J&a._FOIA.Redacted.SPE7M117R0072_Redacted_.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M117R0072 / PR 69424780

[ 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/P/N QUANTITY EST. VALUE AMSC

Antenna 5985-01-282-7050 138 B

Estimated Base Value: (unit price Estimated Maximum Value @ qty 200:

This acquisition is for a fixed quantity; however, price breaks will be solicited permitting the Government to order up to the maximum quantity of the price break solicited.

End Item Description, Weapon System, or class of item: Item is an airfoil antenna, used to transmit and receive communication and other signals between the aircraft and ground.

End items, are the following aircraft, KC135, C130, C5, C17, F4 and F15. In addition, this item is used on the UH1 helicopter.

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:

Ball Aerospace Technologies (0ESR2)

The use of the authority cited is based on 10 U.S.C. 2304(c)(1):

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

[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-

100. 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. Although, by DoD-STD- 100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

On 8/24/2017, the buyer received confirmation from the FMTE Supervisor that the AMC/AMSC code of 3/B is correct.

This is a source-controlled item. There is one approved source; Ball Aerospace (0ESR2).

Per the FMTE Supervisor, The controlling source is NAVCOM.

NAVCOM (CAGE 57057) is not a government entity. They are a manufacturer that developed the antenna for the U.S. Government. (NAVCOM) specified that Ball Aerospace is the approved manufacturing source for this antenna. NAVCOM used Ball Aerospace expertise when designing this antenna years ago, therefore Ball Aerospace has the experience and data to manufacture this item. Even though the U.S. Government has the drawing, the U.S. Government does not have all the required drawings and data in order to make this a full and open competition item. The FMTE Supervisor reviewed the drawing and stated this is very clearly AMC/AMSC 3B.

Per the FMTE Supervisor, Ball Aerospace is the only known source that owns or possesses the necessary technical data/drawings and manufacturing knowledge capable of manufacturing this item. Therefore Ball Aerospace is, uniquely qualified with the manufacturing expertise needed for this item. There are no other approved sources.

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

[X] The acquisition will be synopsized on or about August 2017 and will be solicited on the DLA Internet Bid Board (DIBBS).

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

The estimated maximum value of this PR is Therefore, Certified Cost or Price Data, and a Subcontracting Plan will not be required. There is no reason to believe that Ball Aerospace (0ESR2) will not enter a fair and reasonable price.

8. Market Research/Efforts to Obtain Competition:

A Market Survey was sent to Ball Aerospace (0ESR2) and a Sources Sought was posted to FedBizOpps.

Ball Aerospace (0ESR2) responded 6/29/2017 to a Market Survey that was sent on 6/20/2017.

o Ball Aerospace is a large manufacturer that is registered in SAM, and deals directly with the Government.

o Ball Aerospace stated this is a not a commercial item.

o o Ball Aerospace is willing to enter an offer.

A Sources Sought was posted to FedBizOpps on 6/20/2017 with a respond by date of 6/27/2017.

o No responses or inquiries were received from any interested party.

Research in GSA advantage yielded no results, however the COTS Field in MMO3 is coded “No”. Market survey results from Ball Aerospace states this is not a commercial item. The last purchase in Dec 2016 (SPE7M517C0005) was issued as a non-commercial contract. Therefore, due to these findings, this item has been determined to be non-commercial and solicitation will be conducted under FAR 15.

The last purchase for the item was in Dec 2016 (SPE7M517C0005). This procurement was over SAT; therefore a recent J&A exists and is attached.

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:

Ball Aerospace Technologies (0ESR2)

11. This item is subject to the following methods of locating additional sources:

Solicitation will included “UCF SECTION L – Restriction of Alternate Offers for Source

Controlled 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.

Contracting Officer Date

Christine D. Boyer___________________________

Typed name of Contracting Officer

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2017.08.30 10:25:52 -04'00'

8/30/2017

APPROVAL/CERTIFICATION

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

_______ ____ (Value at top price break _______________

APPROVAL REQUIREMENTS

(X ) Up to $700,000 Contracting Officer

( ) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)