JA63021cSPE7M224R0010.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M224R0010

Controlled by: DLA Land and Maritime Controlled by: Land and Maritime/ FMVC

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Susan.Lupo@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[ 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/services on other than a full and open competition basis.

3. The proposed action is for solicitation and award of a Firm, Fixed Price (FFP) contract with no options. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

ACCUMULATOR 1710-01-271-8886 118 - 125 C

Identify end item, weapon system, or class of item: This NSN 1710-01-271-8886 is described as a Accumulator for the 82N Aircraft Launch and Recovery (ALRE) and is part of the arresting gear for shipboard aircraft recovery operations. This is an Accumulator in which liquids are stored under pressure for momentary energy in a hydraulic system. The item is a Critical Application Item (CAI) and has a special procedures category code of (01). This item will be solicited for a Firm-Fixed-Price (FFP) contract for 118 each with no options, but with quantity ranges from 50 up to 125 each.

ESTIMATED BASE VALUE 118 EA

MAXIMUM CONTRACT VALUE (With the Inclusion of Ranges) 125 EA

4. The statutory authority permitting other than full and open competition is:

[ x ] 10 U.S.C. 3204(a)(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:

CAGE (36334) Indal Technologies and CAGE (70236) Tactair Fluid Controls are the only approved sources listed by NAVAIR. NAVAIR (80020) is the design activity for the drawings. The sources listed by NAVAIR on their Technical Data Requirements (TDR) document are the only manufacturers that have the appropriate manufacturing expertise and quality capabilities. Although the government possesses drawings for this part, it is necessary to limit competition to those companies with engineering source approval by the design control activity. Part number 6532D981-1 is a NAVAIR assigned part number for this NSN. The approved sources download the most current drawings and quote referencing the part number.

CUI Category: PROCURE/SSI 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 weapon system indicator code is F “failure will render end item inoperable”. As such, acquisition from the currently approved sources is required to maintain the quality of the part.

Pursuant to the engineering and design activity, Naval Air Systems Command (NAVAIR) the sources cited in paragraph 5 have the appropriate knowledge, manufacturing expertise and quality capabilities to supply this NSN.

This is a flight critical safety item and in accordance with DFARS 209.270, DLA must procure this item only from those sources approved by the design control activity.

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

[ X ] A Sources Sought notice was posted to SAM.gov/Contract Opportunities on January 19, 2024 for five (5) business days with an attached market survey. The Sources Sought notice produced one response from CAGE 84DC4 Kinemecha. The acquisition will be synopsized on or about February 23, 2024 for 15 days to SAM.gov/Contract Opportunities. The solicitation will then be posted to DIBBs for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted with usage of the BLS Producer Price Index (PPI) and the learning curve analysis to include the data from past awards in which the price was found to be fair and reasonable. Offerors may be required to submit Other Than Cost or Pricing Data pursuant to FAR 15.403-3 to support price analysis. Certified Cost or Pricing Data is not required as the current estimated value does not exceed the threshold of $2 Million, FAR 15.403-4.

However, the solicitation will include the clauses/provisions prescribed for Certified Cost or Pricing Data, in the event that the total value of award will exceed $2 Million.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 3204(e)(2)(D)]: The most recent procurement was reviewed in Records Management.

The sole past procurement market research shows no indication of interest for this item from alternate sources, nor did the past solicitations produce alternate proposals or quotes. A Sources Sought notice was posted to SAM.gov to assist the buyer in preparing a beneficial solicitation. Market research was conducted via a survey sent to CAGE (36334) Indal Technologies and CAGE (70236) Tactair Fluid Controls.

Total number of vendors contacted: Two (2)

CUI Category: PROCURE/SSI regarding commerciality of the item, has determined that this item is non-commercial thus FAR 15 procedures will be utilized.

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

[ X ] Other: (Explain) This is a Critical Application Item with a Special Procedures Category (SPC) code of “01”.

Naval Air Systems Command, Lakehurst (NAVAIR) is the design control activity and determines which manufacturers capable of producing the item to its quality and technical requirements. The components being acquired under this solicitation have been classified as “critical” requiring engineering source approval by Naval Air Systems Command (NAVAIR). Only those companies who have submitted requests for source approval and have been approved will be eligible for award. Any manufacturers that are not approved by NAVAIR will be required to submit a Source Approval Request (SAR) Package for the Navy ESA (NAVAIR) to approve for future procurements.

10. A listing of sources, if any, indicating an interest in the acquisition is: CAGE (70236) Tactair Fluid Controls

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

[ X ] Other (Explain) The solicitation will post to the DLA DIBBs website for 30 days. Any manufacturers or vendors who would like to pursue source approval will receive Source Approval guidance for submission to the design activity, NAVAIR, and the DLA Competition Advocate’s Office. The data presently available reflects the minimum needs of the Government. The solicitation will include DLAD Procurement Notes L04 and M06.

12. A J&A for the most recent procurement is not available, as the item was purchased using Simplified Acquisition Procedures.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

POE.HERMAN.LE

E.JR.1214625691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2024.02.27 14:17:51 -05'00'

CUI Category: PROCURE/SSI

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ x] Up to $750,000 Contracting Officer

[ x ] Over $750,000 to $15,000,000 Competition Advocate

Attachment(s):

1. FAR 6.303-2 (c) Supporting Data Certification

WIEBUSCH.JAMIE.

1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.02.29 16:19:58 -05'00'