J&A_6.302-1c_SPE7M518R0016.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR: 71274274, SOLICITATION: SPE7M5-18-R-0016

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

(FEB 2017)

[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

Transistor 5961-01-053-3316 1000 B

Estimated Base Value:

Estimated Max Value:

Quantity price breaks up to 2500 will be included Identify end item, weapon system, or class of item: This NSN is listed as a weapons critical component WSIC M. This means it could render the system as inoperable but is not life threatening. 2 weapon systems recorded for this NSN. PAWS system and Ballistic Missile BMEWS System.

IAW DFARS PGI 6.3, the previous J&A must be attached. A search of contract history shows that this NSN has not been purchased as a large buy; therefore, there is no previous J&A.

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:

M/A COM Technology Solutions Inc. (50998) P/N PH8296

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

On 12/19/18 the buyer received confirmation from the product specialist that the AMC/AMSC of 3/B is accurate.

There is one approved source listed: M/A COM Technology Solutions Inc. (50998) P/N PH8296. Per the Product Specialist, this is the only known source that possesses the technical data for the manufacturing of this item, thus, demonstrating that M/A COM Technology Solutions Inc. (50998) have unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources.

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:

A Sources Sought was posted in FedBizOpps on 1/8/18 through 1/12/18. No responses were received.

The acquisition will be synopsized on or about March 2018 and will be on the DLA Internet Bid Board

(DIBBS)

Dealers of the manufacturer will be solicited.

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

The most recent buy for this item was on 11/7/17. At that time, 640 each were purchased for each from M/A COM Technology Solutions Inc. (55NN2). This price was determined fair and reasonable based off historical pricing and coded BG.

This NSN has been purchased 10 times since 2016. Five of those awards went to M/A COM Technology Solutions Inc. (55NN2) and the other five to M/A COM Technology Solutions Inc. (50998). The quantities of those 10 awards ranged from 124 each to 675 each with prices ranging from $ each.

This will be a stocked item. The estimated price of the solicited maximum quantity of 2500 each will not exceed $750,000, requiring certified cost or pricing data. The estimated price of the solicited maximum quantity of 2500 each will not exceed $700,000; therefore, a subcontracting plan will not be required.

In order to determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve and PPI. If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. The contract value at top price breaks is not expected to breech the threshold requiring Certified Cost or Pricing Data. Therefore, these clauses will not be included in the solicitation and Pricing Support for Certified Cost or Pricing Data will not be sought.

Negotiations procedures may be used pending price analysis results and competition.

Length of contract: A firm-fixed price contract will be issued.

Quantity: 1000 each (Price Breaks up to 2500 each)

8. Market Research/Efforts to Obtain Competition:

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

A market survey was sent to M/A COM Technology Solutions Inc. (55NN2) on 1/8/18. M/A COM Technology Solutions Inc. (55NN2) returned it on 1/10/18.

Total Number of Vendors contacted 1

Names of vendors contacted and responding: 1 M/A COM Technology Solutions Inc. (55NN2)

Techniques used to conduct survey:

The Market Survey was sent via email.

Types of information requested:

Information requested included: business size, commerciality, preference for submissions of offers through distributors/dealers or directly to the government, source of supply, catalogue price, is the item in inventory, willingness to quote the item, economical production quantities, their price break ranges, delivery, and if they are registered in SAM.

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

(FEB 2017)

Summary of information received:

M/A COM Technology Solutions Inc. (55NN2) is a large business concern. They prefer dealing directly with the government. This part is not a commercial item;

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 is: (If none, so state) M/A COM Technology Solutions Inc. (55NN2)

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

FSC is 5961; therefore, M01 Qualified Suppliers for Federal Supply Class (FSC) 5961 Semiconductors and FSC 5962 Electronic Microcircuits will apply.

L22 Restriction of Alternate Offers for Source Controlled Items (SEP 2017) will be included in the solicitation.

This solicitation will contain Conditions for Evaluation and Acceptance of Offers for Part Numbered Items, Procurement note L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

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.

Christine D. Boyer Contracting Officer Date

Approval/Certification I have reviewed and approve this justification.

The estimated total value of the J&A is The estimated total value of the J&A, including top price breaks (2500 each), is

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

ATTACHMENTS

Market Survey

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2018.03.06 12:13:28 -05'00' 3/6/2018