SPE7M5-21-R-0031 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M5-21-R-0031

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

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

[X] The acquisition will be synopsized on or about May 3, 2021 for 16 days. At the completion of the synopsis period, this PR will be solicited on the internet for a minimum of 30 days via the DLA Internet Bid Board System

(DIBBS).

[X] A “Sources Sought” notice was also posted in the beta.SAM.gov under Contract Opportunities to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. The notice contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist. It was posted on beta.SAM.gov on 3/30/2021 with a suspense date of 4/06/2021. No responses were received.

7. The most recent contract (SPE7M5-18-C-0042 dated 8/09/2018) for this item was with Cobham Advanced

Electronic Solutions Inc. (93346) and it was determined fair and reasonable based on Contracting Officer analysis and data other than certified cost or pricing data, excluding cost data, submitted and no other analysis code applies. The award Price Reasonableness Code (PRC) was coded “BI”.

Since the contract estimated maximum is less than $2,000,000.00, Certified Cost or Pricing Data is not required per FAR 15.403-4(a)(1). The price analysis of historical contracts, learning curves and the Bureau of Labor Statistics PPI will be used to determine whether the price is fair and reasonable for the main buy quantity and to each incremental pricing structured mid-point quantity (if applicable). Delivery time and quantity variances will be compared to the most recent award price to establish pricing. Other than certified cost and pricing data, along with the use of the resources available through the Pricing Office will be utilized if necessary.

Negotiation’s procedures may be used pending on price analysis results and competition.

Based on the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Cobham Advanced Electronic Solutions Inc. (93346) is the only approved source to acquire this item from as 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. A Market Research Survey was sent to Cobham Advanced Electronic Solutions Inc.

(93346) to be completed and returned.

In addition to the above, a “Sources Sought Notice” was posted on Beta.SAM.gov to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential contractors to complete and return. No responses were received.

DLA Land & Maritime Justification for Other Than Full & Open Competition

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

[X] A market survey was conducted on/during 3/29/2021 and a “Sources Sought Notice” was posted on Beta.SAM.gov on 3/30/20 with a suspense date of 4/06/2021.

Total number of vendors contacted: One (1)

Names of vendors contacted and/or responding:

a) Cobham Advanced Electronic Solutions Inc. (93346)

b) There were no responses to the “Sources Sought Notice” that was posted on Beta.SAM.

Techniques used to conduct survey:

a) Market Survey was sent via e-mail out to the following approved source:

1) Cobham Advanced Electronic Solutions Inc. (93346)

b) A “Sources Sought Notice” was also posted on Beta.SAM.gov to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements.

A Market Research/Survey was attached to the notice for potential sources to complete and return.

Types of information requested:

a) A brief summary of information requested by the Market Research/Survey:

(1) Is your company interested in pursuing a Firm Fixed Price contract for this item?

(2) Your company size?

(3) Is your company a manufacturer or dealer of this item?

(4) Do you have a parent company?

(5) Is this a “commercial” item per FAR 2.101 (b)?

(6) Would you be willing to submit an offer on this item?

(7) Based on the estimated buy quantity, for budgetary purposes, what is the estimated unit price?

(8) What is the estimated delivery schedule for this item?

(9) Are there incremental quantity breaks for this item?

(10) Do you have a minimum order?

(11) Is FOB Origin acceptable?

(12) Is Inspection/Acceptance at Origin is acceptable?

(13) Do you currently have any active federal contracts and/or grants in excess of $10,000,000.00?

(14) For contracts estimated over $2,000,000.00, Cost or Pricing Data “may” be required per DFAR

252.215-7010. Is your company and your subcontractors (if applicable) capable of providing this data?

(15) Please list main and the secondary point of contract for procurement questions.

b) “Sources Sought Notice” contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist. A Market Research/Survey was also attached to the notice for potential sources to complete and return.

Summary of information received:

a) Cobham Advanced Electronic Solutions Inc. (93346):

(1) Is interested in pursuing a Firm Fixed Price contract for this item.

(2) Claims that they are “large” business with approximately 500 employees.

DLA Land & Maritime Justification for Other Than Full & Open Competition

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

[X] Solicitation contains DLAD Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Number Items.

[X] Being posted on Beta.SAM.gov and the DLA Internet Bid Board System (DIBBS).

12. In compliance with DFARS PGI 206.303-2(B):

A review of procurement history in IHS Haystack Gold, along with Records Management indicates that subject NSN was procured an estimated eighteen (18) separate times dating back to May 2008. A review of these awards indicated that the last “large” procurement was SPE7M5-18-C-0042 dated 8/09/2018. A review of this award does indicate that a large buy contract was issued and that a Justification for other than full and open competition (J&A) was completed and approved by Comp Ad. See Attachment #2.

DLA Land & Maritime Justification for Other Than Full & Open Competition

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.

Christine D. Boyer Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. This J&A has an estimated PR value (54 each) , with an estimated value at the top price break (85 each) of

Date Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

ATTACHMENTS

#1 – Technical Referral response dated 3/30/2021

#2 – J&A (SPE7M5-18-C-0042)

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.04.26 12:37:09 -04'00'

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2021.04.20 14:54:07 -04'00' 4/20/2021

4/26/2021