JA_SPE7M518RX008_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NSN 5965-01-446-1516

IDC 1000067537 / Solicitation SPE7M518RX008

[ 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.

Simplified procedures will be used IAW FAR 13.5

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. BASE

VALUE

AMSC

Headset-Microphone 5965-01-446-1516 1888 Z

*Estimated Unit Price:

CONTRACT TYPE

Firm Fixed Price Indefinite Delivery Contract with a one-year base and four-one-year option.

The solicitation will use simplified procedures IAW FAR Part 13.5.

Estimated Base Value:

Estimated Total Value (Base + Options):

Maximum Contract Value:

Year Base 2 3 4 5 Total Quantity 1888 1888 1888 1888 1888 9440 Est. Price

Qty. Range Est. Max. Price

End Item Description, Weapon System, or class of item: Item is a headset, over the head, with microphone. It is used on the flight line and is the source of communication between pilots and technicians who wear the headsets and plug into the aircraft in order to talk with the pilot. There is no end item, this is a standalone piece of equipment designed to work with multiple aircraft used by the Air Force and Navy.

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:

IDC 1000067537 / Solicitation SPE7M518RX008

David Clark (71483)

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 5/25/2018, the buyer received confirmation from the Product Specialist of Record that the AMC/AMSC code of 3/Z is accurate. David Clark is the sole approved source for this NSN.

On 9/18/2018, the buyer received the following additional information from the Product Specialist:

The David Clark H10-60 aviation headset, P/N 40128G-01 is constructed with a patented Undercut Gel Ear Seals. This patented ear seal technology contributes to user safety and mission needs in two ways. First, when a user is required to wear a headset for extended periods, a comfortable ear seal allows the him or her to keep the headset on longer, without having to remove the headset to give the ears relief. The user is thus less likely to miss potentially mission-critical communications. Second, a comfortable ear seal not only blocks out noise that can affect the ear after long periods of exposure to heightened decibels, but it also allows the user to hear communications more clearly. This patented ear seal technology makes David Clark (71483) uniquely qualified to supply NSN 5965014461516, as per the Product Specialist it is the only known source that owns or possesses the necessary technical data/drawings and manufacturing knowledge capable of manufacturing the headset.

No responses were received from any interested party to the Source Sought posted on DIBBS ( 6/28/18). This includes no responses from any manufacturer/supplier offering comparable ear seals/and or headset.

According to the Product Specialist, there are no other active manufacturing sources for this item.

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

[X] The acquisition will be synopsized on or about 2018 and will be solicited on the DLA Internet Bid Board (DIBBS).

The solicitation will use simplified procedures IAW FAR Part 13.5.

IDC 1000067537 / Solicitation SPE7M518RX008

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

June 2018 was the last purchase for this NSN: SPE7M518PB033, 495 @ $313.65 each.

Based on the solicitation quantity, the Buyer expects a fair and reasonable price.

This is a commercial item. The David Clark headset is available to the public via Amazon.com.

IAW FAR 15.403-1(b)(3), Certified Cost/ Price Data will not be requested as this is a commercial item.

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

This data includes the historical prices paid for exact item, commercial market value 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:

David Clark (71483) replied on 6/19/2018 to a market survey that was sent on 6/12/2018.

o David Clark is interested in an IDC for P/N 40128G-01 or P/N H10-60 and o David Clark is a small business manufacturer.

o o Item is a commercial item; upon request, David Clark can provide a price catalog.

o

A Sources Sought was posted 6/28/2018 to FedBizOps with a respond by date of 7/5/2018.

o No responses were received from any interested party

Information received regarding the commerciality of the item(s):

o The Commercially Available -Off-The-Shelf (COTS) field in MM03

(SRM) shows NSN 5965-01-446-1516 is a commercial item.

o Research in GSA Advantage yielded no results for the H10-60. However, there were results for P/N H10-60H ($368.51 each).

o This item has two different part numbers. P/N H10-60 is the commercial

P/N and P/N 40128G-01 is the Government P/N.

o A Google search of the Amazon website shows the public can buy P/N

H10-60 for a price range of $305.49 - $414.25 (with shipping). Since the

IDC 1000067537 / Solicitation SPE7M518RX008 lowest price of $305.49 is from a company that is new to the Amazon Selling Website, the Buyer considers this price an “outlier”. Therefore, the price range considered is $360.00 - $414.25 each.

o Based on the above, this NSN is determined to be a commercial item.

Based on the above, this item is determined a Commercially Available-Off-The-Shelf (COTS) item, IAW FAR 2.101 Commercial (1)(ii) and COTS definition ;

Commercial item means --(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and—(i) Has been sold, leased, or licensed to the general public; or, (ii) Has been offered for sale, lease, or license to the general public;

COTS Item means--(1) Means any item or supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition in this section);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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 has not been developed at this time 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:

David Clark (71483)

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

[X] The solicitation will contain Procurement Notes L04/M06;

L04- Offers for Part Numbered Items

M06- Evaluation of Offers for Part Numbered Items

IDC 1000067537 / Solicitation SPE7M518RX008

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.

Brian Kennedy Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is __ ______________ at the top Price break)_____________

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X ] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

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

KENNEDY.BRIA

N.J.1264859014

Digitally signed by

KENNEDY.BRIAN.J.1264859014

Date: 2018.10.26 08:45:43 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2018.10.30 17:14:37 -04'00'