J&A6.302-1cSPE7M119D0008.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-19-R-X010

DLA Land & Maritime Justification for Other Than Full & Open Competition (March | 2014)

P a g e | 2 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.

[X] AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

The Government has reserved the right to approve sources and only CAGE 95270 has been approved. In addition, per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGE 95270 has been identified as having the proper complete technical data and manufacturing expertise to supply the items to DLA and the using military services. Therefore, competition must be limited to offers of the product of CAGE 95270. The Product Specialist, on 11/01/2018, confirmed technical data for NSNs 6105-00-525-8559, 6105-01-229-2464 and 6105-00-098-5256 and 6105-00-346-2391 were correct and up to date. The AMC/AMSC codes of 3C and 3Q was confirmed by the Product Specialist, and that the approved source is Skurka Aerospace (95270), part numbers B946- CG587, H700-CS873, C984 and A5123, respectively. Skurka Aerospace is the only source approved to produce this item.

Skurka Aerospace is uniquely qualified to manufacture these items because it is the only known source that has the data, data rights, or manufacturing knowledge necessary to manufacture this part to meet the military’s requirement. It is essential that the Government procure Skurka Aerospace’s part numbered items because these items, albeit commercial, have been modified to meet the military’s specific needs. These items have different power input and connections to ensure that they satisfy the military specific requirements. Additionally, these items are replacement parts, and it is necessary to procure only Skurka Aerospace’s part numbered items to ensure the higher level assembly properly functions.

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

[X] The acquisition was synopsized on 12/12/2018.

[X] Dealers of the manufacturers will be solicited.

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

This will be a three-year, firm fixed price, indefinite delivery contract subject to FAR Part 13.5. The three year period is inclusive of one one-year base period, and two separately priced one-year option periods. As such, the price analysis for future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Sourcing Strategy team's Contract Specialist also researched the procurement history for the item on the proposed solicitation and emailed each of the suppliers that still had a valid registered CAGE.

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Information received regarding the commerciality of the item(s): The COTS field for NSNs 6105-00-525-8559 and 6105-01- 229-2464 is “Y”, indicating they are commercial items. The buyer reviewed prior contract history for NSN 6105-01-229- 2464 and found that DLA L&M has previously determined it to be a commercial item. Solicitation SPE7M2-16-Q-0058 and subsequent award SPE7M2-16-M-2557 was issued utilizing FAR 13.5 authority. A J&A (Attachment 1) was approved by the Contracting Officer establishing a determination of commerciality for this NSN. Furthermore, a technical review (Attachment 2) from the product specialist was performed confirming the commerciality of this NSN. Additionally, see previously submitted commerciality package submitted from Skurka Aerospace showing commercial of a type (Attachment 3).

The buyer reviewed prior contract history for NSN 6105-00-525-8559 and found that DLA L&M has previously determined it to be a commercial item. Solicitation SPE7MC-18-Q-0342 and subsequent award SPE7MC-18-P-4001 were issued utilizing FAR 13.5 authority. Additionally award SPE7C-15-C-0070 was issued utilizing FAR 13.5 authority. A recommendation for commercial determination (Attachment 4) was issued for the purchase order. Additionally, see previously submitted commerciality package submitted from Skurka Aerospace showing commercial of a type (Attachment 5).

NSNs 6105-00-098-5256 and 6105-00-346-2391 are determined to meet the definition of commercial items per FAR 2.101(3)(i) as they are item of a type customarily used by and sold to the general public and non-government entities for other than government use but for modifications customarily available in the commercial marketplace. These items has been identified as End Bell, Electrical. Segment, Front Support, and Armature, Motor, respectively (Skurka part number C984, A5123 and B2743). These 3 NSNs are subcomponents of NSN 3010-00-567-5873 (Skurka part number D831) (Attachment 7). D831 was determined commercial under DLA Aviation contract SPRTA1-17-C-0170 and SPRTA1-19-C-0008. See Attachment 8 for previous commerciality package. Skurka stated that part number D831 is similar to their commercial part number P01D46691, which is sold commercially. D831 and P01D46691 have similar armature construction and stack, same number of poles and brushes. The difference is in the amount of input power (see Attachment 8 for technical comparison).

A review was performed by the product specialist of the technical comparisons. Based on the technical comparison, NSNs are assembled and tested in the same factory on the same production lines. The difference between the commercial parts and the military parts are the voltage of input power. Therefore, NSNs 6105-00-098-5256 and 6105-00-346-2391 are determined to be commercial of a type in accordance with the definition of a commercial item per FAR 2.101(3) (i).

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: (If none, so state) Skurka Aerospace (95270) and Statz Corporation (3WGD1)

11. The following actions are being taken to identify additional sources before any subsequent acquisitions are made: (If none, so state and explain why not.)

[X] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

[X] The solicitation contains the procurement notes L04 and M06, entitled Offers for Part Numbered Items, and Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

12. Justifications and approvals for previous large acquisitions for NSNs are attached for review.

NSNs 6105-00-098-5256 and 6105-00-346-2391 had no previous J&A as they were not any large buys.

#1 – SPE7M2-16-Q-0058 for NSN 6105-01-229-2464 (Attachment 1)

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#2 – SPE7MC-14-R-0057 for NSN 6105-00-525-8559 (Attachment 6)

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.

Herman L. Poe, Contracting Officer

APPROVAL / CERTIFICATION

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

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

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