JA_FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M519R0021

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

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: Circuit Card Assembly

NSN/PN: 5998-01-571-6123 QUANTITY: 231

EST.VALUE: AMSC: B

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

M777A2 Artillery System, WSDC 6FM

ESTIMATED BASE VALUE $

MAXIMUM CONTRACT VALUE

IAW DFARS PGI 6.3, the previous J&A must be attached. Both previous procurements have been below the Simplified Acquisition Threshold; therefore, neither had a J&A completed.

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. On 4/25/2019, the product specialist verified that Raytheon (37695) is the sole approved source and also verified the accuracy of the AMC/AMSC coding. Raytheon (37695) is uniquely qualified to supply this item because it is the only manufacturing source specified on the source control drawing. Raytheon is the only source that possesses the necessary technical data and/or data rights.

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

Raytheon (37695)

The use of the authority cited is based on:

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

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

(X) The acquisition will be synopsized on or about June 2019.

(X) Other (Explain): Will be posted to the DLA Internet Bid Board System (DIBBS).

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

There have been two historical procurements, both in March 2019. The procurements were for 135 and 139 units, both at $5368.92 per unit.

This will be a stocked item.

The estimated price of the solicited maximum quantity of 500 units will exceed $2 million, requiring certified cost or pricing data.

The estimated price of the solicited maximum quantity of 500 units will exceed $700,000, requiring a sub-contracting plan.

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

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

Quantity: 231 each

Estimated Contract Value:

8. Market Research/Efforts to Obtain Competition:

Market Surveys were sent to the approved source Raytheon (37695) and the authorized distributor Integrated Procurement (4K0V2). Additionally, a Sources Sought notice was synopsized in the Federal Business Opportunities (FedBizOpps) to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the government’s requirements.

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

A market survey was conducted on 4/25/2019 and a Sources Sought synopsis was posted in the FedBizOpps on 4/25/2019 for 14 days, with responses due on 5/9/2019.

Total number of vendors contacted: Two (2).

Names of vendors contacted and responding:

1) Raytheon (37695) was sent a Market Survey and responded 4/30/2019.

2) Integrated Procurement (4K0V2) was sent a Market Survey and responded 5/17/2019.

Techniques used to conduct survey:

a) Market surveys were sent via e-mail to the following sources:

1) Raytheon (37695)

2) Integrated Procurement (4K0V2)

Responses received from Sources Sought posted on FedBizOpps:

No responses were received

Types of information requested:

a) See Market Research/Survey (Attachment #1) for information requested.

b) Sources Sought notice contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist.

Summary of information received:

a) Raytheon (37695) responded on 4/30/2019 with a returned Market Survey. In summary, Raytheon is a large manufacturer that prefers to deal through their authorized distributor, integrated Procurement (4K0V2). This item is commercial and catalog listed,

b) Integrated Procurement (4K0V2) responded 5/17/2019, but did not return a completed Market Survey. IPT expresses interest to submit an offer.

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

The Material Master (MM03) states this item is not commercial. A search on both Google and GSA Advantage found no listings. A search on websites for Raytheon 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

1) Integrated Procurement (4K0V2)

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

(X) This solicitation will contain Procurement Note L22, Restriction of Alternate Offers for Source Controlled 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.

__________________________ (614) 692-4621 ________ Brian Kennedy Contracting Officer Phone Date Typed name

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is:

at the solicited quantity, at the top price break.

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

ATTACHMENTS

#1- Market Survey

KENNEDY.BRIA

N.J.1264859014

Digitally signed by

KENNEDY.BRIAN.J.1264859014

Date: 2019.06.20 13:01:25 -04'00' 6/20/19

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.06.25 15:08:31 -04'00'