J&A.FOIA._SPE7M5-17-R-0020.redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M517R0020 / PR 64528915

[ 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

Electronic Components Assembly 5998-01-285-9174 68 C

Estimated Base Value:

Estimated Maximum Value for a quantity of 120:

End Item Description, Weapon System, or class of item: Item is a built-in test assembly for the LAU-128 and LAU-129 Missile Rail Launcher configurable for the F-15, F-16, F- 18 and other platforms.

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:

Marvin Engineering (32067) P/N 7002800-1

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 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.

On 8/19/16, the buyer received confirmation from the product specialist of record that the AMC/AMSC of 3/C is accurate. The design control activity is the Air Force. There is one approved source listed for this NSN; Marvin Engineering (32067) P/N 7002800-1.

Marvin Engineering (32067) is uniquely qualified as they are the only known source that possesses the necessary obsolete component for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources.

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).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

The most recent buy for this item was in August 2015. Price was determined fair and reasonable based on historical pricing. Buy was coded “BG”.

Based on historical pricing there is no reason to believe that Marvin Engineering (32067) will not enter a fair and reasonable price for the solicitation quantity of 68 units.

The estimated maximum value of this PR is Therefore, Other Than Cost or Pricing Data will be used to determine a fair and reasonable price. This includes historical pricing, comparison of similar items, price analysis, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

8. Market Research/Efforts to Obtain Competition:

Marvin Engineering was sent a market survey on 8/22/16 and responded with the following on 8/22/16:

o Marvin Engineering is registered in SAM and is a small business manufacturer.

o P/N 7002800-1 is not a commercial item.

o

A Sources Sought was posted to FedBizOpps on 8/22/16 with a respond by date of 8/29/16.

o One response was received from MC Test Service (4X3Y1) on 8/22/16.

MC Test Service is registered in SAM and is a large business manufacturer.

P/N 7002800-1 is not a commercial item.

As a follow up to the Sources Sought response received from MC test Service, the buyer advised MC Test Service on the Alternate Offer and Source Approval Request Program Guidance on 11/8/16. Websites addresses along with guidance documentation were included in the advisement and is attached to this J&A.

The last purchase for NSN 5998-01-285-9174, SPE7M115C0027 in August 2015 stated this was a non-commercial item. The market survey response from the approved source also stated this NSN is a non-commercial item. The COTS Field is blank in MM03, and research in GSA advantage yielded no results. Based on research, this NSN is determined to be a non-commercial item.

The most recent procurement over SAT occurred August 2015. Due to a change in the AMC/AMSC coding, a J&A was not required. There is no recent J&A to attach to this document.

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:

Marvin Engineering (32067) MC Test Service (4X3Y1)

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 D. 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

_______ _________ at the top price break) _________________

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)

11/8/2016BOYER.CHRISTINE.D

.1249699639

Digitally signed by

BOYER.CHRISTINE.D.1249699639

Date: 2016.11.08 14:21:40 -05'00'

Date: 2016.11.09 08:07:40 -05'00'