J&A.16R0036_-_FOIA_.pdf

JUSTIFICATION FOR OTHER THAN FULLAND OPEN COMPETITION

SOLICITATIONSPE7M4-16-R0036

SOURCE SELECTION INFORMATION, SEE FAR 2.101 AND 3.104 1

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

2. The action being approved is the acquisition of COUPLING HALF, QUICK DISCONNECT using other than full and open competition by restricting to the only source(s) approved to manufacture the item, see below.

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

BRIEF DESCRIPTION: COUPLING HALF, QUICK DISCONNECT

NSN: 4710-01-219-5480

QUANTITY: 24 EA

EST. VALUE:

AMSC: C

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

NSN item COUPLING HALF, QUICK DISCONNECT is an item used on the T-38 aircraft model. Contract history shows that this item is primarily purchased by the military, specifically Department of the Navy. It is specifically designed and used only on the T38 aircraft. Weapon system is 42F = T38 AIRCRAFT. NAICS code is 332996.

LARGE PROCUREMENT – Request for Proposal (RFP):

ESTIMATED SOLICITATION VALUE: (based on the latest procurement unit price and quantity ranges up to 24 EA), no option will be solicited.

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. Sole source quoted by OEM or authorized dealers.

This item is considered a sole source or available from a limited number of sources because adequate data for the evaluation of alternate offers is not available at the procurement agency. Any alternate source offers must be approved by the Engineering Support Activity (ESA), via DLA form 339. Offerors who are interested in qualifying their product for purpose of future acquisition must contact the cognizant design activity specified on the drawing. The offeror must provide a complete data package including data for the approved parts and alternate part for evaluation. According to the product specialist there are no other concerns seeking source approval at this time.

APPROVED SOURCES are:

TRANSDIGM, INC. DBA AEROCONTROLEX (81833) P/N 20290-1

TRANSDIGM, INC. DBA AEROCONTROLEX (81833) P/N 6520290010

NORTHROP GRUMMAN TECHNICAL (0JRC1) P/N 3405-20290-1

These are the only known sources that own or have rights to the technical data necessary to manufacture this item for the Government. Therefore, complete data package of drawings/specs will not be available at the time of solicitation.

5. If restricted to the only sources of supply, include sources and CAGE code:

TRANSDIGM, INC. DBA AEROCONTROLEX (81833)

NORTHROP GRUMMAN TECHNICAL (0JRC1)

Transdigm, Inc. dba Aerocontrolex (81833) and Northrop Grumman Technical (0JRC1) are large business concern manufacturers. According to the Government’s past procurement history review conducted by the buyer over the last six (6) years, this item was purchased from the Transdigm, Inc. dba Aerocontrolex only. Northrop

Grumman Technical did not submit an offer to last solicitations.

Therefore, based on all above competition between these two (2) manufacturers is not expected for this procurement.

ORIGINAL

SOURCE SELECTION INFORMATION, SEE FAR 2.101 AND 3.104 2

Unrestricted procurement has been approved by the Small Business Administration IAW FAR 19.502-2:

"There is no expectation offers will be received from at least two small business concerns offering the product of different domestic small business concerns" and applies to procurements that are exceeding the simplified acquisition threshold.

Note: Last procurement was a simplified acquisition purchase; therefore, J & A does not apply.

The use of the authority cited is based on (The full text is available in DFARS PGI 217.7506 Part 2):

(X) AMC = 1. Items found to be already competitive.

(X) AMSC = C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data 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.

Note: I/A/W FAR 6.303(c)), to meet the requirement that the J&A include evidence that any supporting data that is the responsibility of technical or requirements personnel, a basis for the justification have been concur as complete and accurate by the product specialist at the time of market research that was conducted June 3, 2016 to

June 10, 2016, see paragraph 8 below.

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

(X) The acquisition will be synopsized for 15 days.

(X) Solicitation will be posted to DIBBS for 30 days.

(X) Other:

I/A/W DFARS PGI 206.302-1(d) sources sought notice was posted to FedBizOps for five (5) days as a part of market research, per FAR 6.302-1 to make sure that offers will be received “from as many potential sources as is practicable under the circumstances,” see market research paragraph eight (8) below.

7. By comparing past procurement history prices and current estimated unit price of the Contracting Officer is affirmatively determining that the anticipated price/cost will be fair and reasonable in accordance with the FAR 6.303- 2(b)(7). In accordance with FAR 15.403, cost and pricing data is not required under this acquisition threshold, however other than cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination. Negotiations may be required and will be continued until suitable for both parties and a determination that the anticipated cost is fair and reasonable to the government will be made by the Contracting Officer in accordance with FAR 15.402.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted from June 3, 2016 to June 10, 2016.

Techniques used to conduct market research:

• Past procurement review of the requested item NSN;

• Similar NSN items past procurement review;

• Data classification (SAP) industrial supply values / characteristics review and concur with the product specialist at the time of this market research on June 10, 2016;

SOURCE SELECTION INFORMATION, SEE FAR 2.101 AND 3.104 3

Web search for commercial use of the NSN item P/N requested;

FLIS, EMALL, GSA databases were queried to identify other potential sources for this item;

Sources sought notice was posted to FedBizOpps from June 3, 2016 to June 9, 2016 - no responses from additional interested parties were received.

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

Total number of vendors contacted with market survey: Based on the past buy history review and current sources of supply, only approved sources were contacted.

1. TRANSDIGM, INC. DBA AEROCONTROLEX (81833) – approved source OEM

2. NORTHROP GRUMMAN TECHNICAL (0JRC1) – approved source OEM Types of information requested: The vendors were asked business size, to provide their delivery time, if the item is quantity sensitive, if the item is commercial, if item is on catalog, availability of inventory of the item, and production capacity, etc. Name(s) of vendors responded:

1. TRANSDIGM, INC. DBA AEROCONTROLEX (81833)

Summary of information received:

TRANSDIGM, INC. DBA AEROCONTROLEX (81833) replied that they don’t respond to

Government survey’s but will quoting on this solicitation. They are an approved source and have received the previous five (5) awards.

Therefore, based on past buy history, there is an expectation of receiving an offer from TRANSDIGM, INC.

dba AEROCONTROLEX for this procurement.

Non-commerciality determination:

Item COUPLING HALF, QUICK DISCONNECT is an item used on the T-38 aircraft. This is a restricted source item and requires engineering source approval by the Government Design Control Activity. Contract history shows that this item is primarily purchased by the military, specifically Department of the Navy. It is specifically designed and used on the T38 aircraft. According to an approved source manufacturer, item is only sold to the Government, not commercially. Weapon system is 42F = T38 AIRCRAFT.

To further substantiate non-commerciality, the buyer reviewed the part number and nomenclature on the

Internet to see if it was available for sale to the General public. I/A/W FAR 7.102(a)(4) item is not GSA listed from sources other than DLA. The Internet, EMALL, Haystack, and GSA websites search indicated that it is not sold commercially. There was no commercial sales history, catalogs /brochures, established price list or announcements to the general public provided for any of these items. Market research indicates that this item is not commercial and there is a pair of approved OEM’s, which are large business manufacturers. A technical review indicates it is highly unlikely this item would ever be used in the commercial world Data classification (SAP) industrial supply values / characteristics review, item is not commercial. It is highly unlikely this item would ever be used in the commercial world. COTS field in SAP is blank.

I/A/W FAR 2.101 the Contracting Officer determines that the item does not meet the definition of commerciality. Therefore, based on all above, this solicitation will be solicited under the FAR Part 15.

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, indicating an interest in the acquisition is:

TRANSDIGM, INC. DBA AEROCONTROLEX (81833) – direct OEM, based on the procurement history review,

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

(X) I/A/W DLAD prescription11.391(b) Procurement Notes L04 and M06 “Conditions for Evaluation and Acceptance of Offers for Part Numbered Items” will be included in this solicitation.

SOURCE SELECTION INFORMATION, SEE FAR 2.101 AND 3.104 4

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.

Contracting Officer’s Signature Phone Date Helen B. Davis

APPROVAL REQUIREMENTS:

(X) Up to $700,000 - Contracting Officer

2-2621 11/01/2016