J&A.SPE7M517R0029.Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M517R0029 / PR 66036061

[ 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 5985-01-006-5084 12 C

Estimated Base Value:

Estimated Maximum Value for a quantity of 20:

End Item Description, Weapon System, or class of item: Item is an electrical device which converts electric power into radio waves, and vice versa. It is usually used with a radio transmitter or radio receiver. It is used on the HERCULES C-130 aircraft, a four-number engine turboprop military transport aircraft.

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:

Cobham Advanced Electronic Solutions (93346) P/N 485-D-004-1

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 11/7/2016, the buyer received confirmation from the Product Specialist of record that the AMC/AMSC of 3/C is accurate. Per the Product Specialist of Record, there is only one approved source for NSN 5985-01-006-5084. Cobham (93346) is the only known source that owns or possesses the necessary technical data/drawings and manufacturing knowledge capable of manufacturing this item. According to the Product Specialist, there are no other approved 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 February 2017 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 October 2013. Price was determined fair and reasonable based on historical pricing. Buy was coded “BG”.

Based on Cobham’s market survey response, there is no reason to believe that Cobham (93346) will not enter a fair and reasonable price for the solicitation quantity of 12 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:

Cobham was sent a market survey on 11/2/2016 and responded with the following on 11/16/2016:

o Cobham is registered in SAM and is a large business manufacturer.

o P/N 485-D-004-1 is not a commercial item.

A Sources Sought was posted to FedBizOpps on 11/4/2016 with a respond by date of 11/14/2016.

o One response was received from Aviarms (58985) on 11/9/2016.

Aviarms is registered in SAM and is a small business dealer.

On prior solicitations, the Product Specialist of Record (PSOR) has determined surplus unacceptable. Per the PSOR, surplus offers could be acceptable if the following criteria is met;

o No history of major quality issues from the manufacturer o Certs and Labels have to be valid o Contract number has to be valid and traceable o Surplus has to be up to date with the latest drawings for this item

The last purchase was an under SAT procurement (SPE7M514M0081) and did not address commerciality. The market survey response from the approved source 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.

History shows there are no over SAT procurements for this NSN.

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:

Cobham Advanced Electronic Solutions (93346) Aviarms (58985)

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

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)

2/9/2017

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2017.02.09 12:19:04 -05'00'