JA FOIA.pdf

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M523R0023; Purchase request (PR): 7002360581

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

On 5/8/2023, the Product Specialist (see Attachment #1) certified that the technical information, including the AMC/AMSC and approved sources, is complete and accurate. The product specialist validated that this NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/N. Raytheon (05716) is uniquely qualified because they are the only known source with the data necessary to manufacture the item and has the necessary facility for the unique testing required on this NSN.

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

The acquisition will be synopsized on or about 6/21/2023 for 15 days. At the conclusion of the synopsis, the solicitation will post on the DLA Internet Bid Board System (DIBBS) for 30 days.

A Sources Sought was posted to SAM on 4/28/2023 for 15 days. No responses were received.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The most recent procurement was in 3/2023 for 50 units at $107,026.36 per unit and was based on the contracting officer’s analysis of certified cost or pricing data from the offeror (PRC BF).

This will be a firm, fixed price contract to a DLA Direct stocking location. IAW FAR 19.702(b), a subcontracting plan will be required as the estimated maximum value exceeds $750,000. Certified Cost or Pricing Data will be required as the estimated maximum value does exceed $2 million.

Negotiations may be used pending price analysis.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

Length of contract: A firm, fixed price contract for a definite quantity with no options will be issued.

7. Market Research/Efforts to Obtain Competition:

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

The Material Master (MM03) states this item is not commercial. Raytheon did not state this a commercial item on previous procurements. A search on both Google and GSA Advantage found no listings. A search on the website for Raytheon did not find this part listed. The product specialist did not state this a commercial or a commercial-of-a-type item. The Contracting Officer hereby determines that this item is not commercial.

A Sources Sought was posted on SAM from 4/28/2023 to 5/12/2023. No responses were received.

In addition to the Sources Sought, a market survey was sent to the sole approved source Raytheon (05716) on 4/29/2023, but no response was received as Raytheon will not respond to Market Survey requests. Due to the recency of the previous procurement and validity of the information received, the buyer can use the prior procurement’s documentation.

Techniques used to conduct survey [X] Market Research email was sent to Raytheon (05716)

Types of information requested: The market survey requested that companies provide answers to general questions 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 (see Attachment #2).

8. 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.

9. A listing of sources, if any, indicating an interest in the acquisition is:

None

10. 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.

11. IAW DFARS PGI 6.3, the previous J&A must be attached. See Attachment #3.

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 $750,000, 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 $750,000 Contracting Officer [X] $750,000 to $15,000,000 Competition Advocate

Attachments:

1. Product specialist certification

2. Market Survey

3. Previous J&A for solicitation SPE7M522R0007

PITMAN.ROY.

V.1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2023.06.15 13:38:01 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.06.20 13:55:19 -04'00'

6/15/2023

6/20/2023