JA_FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M5-19-R-X005

PR: 1000072188; IQC PROJECT: CM18317104

FOR OFFICIAL USE ONLY

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

[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 full and open competition basis.

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

ITEM DESCRIPTION NSN ADQ ADV AMC/AMSC PIC QCC

Connector, Receptacle 5935-01-370-4770 300 3 / R 2 DAA

Identify end item, weapon system, or class of item:

Aircraft, Stratofortress B-52 (04F) Aircraft, Stratolifter C/KC (05F)

This procurement is an Indefinite Quantity Contract (IQC) with one base year and four one-year options.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

Year Base Opt Year 1 Opt Year 2 Opt Year 3 Opt Year 4 Total Quantity 300 300 300 300 300 1500 Est Price Qty Range Est Max Price

IAW DFARS PGI 6.3, the previous J&A must be attached. All previous acquisitions have been below the Simplified Acquisition Threshold, so a previous J&A does not exist.

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.

The product specialist validated on 11/21/2018 that this NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/R. Meggitt (North Hollywood) Inc (79318) is the sole designer, developer, and integrator of these items. Meggitt is the only known firm that possess the technical data, drawings, and specifications necessary to fulfill the Government’s requirements. In addition, much of the technical data, material, and manufacturing processes required to manufacture these items were developed by Meggitt.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Meggitt (North Hollywood) Inc (79318) P/N 153128

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 R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

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

[X] The acquisition will be synopsized on or about 2/1/2019 [X] The acquisition will be solicited on DIBBs for 30 days.

[X] A Sources Sought was posted to FBO from 11/21/2018 to 11/28/2018.

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

The most recent procurement was purchase order SPE7M519V1479 dated 11/6/2018 for 146 units at unit and was based on contractor’s analysis of historical contract pricing (PRC BG). There have been 20 prior purchases dating from 11/3/2014 to 11/6/2018. The quantities have ranged from 20 to 227 units and prices have ranged from . Pricing has been fairly consistent, regardless of quantity.

This IQC will have one base year with four one-year options. The estimated annual quantity will be 300 units, with a minimum of 15 units and maximum of 390 units per year. In total, the estimated quantity will be 1500 units, with a minimum of 75 units and a maximum of 1950 units. IAW FAR 19.702(a)(1) a subcontracting plan will be required as the estimated value will exceed $700,000. IAW FAR 15.403-4, Certified Cost or Pricing Data will not be required as the estimated maximum value will not exceed $2 million.

Negotiations may be used pending price analysis and competition.

Length of contract: IQC with one base year and four one-year options.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on 11/21/2018, no responses were received. In addition to the sources sought, a market survey was sent to Meggitt for their completion. No response was received. All relevant information obtained by the buyer was from review of previous acquisitions on this NSN.

Techniques used to conduct survey [X] Market Research was e-mailed to the sole approved source Meggitt.

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, and EDI capability. Long Term Contract related questions asked include: whether the company is interested in an LTC, if a one-year base period with four one-year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data. Other questions asked include: whether it would be beneficial to combine NSNs, whether the product is commercial, whether prices were published, whether prices would be included for transportation charges if the item requires FOB Destination, and whether the government would see any savings. Delivery questions were asked regarding phased delivery, and maximum quantity.

Summary of Markey Survey Information Received: None

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

The Material Master (MM03) states this item is not commercial. Review of previous procurements and Meggitt’s previous offers did not indicate this is a commercial part. A search on both Google and GSA Advantage found no listings. A search on websites for Meggitt did not find this part listed.

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. The Government does not have the data to manufacture this item and this is a CAGE and part number purchase. All interested parties wishing to submit an offer must submit a SAR data package for review by the cognizant ESA.

10. A listing of sources, if any, indicating an interest in the acquisition is: None

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

[X] Solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items and Procurement Note L04, Offers for Part Numbered Item.

All offers submitted will be considered and evaluated based upon the requirements as stated within the solicitation.

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

BOYER.CHRISTINE.D.

1249699639

Digitally signed by

BOYER.CHRISTINE.D.1249699639

Date: 2019.01.28 15:08:34 -05'00' 1/28/2019

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.02.11 16:14:22 -05'00' 2/11/2019

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