confirmed the only source capable of supplying these items to the Government is Curtiss-Wright Flow Control Service (21439).

This acquisition will be solicited with other than full and open competition under authority of U.S.C 3204(a)(1), as implemented by FAR 6.302(a)(2). Curtis-Wright Flow Control Service is the only approved sources and the only known source to own or possess the data or rights to the data necessary to manufacture these items.

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

[X] The acquisition will be synopsized on or about January 15th, 2024.

[X] Dealers of the manufacturers will be solicited.

[ X] Other. Solicitation will be posted on the DLA Internet Bid Board System for a minimum of 30 days.

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

This solicitation is being issued in accordance with FAR Part 15, Contract by negotiation. The Contracting Officer will ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

Contract history will be reviewed for historical pricing to compare to the offered prices received. Historical prices will be indexed using Producer Price Index (PPI) data for the North American Industry Classification System for each NSN. Additionally, the historical prices will be compared with quantity as a factor to ensure the comparisons are as similar as feasible. Similar NSN may be compared for price if their technical characters can be determined by the product specialist team to be detailed and similar enough for adequate comparison. The contract will be solicitated at one year, based on results from the market research. If additional option years are proposed by the vendors then contract length and price escalation will be evaluated using PPI data and trends to estimate potential inflation.

The threshold for obtaining Certified Cost or Pricing Data (CCPD) of $2 million (Per FAR 15.403-4(a)(1) ) has not been met for this acquisition and CCPD will not be required. Informal cost and price data may be requested from the vendor. The Buyer and Contracting Officer (KO) may still request input by the DLA’s Pricing Office to assist in determining the proposed prices received fair and reasonable. The Contract Specialist will request a should-cost independent government estimate from the Value Engineering VE-Reverse Engineering Branch to help assess a reasonable price.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

A Sources Sought was published from October 30th, 2023 – November 6th, 2023 for the listed NSN in this project.

Previous procurements for both NSN were reviewed to identify potential sources, price history, and delivery history.

Internet search of the item by NSN, part number and description, including search in GSA Advantage. GSA Advantage search was conducted based on NSN and part number which yielded no results. Search was then conducted based on nomenclature which yielded many results, however the items appeared to be different from the current NSNs based on the images displayed.

Market Surveys were sent to two vendors:

Curtiss-Wright Flow Control Service (CAGE/21439), manufacturer Kampi Components (CAGE/7Z016), dealer

Curtiss-Wright returned a completed market survey questionnaire. Curtiss-Wright is a large business manufacturer. They are interested in

They indicated that none of the NSN listed on this market survey are commercial. On the market survey spreadsheet Curtiss-Wright indicated that

Kampi returned a completed market survey questionnaire. Kampi is a small business dealer. Kampi is interested in They indicated that the approved source Curtiss-Wright

Kampi indicated that none of the items listed are commercial. On their market survey spreadsheet, Kampi indicated that

Commerciality:

An internet search was performed for each NSN. The only web results that returned are for surplus vendors and dealers. A search of the GSA Advantage website was conducted using the NSN and P/N for each item, which yielded no specific results for the listed items. A search on the Curtis-Wright website yielded no results for any of the NSN or part numbers. Curtis-Wright also specifically stated that each item is non-commercial.

The Commercial Item Determination Database in Procurement Integrated Enterprise Environment was reviewed to verify if there are any pre-existing commercial item determinations for these NSN. Each NSN was queried based on NSN and each NSN returned no results.

The internal technical notes from the product master were reviewed for each NSN. Three of the NSN has reference to commerciality:

3010-004929235 – listed as commercial off the shelf (COTS) in the product master.

This statement is in the guidance info:

“THIS NON WEAPON SYSTEM NSN MEETS THE FAR 2.101 DEFINITION OF A COMMERCIAL ITEM

AND IS PROCURED WITH AMSC OF OTHER THAN B, C, G, OR T. THE COS" FIELD OF THE CTDF

(OPTION A) HAS BEEN UPDATED TO "Y". POC IS DSCC-BDT. “

The comment above appears to be from July 2002. There are additional comments from after this one that discuss vendors being acquired and P/Ns becoming invalid.

Multiple comments stating the item is now commercial but no reasoning given for change.

3040-000681552 - listed as commercial off the shelf (COTS) in the product master.

No discussion in guidance info as to why this is commercial. No other reference in the product master.

3040-001142298 – Not listed as COTS in the product master.

Specifically listed as non-commercial in the guidance info section:

“2/28/2017 Material master review completed. Changed AMSC from Z to D. Per OEM item is not commercial, only made for the military. Updated POT. B. McNamara/FLBC/DSN:850-4662”

The internal notes are all aged and do not provide enough context for why any of the NSN should be considered commercial. These NSN are for aircraft arresting systems for military aircraft such as the T-38, F-15, and STRATOLIFTER C/KC. While there are likely commercial aircraft arresting systems, they are unlikely to be built to the same specifications as military components would require. None of these items have been purchased using commercial procedures by the DLA on previous buys. Based on the internet search, and the market survey from the approved source, these NSN are non-commercial.

The product specialist was contacted on January 9th, 2024 to request that the two NSN have their COTS field changed to be not commercial. indicated that two of the NSN are “commercial of a type”, also claiming that they are not strictly commercial and there are no civilian equivalents for the items. The information provided was based on prior information in the technical notes. Despite this referral, the information already discussed above still supports a determination that these items are non-commercial.

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

[X] Based upon the attached technical certification, 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 Please see Attachment #1 for Technical Certification provided by Quality Assurance Specialist, Four of the NSN have previous buys over the Simplified Acquisition Threshold (SAT) or previous LTC.

NSN: 3010-004929235 has a previous LTC under PIIN SPE7LX22D0132. The previous Justification and Approval (JA) is attached. The previous JA discusses that the NSN is non-commercial, only one approved source could manufacturer the item, and the efforts that the contracting officer from the previous LTC employed to attempt to increase the number of participants.

NSN: 3040-000681552 has a previous LTC under PIIN SPE7L323D60DL, however that acquisition was under SAT and did not involve a JA.

NSN: 3040-001142298 has a previous LTC under PIIN SPE7LX19D0207. The previous Justification and Approval (JA) is attached. The previous JA discusses that the NSN is non-commercial, only one approved source could manufacturer the item, and the efforts that the contracting officer from the previous LTC employed to attempt to increase the number of participants.

NSN: 3040-014516487 has a previous LTC under PIIN SPE7L123D60XV, however that acquisition was under SAT and did not involve a JA.

NSN: 1710-015923996 and NSN: 4820-011844542 do not have previous buys over SAT nor LTC, and do not have associated JA.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Curtiss-Wright Flow Control Service (CAGE/21439), manufacturer Kampi Components (CAGE/7Z016), dealer

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 [ ] Other (Explain)____________________________________________________________________________________

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ X ] Over $750,000 to $15,000,000 Competition Advocate

Attachment(s):

1/24/2024

BROOKINS.NORMA

.V.1402247289

Digitally signed by

BROOKINS.NORMA.V.1402247289

Date: 2024.01.24 06:23:13 -05'00'

WIEBUSCH.JAMIE.1

251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.01.26 13:23:42 -05'00'

Attachment Previous JA 3010 004929235 Attachment Previous JA 3040 001142298 Attachment Tech Cert CL23150004