JA_FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

COMMERCIAL IDPO PROJECT 1000067474

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 NSN/PN QUANTITY EST.VALUE AMSC

Headset-Microphone 5965014461483 207 $58,001.40 Q

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

Year Base 2 3 4 5 Total Quantity 207 207 207 207 207 1035 Est. Price Qty. Range 207-296 207-296 207-296 207-296 207-296 1035-1480 Est. Max. Price

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 7/20/2018, the product specialist certified that the source list and AMC/AMSC code of 3/Q are correct. The PS identified and verified that David Clark (71483) is the only known source that possesses the requisite data rights for this NSN and is uniquely qualified to manufacture this part and the only known active manufacturing source for this item.

Per the Product Specialist, the David Clark H10-26 aviation headset, P/N 12507G-30 or P/N 40074G-02, 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 5965014461483, 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. According to the Product Specialist, there are no other active manufacturing sources for this item.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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

David Clark Company Inc (71483)

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 Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary.

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

(X) The acquisition will be synopsized on or about September 2018.

(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 10/2017 for 400 units at $280.20 per unit from David Clark Co. Inc. (71483), the sole approved source. There have been 2 recent purchase orders dating to 7/2017 from David Clark, both for 400 units at $280.20 per unit. Prior to this, there were 18 orders off an LTC from David Clark, with dates ranging from 7/2014 to 5/2017, all for $280.20 per unit. The estimated price for this commercial IDPO project will also be at

The estimated annual demand from the materiel planner is 207 units per year, with a maximum estimated at 296 units per year. The project will be solicited for the base year plus four option years. The annual total estimated price is with a maximum annual estimated price of

. For the project life of five years, the estimated price is and a maximum of

8. Market Research/Efforts to Obtain Competition:

A Market Survey was sent to David Clark (71483), the sole approved source. 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) A market survey was conducted on 6/12/2018. A Sources Sought synopsis was posted on FedBizOpps on 6/28/2018 for 7 days with responses due by 7/5/2018.

b) Total number of vendors contacted: One (1)

c) Names of vendors contacted and responding: David Clark (71483) responded on 6/13/2018.

d) Techniques used to conduct survey: Email.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

e) Types of information requested: The market survey contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability and company size/profile. Specific information was requested regarding the commerciality of the product and the vendor’s desire to initiate an IDPO with option years.

f) Summary of information received: David Clark responded that they are a small business manufacturer that prefers to deal directly with the Government. They would be interested in either a large purchase or long term contract.

g) Information received regarding the commerciality of the item(s): David Clark stated on their market survey that this item is a commercial item that is catalog/price listed and available to the public.

h) No responses were received from the Sources Sought posting.

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) David Clark Co. Inc. (71483)

11. IAW DFARS PGI 206.303-2(b)(i)(B), the previous J&A must be attached. As the previous procurements have been below the Simplified Acquisition Threshold, a previous J&A does not exist. This item is subject to the following methods of locating additional sources: DLAD Procurement Note L04, Offer for Part Numbered 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.

Contracting Officer Phone Date

Christine Boyer Typed name of Contracting Officer

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2018.09.18 15:24:33 -04'00'

9/18/20182-7389

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Approval/Certification

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

The estimated price is and a maximum of

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer