J&A_-_SPE7M118R0027_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-18-R-0027

PR: 0072099190

NSN: 6110-01-192-2428

For official Use Only Source Selection information – See FAR 2.101 and 3.104

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 NSN/PN QUANTITY EST.VALUE AMSC

Contactor, Magnetic 6110-01-192-2428 60 D

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

11F – Aircraft, Galaxy C-5 DTF – Aircraft, Airlifter C17A

This NSN is a Contactor, Magnetic, which is an electrical contactor for the AC power system on those Aircrafts. The particular usage of the item on the weapon system is unknown. The review indicated that this NSN is coded as a Critical Application Item, but not as a Critical Safety Item.

ESTIMATED BASE VALUE: (no options)

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

MAXIMUM CONTRACT VALUE: (with price breaks up to 60 units)

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.

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

TE Connectivity Corporation (74063) part number B4652

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

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

PR: 0072099190

NSN: 6110-01-192-2428

For official Use Only Source Selection information – See FAR 2.101 and 3.104

7. The use of the authority cited is based on:

[X] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on January 17, 2018. The Product Specialist stated that the AMC/AMSC coding was correct (3/D), and there have been no changes since the last review on 01/17/2018. DLA does not have any drawings or data that is available for solicitation; a reference drawing is maintained for technical/quality purposes only and is not suitable for manufacture. TE CONNECTIVITY CORPORATION (74063) owns the data rights to that reference drawing. TE CONNECTIVITY CORPORATION (74063) is the only approved source for this procurement at this time, this is because TE CONNECTIVITY CORPORATION (74063) is currently the only source known to possess the requisite data to manufacture this item.

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

(X) The acquisition was synopsized on 01/25/2018.

9. 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.

10. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]:A market survey was conducted on/during: January 11, 2018. A Sources Sought notice was also posted to the FBO on January 11, 2018.

Total number of vendors contacted: 4. The vendors contacted were: TE Connectivity Corporation (00779), Flame Enterprises, Inc (2V320), Gemcap Components, Inc (0KD40), and Nesstay Supply, Inc (1P9E7).

TE Connectivity Corporation (00779), Flame Enterprises, Inc (2V320), Gemcap Components, Inc (0KD40), and Nesstay Supply, Inc (1P9E7) were contacted as they have received the past orders for this NSN.

PR: 0072099190

NSN: 6110-01-192-2428

For official Use Only Source Selection information – See FAR 2.101 and 3.104

Names of vendors contacted and responding: at Flame Enterprises, Inc (2V320) was contacted on January 11 2018. responded back to the survey on January 15, 2018 with the requested information. at TE Connectivity Corporation (00779) was contacted on January 11 2018. responded back to the survey on January 18, 2018 with the requested information. Gemcap Components, Inc (0KD40) and Nesstay Supply, Inc (1P9E7) did not responded at all.

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 January 11, 2018, with a response date of January 18, 2018. 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:

from Flame Enterprises, Inc (2V320) responded on January 15, 2018. He stated that they are a small business, . He stated that there has been one commercial sale of this item (however he did not provide any information regarding that sale), and have had 3 Government contracts for this part, with last government sale on 10/28/2017.

from TE Connectivity Corporation (00779) responded on January 18, 2018.

She stated that they are a large business, and . She did not state if these parts were available commercially; there have been 2 Government contracts for this part, with last government sale on 12/19/2017.

Sources Sought Notice results:

No responses were received regarding the Sources Sought notice.

11. 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.

PR: 0072099190

NSN: 6110-01-192-2428

For official Use Only Source Selection information – See FAR 2.101 and 3.104

12. A listing of sources, if any, indicating an interest in the acquisition is: Flame Enterprises, Inc (2V320) and TE Connectivity Corporation (00779).

13. 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.

14. The J&A for the prior award of this NSN under solicitation number SPE7M5-17-R-0064, contract number SPE7M2-18-C-0010 is attached and available for review.

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 02/07/2018 Contracting Officer

Phone Date Brian S. Maxwell .

Typed name of Contracting Officer

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

MAXWELL.BRIAN.STE

PHEN.1230183828

Digitally signed by

MAXWELL.BRIAN.STEPHEN.1230183828

Date: 2018.02.07 11:21:42 -05'00'

PR: 0072099190

NSN: 6110-01-192-2428

For official Use Only Source Selection information – See FAR 2.101 and 3.104

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)