J&A6.302-1cSPE7M518C0038.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 72570044, SOLICITATION SPE7M518R0032

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 QUANTITY EST. VALUE AMSC

Switch, Waveguide 5985-01-244-7028 30 C

Estimated Based Value:

Estimated Maximum Value (at 50 each):

Quantity price breaks up to 50 each will be included.

Identify end item, weapon system, or class of item: Item is a 4-port electromechanical waveguide switch intended for use in high-power switching applications.

IAW DFARS PGI 6.3, the previous J&A must be attached. The J&A from the previous contract, SPE7M517C0039 is attached (See attachment #1)

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:

Logus Manufacturing Corp. (09080) P/N LM90CSFXX97

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 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 2/21/18, the buyer received confirmation from the product specialist that the AMC/AMSC code of 3/C is accurate. The only approved source is Logus Manufacturing Corp. (09080) P/N LM90CSFXX97. The Government does possess data (QAP and drawing), but the data is not complete to permit full and open competition. The

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

(FEB 2017)

approved source, Logus Manufacturing Corp. (09080), is uniquely qualified because it has the full data or data rights necessary to manufacture which the government does not thus, demonstrating that has unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources. A DD-254 is required.

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

A Sources Sought synopsis was posted in FedBizOpps on March 1. 2018 through March 8, 2018. One response was received from A-INFO Inc (7TYD4). A-INFO Inc. (7TYD4) is quoting a commercial item that they manufacture with a 56 day delivery. They are not listed as an approved source or in the IFSD.

Instructions were sent on how to submit a SAR package and it was explained the need to be registered in the IFSD.

The acquisition will be synopsized on or about April 2018 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 was on 3/17/17. On that contract, 50 each were purchased for each from the approved source, Logus Manufacturing Corp (09080). The price was determined fair and reasonable based off historical pricing and coded BG.

This NSN has been purchased six times since 2013 with all awards going to Logus Manufacturing Corp (09080). The quantities ranged from 11 each to 50 each with prices ranging from

This will be a stocked item. The estimated price of the solicited maximum quantity of 50 each will not exceed $750,000, requiring certified cost or pricing data. The estimated price of the solicited maximum quantity of 50 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: 30 each (Price Breaks up to 50 each)

8. Market Research/Efforts to Obtain Competition:

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

The buyer sent a market survey to Logus Manufacturing Corp. (09080) on 3/1/18. They completed and returned the survey on 3/9/18.

Total number of vendors contacted: 1

Names of vendors contacted and responding:

Logus Manufacturing Corp. (09080) responded with interest to submit an offer.

Techniques used to conduct survey:

The Market Survey was sent via email.

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

(FEB 2017)

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.

Summary of information received:

Logus Manufacturing Corp. (09080) is a small company who prefers to deal directly with the government. Logus will submit a proposal and will consider economical production quantities. They are listed in the IFSD. They are registered in SAM, which was verified by the buyer, as expiring on 10/11/2018.

A Sources Sought was posted on FEDBIZOPPS on 3/1/18 with a close date of 3/8/18. One response was received from A-INFO Inc (7TYD4). A-INFO Inc. (7TYD4) is quoting a commercial

They are not listed as an approved source or in the IFSD. Instructions were sent on how to submit a SAR package and it was explained that they need to be registered in the IFSD to be eligible for award.

Information received regarding the commerciality of the item(s): Logus Manufacturing Corp. (09080) stated on their Market Survey that this is not a commercial item. The COTS field in SRM is blank. A Google search returned no listings supporting the commerciality of this item. A search of GSA also yielded no listings.

9. Additional facts supporting other than full and open competition are:

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.

A DD-254 is required. Contractors are required to be listed in the ISFD to be eligible for award.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Logus Manufacturing Corp. (09080) A-INFO Inc (7TYD4)

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

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

4/11/2018

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2018.04.11 13:22:56 -04'00'

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

(FEB 2017)

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

The estimated total value of the J&A is $299,850 The estimated total value of the J&A, including top price breaks (50 each), is

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

ATTACHMENTS:

1) J&A from contract SPE7M517C0039

2) Market Survey