SPE7M1-17-R-0100_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-17-R-0100

PR: 0069394175

NSN: 6110-14-547-8012

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ORIGINAL

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: Governor, Motor

NSN/PN: 6110-14-547-8012

QUANTITY: 10

ESTIMATED VALUE:

AMSC: C

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

YLN – HELICOPTER, SEAHAWK, H-60

2VN – FMS AUSTRALIAN MH60R

44N – HELICOPTER, LAMPS MARK III, SH-60B

C3N – MH60R HELICOPTER – MH-60R

MBN – CONSOLIDATED GROUND SUPPORT EQUIPMENT

This NSN is a Governor, Motor, used on the H-60 Helicopters, however, the specific function of this particular item on the weapon system is unknown. Review of the item indicated that NSN has a Critical Weapon System Indicator code “F”, therefore the item is considered as a CAI.

ESTIMATED BASE VALUE: (no options)

ESTIMATED TOTAL VALUE (BASE + OPTIONS): N/A

MAXIMUM CONTRACT VALUE: (with price no breaks)

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING: N/A

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.

PR: 0069394175

NSN: 6110-14-547-8012

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

Thales Underwater Systems SAS (F8294) part number 44040290AA01 Thales Underwater Systems SAS (F8294) part number 56955197-041 Raytheon Company (94404) part number 44040290AA01

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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

The use of the authority cited is based on:

[X] 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.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on September 18, 2017, and the AMC/AMSC was verified as being a 3/D, but is being changed to AMC/AMSC 1/C; as of 18OCT2017, Product Master shows AMC/AMSC of 1/C. No data is available for this item. The Navy has confirmed the lack of a technical data package, partial or otherwise. The data is proprietary to Thales and Raytheon. Thales (Cage Codes F8294, and Raytheon (94404) remain the only approved sources for this procurement at this time. This is because they are currently the only sources known to possess the requisite data to manufacture this item, and also have the manufacturing capability and knowledge to produce this item. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Any alternate source must qualify in accordance with the design control activity’s procedures, as approved by the cognizant government engineering activity.

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

(X) The acquisition was synopsized on 09/20/2017.

PR: 0069394175

NSN: 6110-14-547-8012

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

Formal C/P Data will not be required because the current estimated contract price is below the price threshold of $750,000 (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The acquisition specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary. Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative. An option quantity will not be used for this procurement.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during:

September 18, 2017. A Sources Sought notice was posted to the FBO on September 18, 2017.

The Sources Sought notice had a response date of September 25, 2017.

Total number of vendors contacted: 1. The vendors contacted were: Thales Defense Security (F8294).

Thales Defense Security (23386) was contacted as they have received all of the recent orders for this item and are listed as an approved source.

Names of vendors contacted and responding: from Thales Defense Security (23386) was contacted on September 18, 2017. responded back to the market survey on September 19, 2017.

Techniques used to conduct survey:

1. The market survey was sent via email.

2. Sources Sought- DAG 10.002-102(C)(vii) : Published a “sources sought” synopsis in the

FedBizOpps on September 18, 2017. A copy of the market survey was also attached to the sources sought notice.

Types of information requested: Business size, manufacturer or dealer, are these commercial items, are these catalog/price listed items, inventory availability, willingness to quote, economical production quantities available delivery schedule, and willingness to accept quantity option.

Summary of information received:

e from Thales Defense Security responded to the market survey on September 19, 2017. stated that Thales is a large business, and

This is not a commercial item, as these items are only supplied to the US Government.

PR: 0069394175

NSN: 6110-14-547-8012

DPACS pdp127 (JUNE 12)

, and that they are interested in quoting on this requirement.

Sources Sought Notice results:

No responses were received regarding the Sources Sought notice.

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

(X) Other – The item provided must meet the requirements of the cited technical data in addition to the requirements of the part numbered item listed in the solicitation.

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

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

(X) The solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items (Aug 2016), which provides the process for offering an item other than those identified in the item description.

12. All of the prior DLA Maritime orders were small purchases, so there was no prior J&A available to attach IAW DFARS PGI 206.303-2(b)(i)(B).

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.

__________________________________________ 2-1067 10/20/2017 Contracting Officer

Phone Date ____ Brian S. Maxwell ______

Typed name of Contracting Officer

MAXWELL.BRIAN.ST

EPHEN.1230183828

Digitally signed by

MAXWELL.BRIAN.STEPHEN.1230183828

Date: 2017.10.20 09:28:41 -04'00'

PR: 0069394175

NSN: 6110-14-547-8012

DPACS pdp127 (JUNE 12)

Approval/Certification

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

Competition Advocate Phone Date Signature

Head of the Contracting Activity (HCA) Date Signature

Senior Procurement Executive (AQ) Date Signature

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)