J&A_FOIA_Redacted_SPE7M118R0012.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M118R0012 / PR 71078048

[ 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

Relay Assembly Group 5945-01-469-8041

P/N 659-12647-1 10 R

*Estimated unit price- Estimated Base Value:

Estimated Maximum Value for a quantity of 15 units:

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 a Relay Assembly Group, which provides facilities for switching and controlling components of an electronic set, by means of relays and associated components that are in turn programmed by signals derived from another component(s).

This Relay Assembly Group is used with WSDC 04F, AIRCRAFT, STRATOFORTRESS B-52.

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:

Boeing (32562)

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 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.

On 10/24/2017, the buyer received confirmation from the product specialist of record that the AMC/AMSC of 3/R was accurate. Per the Product Specialist, “technical history shows that this NSN was provisioned with a drawing showing limited rights and proprietary to Boeing.

However, it is impossible to know if Boeing may have distributed the drawing to subcontractors or if other entities may have come into possession of the drawing. As far as known, Boeing is the only source, which "owns" the rights to the data” Boeing is the only known, approved source for this item. Therefore, Boeing is uniquely qualified as they are the only known source that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN.

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

[X] The acquisition will be synopsized on or about February 2018 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 be required.

8. Market Research/Efforts to Obtain Competition:

Market surveys were sent to Boeing on 10/24/2017, 11/15/2017, and 12/04/2017. Boeing did not respond to any market survey.

Based on Buyer knowledge, Boeing only responds to solicitations and not market survey requests.

The last purchase for this item was in August 2013. Therefore, the buyer assumes Boeing still produces this item and would enter an offer for the posted solicitation.

Boeing (32562) is a large business manufacturer .

Boeing deals directly with the Government.

A Sources Sought was posted to FedBizOpps on 10/24/2017 with a respond by date of 10/31/2017. No responses or inquiries were received from any interested party to date.

Commercial Determination: The COTS Field is blank in MM03, research in GSA advantage yielded no results, and Boeing did not provide a market survey. Due to these findings, this item has been determined to be non-commercial and solicitation will be conducted under FAR 15.

The last procurement of this item was an under SAT purchase in August 2013 (SPM113M0699). No recent J&A’s exist.

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:

No sources expressed an interest

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

Solicitation will included the following Procurement Notes:

L04; Offers for Part Numbered Items

M06; Evaluation of Offers of Alternate Product for Part Numbered 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

Brian Kennedy___________________________ Typed name of Contracting Officer

APPROVAL/CERTIFICATION

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

______ _________ at the top price break)_________________

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

(X ) $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)

KENNEDY.BRIA

N.J.1264859014

Digitally signed by

KENNEDY.BRIAN.J.1264859014

Date: 2018.02.20 14:38:37 -05'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.02.23 14:55:48 -05'00'