JA.Redacted.SPE7M5-17-Q-0233.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M517Q0233 / PR 65593685

[ 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 on other than a full and open competition basis.

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

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

Antenna 5962-01-478-9823 350 Z

Estimated Base Value 350 @ ea Estimated Maximum Value at top price break of ea:

End Item Description, Weapon System, or class of item: Item is a digital microcircuit used in a circuit card assembly.

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.

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

Xilinx (68994)

The use of the authority cited is based on 10 U.S.C. 2304(c)(1):

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

[X] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item.

Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

On 11/15/16, the buyer received confirmation from the product specialist of record that the AMC/AMSC of 3/Z is accurate. There is one approved source listed for this NSN;

Xilinx (68994). Per 339 case DSCC-FM-15-53208, the ESA could not provide a continuing source. Therefore, Xilinx (68994) is uniquely qualified as they are the only known source that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources or potential sources at this time. This purchase is an End-of-Life (EOL) buy for DLA.

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

[X] The acquisition will be synopsized on or about November 2016 and will be solicited on the DLA Internet Bid Board (DIBBS).

[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 solicitation will be issued IAW FAR Part 13.5 (Test Program for Certain Commercial Items).

The most recent buy for this item was in June 2016. Price was determined fair and reasonable based on contracting officer analysis. Buy was coded “BI”.

Based on historical pricing, there is no reason to believe that a fair and reasonable price for the solicitation quantity of 350 units will not be obtained.

Other Than Cost or Pricing Data will be used to determine a fair and reasonable price.

This data includes the commercial market value of similar items and their differences to the government required configuration, price analysis, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

8. Market Research/Efforts to Obtain Competition:

Avnet (9A810) has been the sole awardee of this NSN since April 2001. The buyer of record contacted Avnet and received the following information:

o Avnet (9A810) is a large business dealer authorized to sell and support Xilinx product, development boards and design software on their behalf.

o Avnet (9A810) is registered in SAM.

o P/N XC4005E-4PG156I is a commercial item. A “Suppliers Assertion of

Commerciality” was provided.

o

A Sources Sought was posted to FedBizOpps on 10/21/16 with a respond by date of 10/28/16.

Mil-Aero Solutions (6QCN1) responded 10/25/16 to the Sources Sought as an interested party willing to enter an offer.

o Mil-Aero Solutions is a small business / QSLD supplier and is registered in

SAM.

o Mil-Aero Solutions states this item is a commercial item.

Quadrature Peripherals (7NV99) responded 10/28/16 to the Sources Sought as an interested party willing to enter an offer.

o Quadrature (7NV99) is a small business manufacturer and is registered in

SAM.

o Quadrature is offering a custom engineered replacement for the obsolete

P/N XC4005E-4PG156I.

o This item is not a commercial item.

Sierra Synergistics (71M61) responded 10/24/16 to the Sources Sought as an interested party willing to enter an offer.

o Sierra Synergistics (71M61) is a service disabled vet-owned small business and is registered in SAM.

o Sierra Synergistics is offering an alternate item.

As a follow up to the Sources Sought response received from Quadrature Peripherals (7NV99) and Sierra Synergictics (71M61), the buyer advised both on the Alternate Offer and Source Approval Request Program Guidance on 12/5/16. Websites addresses along with guidance documentation were included in the advisement and is attached to this J&A (see page 48 and page 52 on the E-Contract File SPE7M5-17-Q-0233).

The contractors that responded to the Sources Sought will be added to the bidders list.

o Mil-Aero Solutions (6QCN1) o Quadrature Peripherals (7NV99) o Sierra Synergistics (71M61)

Commerciality: All buys since April 2001 have been under SAT, therefore commerciality was not addressed. The COTS Field in MM03 is blank and research in GSA advantage yielded no results. Per the Product Specialist, the AMC/AMSC code is correct, which establishes that this is a commercial item. The authorized dealer, Avnet (9A810) provided proof of commerciality through a “Suppliers Assertion of Commerciality” form and Mil- Aero Solutions (6QCN1) also stated this item is commercial.

This item is a DMS item and is no longer in production. However, Xilinx will produce this item for DLA as an End-of-Life buy. Since this part is no longer in production, P/N XC4005E-4PG156I is not listed as available on their website. However, upon research within the Xilinx website, a forum/message board is available where individuals can log problems and a Xilinx technical representative will attempt to solve their issue. In June 2015, an individual requested help with the obsolete XC4005E-4PG156 series. This forum/message board provided by Xilinx establishes that this part was once sold to the general public.

Item is determined commercial based on the information provided by Avnet, Mil-Aero Solutions, the Product Specialist and the information provided by an internet search of the Xilinx website.

All buys since April 2001 have been under SAT, therefore no previous J&A’s exist.

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:

o Avnet (9A810) o Mil-Aero Solutions (6QCN1) o Quadrature Peripherals (7NV99) o Sierra Synergistics (71M61)

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

• The solicitation contains Procurement Notes L04/M06 entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

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. If not exceeding $700,000, this signature serves as the approval.

Contracting Officer Date

Christine Boyer__________________________ Typed name of Contracting Officer

This justification has been reviewed for legal sufficiency:

DLA Land and Maritime Counsel Date

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

APPROVAL REQUIREMENTS

(X ) Up to $700,000 Contracting Officer

( ) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

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

12/6/2016

BOYER.CHRISTI

NE.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2016.12.06 10:17:04 -05'00'

Date: 2016.12.07 09:25:34 -05'00'