JA_SPE7M1-17-R-0088_-_reviewed_Redacted.pdf

For Official Use Only

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M117R0088

PR 69871851

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

For Official Use Only

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:

CLIN NSN Item Name Total

PR

Qty

Estimated Total PR Value

Price Break Range

Estimated Total Value at Top Price Break

A M C

A M S C

P I C

QCC

0001 5965-14-559-2147 adapter, headset-mic 146 125-156 * 3 P 2 DAA *unit

Identify end item, weapon system, or class of item:

51N:AH-1Z HELICOPTER

53N:UH-1Y HELICOPTER

C4N:HELICOPTER, H1 ALL VERSIONS

48N:HELICOPTER, UTILITY/SEARCH AND RECOVERY UH-1N

F2N:BRU-59/A BOMB RACK (NIIN: 01-522-5955)

ESTIMATED CONTRACT VALUE:

MAXIMUM CONTRACT VALUE (with Top Price Break):

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

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only sources of supply, include sources and CAGE code: Procurement is currently restricted to Thales Defense Security, Inc. 23386 P/N E19638CA and Thales Avionics SAS F9111 P/N E19638CA They are the only known sources with the complete technical data to manufacture this item at this time.

DFARS PGI 206.303-2(B) requires a copy of the J&A from the last procurement. Contract SPE7M517C0061, awarded on July 7, 2017, was researched in RM and the J&A is included as an attachment for this current requirement.

The use of the authority cited is based on:

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

SOLICITATION SPE7M117R0088

PR 69871851

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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.

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

(X) A Sources Sought synopsis was posted in FedBizOpps on August 18, 2017 through August 25, 2017. No responses were received.

(X) The requirement will be synopsized for 15 days prior to September 30, 2017.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. In order to determine the cost as fair and reasonable, support may be sought from the Pricing Office. Additionally, Price Analysis will be calculated using past procurement history, a Learning Curve and PPI.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A Market Survey was sent to Thales Defense Security, Inc. (23386) on August 17, 2017. Thales Defense Security, Inc. (23386) did not return a completed Market Survey as of the date of the signing of this document.

Total number of vendors contacted: 1

Names of vendors contacted and responding: Thales Defense Security, Inc. (23386)

Techniques used to conduct survey: The Market Survey was conducted through the use of e-mail.

Types of information requested: The information requested was: business size, interest in pursuing a Firm Fixed Price Contract, source of supply, if part is inventoried, commerciality, if part is catalog price listed, if the part is on the GSA Schedule, interest to submit an offer, and recommended quantity ranges, informal pricing, estimated delivery, minimum order quantity, existence of salient features which may be driving the cost; manufacturing location, FOB Origin confirmation, existence of an active Basic Ordering Agreement (BOA), Comprehensive Subcontracting Plan approval status according to DFARS 219.702(a), existence of currently active federal contracts/grants greater than $10,000.000.00, compliance with Certified Cost or Pricing Data.

Summary of information received: include information from the current returned completed survey.

PR 69871851

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

A previous Market Survey completed by Thales Defense Security, Inc. and received on March 9, 2017 for the most recent buy on this NSN provided the following information: they are a large business located in Clarksburg MD and are interested in pursuing a Firm Fixed Price Contract for this item; they are a dealer for Thales Avionics (F9111) who is the part manufacturer located in France; Thales Defense & Security considers themselves independent from the OEM; they have about 500 employees and their parent company is Thales Group who has approximately 65,000 employees; nor sold commercially or available on the GSA schedule;

On August 24, 2017, the Contract Specialist, Katrina Newman asked , Contracts Business Manager, Thales Defense and Security, Inc., to confirm their previous Market Survey response regarding Certified Cost or Pricing Data. The same day, replied: “Thales Defense & Security, Inc. (TDSI) is a separate legal entity and therefore not permitted to evaluate or audit Thales Avionics cost & pricing data however, we will be able to assist the Government in full price review and provide cost breakdown.”

Information received regarding the commerciality of the item: A search of MM03 “Commercial Off-the-shelf” section returned no entry. Past procurements for this item have not been procured commercially. A search of Google using CAGE 23386 P/N E19638CA and CAGE F9111 P/N E19638CA did not display any retail pricing information. A search of GSA Advantage returned “no results” with respect to adapter, headset-mic P/N E19638CA.

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

The technician, Chris Zinzigk, confirmed on March 20, 2017:

The AMC/AMSC of 3 P is still accurate. Rights to use data legally unavailable.

The current sources still acceptable and there are no additional sources available.

Thales Avionics SAS (F9111) and Thales Defensed & Security, Inc. (23386) are the only known sources.

The unique qualification that limits this NSN to Thales Avionics SAS (F9111) and Thales Defense & Security, Inc. (23386) code and p/n is that the technical data rights appear legally unavailable. Additionally, the ESA retains source approval/engineering approval authority for this item.

The use/purpose of the item is to connect the headphone and microphone plugs from a headset into an adapter which is plugged into the end item. The adapter may include a volume control and a switch to talk/transmit.

PR 69871851

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

The end items are WPNS Systems:

o 51N:AH-1Z HELICOPTER o 53N:UH-1Y HELICOPTER o C4N:HELICOPTER, H1 ALL VERSIONS o 48N:HELICOPTER, UTILITY/SEARCH AND RECOVERY UH-1N o F2N:BRU-59/A BOMB RACK (NIIN: 01-522-5955)

10. A listing of sources, if any, indicating an interest in the acquisition is: Thales Defense Security, Inc. (23386)

11. The following actions are being taken to identify additional sources: The solicitation will contain the Procurement Notes L04 and M06 addressing Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

Attachments:

Attachment #1: J&A SPE7M517R0055 (4 pages) Attachment #2: J&A Tech Referral (2 pages)

PR 69871851

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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 $700,000.00 this signature serves as the approval.

Approval/Certification

I have reviewed and approve this justification.

The estimated total value of the J&A is: .

The estimated total value of the J&A, including top price break (156 units), is: 0.

614-692-7389 Christine D. Boyer Phone Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ x ] Up to $700,000 Contracting Officer

[ x ] $700,000 to $13,500,000 Competition Advocate

8/29/2017

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2017.08.29 10:37:39 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.09.18 16:01:20 -04'00'