SPE7M217R0042_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M217R0042

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

(April 2014)

[x ] ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N

BASE

QTY

Base Qty Value

Highest.

Qty.

Range

TOT. EST.

VALUE AMSC

Transformer, Power 6120- 014793835 200 each 330 each 3/D

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

F/18 Hornet, Aircraft, VUN.

ESTIMATED BASE VALUE :

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

MAXIMUM CONTRACT VALUE

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING : N/A, No Option.

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. FAR 6.302-1

Sole approved source of supply is GE Aviation, cage 07639, for part number FV29357G2.

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

The Government does not have the data. GE Aviation (CAGE 07639) is uniquely qualified because it is the only known source with the data necessary to manufacture this item.

The product specialist reviewed this material and its AMC/AMSC code of 3/D on 10/17/2017. The material purchase order text and the packing requirements where updated along with the PR being refreshed based on the product specialist response.

The use of the authority cited below:

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

The use of the authority cited is based on:

(1) [ X ] AMSC D.

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

(April 2014)

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 Government does not have the data (AMSC D), the vendor is uniquely qualified because it is the only known source with the data necessary to manufacture the item. The product specialist reviewed this material on 10/17/2017.

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

[ X ] The government is unable to make this competitive because it does not have access to the drawings, which are owned by GE Aviation; this is a Cage code and part number buy per section 4 above.

[ X ] The acquisition will be synopsized on or about 10-20-2017 [ X ] If available, Manufacturers of similar products identified in the market research will be solicited.

[X ] If available, Dealers of the manufacturers will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a review of the available procurement history in SRM and any received competition that falls within the contracting officers determined competitive range. Risk will be limited to the contractor as this will be a firm fixed price contract.

8. Market Research/Efforts to Obtain Competition:

A sources sought notice was published on FBO.gov on 3-1-17. A market research survey was sent to the OEM on the same date. The RFI, request for information, was successful. GE and Reagent responded to the sources sought notice. Reagent responded with a letter of interest. GE provided the requested market survey.

A Google search was performed on the part number and approved sole source. The results only returned Government positions on the Internet. This material has only 3 identifying technical markers in Haystack.

None of the technical markers in Haystack are useful in identifying similar items.

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

[X ] A market survey was conducted on/during 3-1-17.

Total number of vendors contacted: 2 directly via email, other interested parties on FBO.gov.

Names of vendors contacted and responding:

GE Aviation - cage 07639- contacted direct via email and respond to the RFI, request for information. GE’s market research responses have been included.

Reagent – cage 6TV08 – Interested but no survey returned. Reagent will be provided a Sources Approval Request (SAR) package to submit to DLA Land and Maritime for evaluation.

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

(April 2014)

Techniques used to conduct survey: FBO.gov, Internet, phone, and email.

Types of information requested:

Is the vendor a large or small business, a manufacturer or dealer or distributor, is the item a commercial item, is the item a catalog or price listed item and is it carried in the vendor’s inventory? Has this vendor supplied the item to the government or to a commercial customer previously, does the vendor manufacturer similar items to this item? What are the quantity breaks? Would the vendor be interested in Customer Direct (DVD) orders? Does the vendor have electronic data interchange (EDI) capability and if not would the vendor be willing to obtain the capability? Is FOB/inspection/Acceptance at Origin/Destination/Acceptable? What is the most economical quantity range? what is the unit price?

What is the estimated delivery? See market survey questionnaire for complete list of questions.

Attachment 1.

Summary of information received:

A sources sought notice was published on FBO.gov on 3-1-17. A market research survey was sent to the OEM on the same date. RFI, request for information, was successful. The RFI resulted in Reagent requesting to quote but they did not return a market survey. Reagent will be added to the RFP bidders list. GE aviation provided a market survey as their response to the sources sought notice. The last buy was on a BOA and was awarded I/A origin. This buy will be I/A destination per a SRM PIC code of 2.

Market research received shows GE sells this item in both a government only version and commercial version. Thei

Information received regarding the commerciality of the item(s):

For the reasons stated below, the item covered by this procurement for NSN 6120- 014793835, Transformer, Power, will be non-commercial based on the definition of commercial items located in FAR 2.101 and will be procured under FAR part 15. The following non-commerciality determinations have been made:

Review of the material master in SAP indicates that this NSN has an AMC/AMSC of 3/D, and not 1/Z which would indicate a commercial item. The industrial specialist tab under classification is Y, showing this is a commercial off the shelf item. Review of the material number does not show evidence that this NSN is available on the commercial market nor is it of a type customarily used by the general public or by non-governmental entities for purposes other than government or military purposes as defined in FAR 2.101.

Market research via internet resources for commercial sale offerings yielded no results to show that this item has been offered for sale, lease or license to the general public as defined in FAR 2.101, “commercial item.” A search of the “Transformer, Power” indicates that the only use for the Transformer, Power with part number FV29357G2 is a part of the VUN, F/A-18 (E/F) Aircraft, Hornet, maintenance program which are for

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

(April 2014) military and not commercial applications. IAW FAR 12.205, a review of the item population shows that for the items being procured under this initiative there is generally no available product literature and that the requirements are Governmental in nature. In the commercial context, contracting officers should allow offerors to propose more than one product that will meet the Government’s need. The acquisition is not compatible with that approach. Per FAR 12.207, contracts for commercial items shall rely on the contactor’s existing quality assurance systems as substitutes for Government inspection and testing before tender for acceptance. The quality requirements and inspections spelled out for this National Stock Number are not compatible, nor feasible, for the item in this acquisition. Therefore, it is determined to be in the best interest of the Government to procure the items under this initiative utilizing non-commercial clauses and terms and conditions.

The “general public” is interpreted as individuals using parts in a non-governmental or non-military capacity. Market research analysis IAW FAR 12.1 was conducted and it has been determined that the item contained in the survey are not commercial and are not commercial of the shelf items. The contractors which responded to the survey checked no when asked if these items were commercial or catalog/price listed items. The research did not yield any information about the part being available to the general public for inspection nor is there any evidence of sale prices at which sales were made to a significant number of buyers constituting the general public.

The market survey responses were as follows:

Sent to GE Aviation – cage 07639:

A review of the market research and past buy history shows GE sells this item in both a government only version and commercial version.

Reagent – cage 6TV08 – Interested Letter but no survey returned. A SAR, Source Approval Request, package will be sent to Reagent. –PER DAG - 11.391- 102 Solicitation Provisions.-and - 11.391-103 Alternate product offers.

A review by the product specialist assigned to this NSN shows that this material is not in the COTS, commercial off the shelf, line.

Per FAR 12.205, a review of the item shows that there is no existing product literature generally available in the industry to determine its adequacy for purposes of evaluation.

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.

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

(April 2014)

10. A listing of sources, if any, indicating an interest in the acquisition is:

6TV08 Reagent World; responded to the FBO posting with email; which had their capabilities statement. Although the capabilities statement submitted by Reagent does not specify an ability to make this item, the company will be placed on the bidder’s list so that the full requirements of the solicitation will be submitted to them for review, since the company indicated an interest in quoting by responding to the sources sought notice. Reagent was emailed a SAR package on 10/2/17.

GE Aviation ,cage 07639, on the bidders list. They responded to the sources sought notice with the RFI market survey. GE currently has an active BOA against this NSN.

11. The following actions are being taken to identify additional sources:

[ X ] The solicitation contains the provision entitled M06, Evaluation of Offers for Part Numbered Items.

The solicitation will be made available to the public on DIBBS and in Fed Biz Ops.

This J&A will be reviewed by the legal office prior to post the RFP for quotation. There was no J&A in record management for the immediate last buy. Prior history reflects previous large purchases, which may contain the Other Than Full and Open Competition form, unless solicited as unrestricted.

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

(April 2014)

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.

Digitally signed by BEECHEY.ELIZABETH.E.1230201656 Date: 2017.1_0_.2_3 16_:_1_4_:5_0_-_0_4_'0_0_'

Contracting Officer- Elizabeth E. Beechey Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ ] $13,500,000 to $93,000,000Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

Attachments:

Attachment 1 – market survey questionnaire.

BEECHEY.ELIZABETH.E.1230201656

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.10.27 16:02:02 -04'00'