JA FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M519R0031

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: Antenna

NSN: 5985-01-263-0355 QUANTITY: 25

EST.VALUE: AMSC: C

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

F-16 Aircraft, WSDC 26F Engine, Aircraft, F100-PW-100, WSDC BTF

Quantity price range: 20-50 each

ESTIMATED BASE VALUE

MAXIMUM CONTRACT VALUE

IAW DFARS PGI 6.3, the previous J&A must be attached. Please 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. On 9/12/2019, the product specialist has identified and verified that Ball Aerospace Technologies Corp (0ESR2) is the only known source that possesses the requisite data rights for this NSN with the capability to manufacture this part and the only known active manufacturing source for this item.

Ball’s CAGE 0ESR2 is obsolete and only maintained for heritage programs.

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

Ball Aerospace Technologies Corp (0ESR2)

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 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.

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

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

The most recent procurement was in 1/2019, which was for 40 units at per unit from Ball Aerospace Technologies Corp (13993), another CAGE for the approved source CAGE 0ESR2.

There have been five historical procurements, with dates from 6/2013 to 1/2019, quantities ranging from one to 40 units and pricing from $38,548 to $78,336 per unit. All procurements have been from Ball (13993). The estimated price for this procurement will be the

This will be a stocked item. The estimated price of the solicited maximum quantity of 50 units will not exceed $2 million, so certified cost or pricing data is not required.

The estimated price of the solicited maximum quantity of 50 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 price range; 20-50 each

Estimated Contract Value:

Maximum Contract Value:

8. Market Research/Efforts to Obtain Competition:

A Market Survey was sent to the approved source, Ball Aerospace Technologies Corp (13993).

Additionally, a Sources Sought notice was posted on the Federal Business Opportunities (FedBizOpps) website 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 9/11/2019 and a Sources Sought synopsis was posted in the FedBizOpps on 9/11/2019 for 14 days, with responses due on 9/25/2019.

Total number of vendors contacted: One (1).

Names of vendors contacted and responding:

1) Ball Aerospace Technologies Corp (13993) was sent a Market Survey, and it was returned on 9/25/2019.

Techniques used to conduct survey:

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

1) Ball Aerospace Technologies Corp (13993)

Responses received from Sources Sought posted on FedBizOpps:

One interested party responded: Werbel Microwave (78YZ0) on 9/25/2019.

Types of information requested:

a) See Market Research/Survey (Attachment #2) 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) Ball Aerospace (13993) is a large manufacturer that prefers to deal directly with the Government and is willing to submit an offer. This item is not commercial or

b) Werbel Microwave (78YZ0) did not provide any information about this part or their willingness to submit an offer. On the email, it appears their response was a mistake as they manufacture directional couplers and power dividing networks. Although the likelihood of receiving an offer from Werbel is low, they will still be included on the interested parties list. As well, a SAR form with directions on submitting alternate offers was sent to Werbel on 10/3/2019.

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

The Material Master (MM03) states this item is not commercial. Ball stated on their Market Survey this is not a commercial part. A search on both Google and GSA Advantage found no listings. A search on websites for Ball 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)

Ball Aerospace (13993) Werbel Microwave (78YZ0)

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

(X) This solicitation will contain Conditions for Evaluation and Acceptance of Offers for Part Numbered Items, Procurement note L04 / M06

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) 692-7389 ________ Christine Boyer 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

( ) Up to $700,000 Contracting Officer

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

ATTACHMENTS

#1- Previous J&A, SPE7M117R0027

#2- Market Survey

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2019.10.03 16:29:59 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.10.04 13:23:21 -04'00'

10/3/2019

614-692-3760 10/4/2019