J A 7002175857 _Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M523R0032 / PR 7002175857

The use of the authority cited is based on 10 U.S.C. 3204(a)(1):

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

[X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

A Technical Referral was sent to the Product Specialist to validate the AMC/AMSC code and source of supply.

On 4/20/2023, the Product Specialist initially confirmed the AMC/AMSC for this NSN was 3/Z (Commercial).

This is a first time buy and upon research, DLA did not possess a Commercial Item Description (CID) on file. On 5/30/2023, the Product Specialist of Record contacted L3Harris/SPD requesting information on commerciality of this item as DLA has no technical data for this P/N.

On 5/30/2023, L3Harris/SPD responded that this item is not a commercial item.

Therefore, the Product Specialist of record re-evaluated this NSN and changed the AMC /AMSC to 3/D. There is one approved source for this NSN, L3Harris Maritime Power & Energy dba SPD Electrical Systems (30086) P/N CD750515.

There are no other sources of supply for this material.

The Product Specialist certified the above technical information, is complete and accurate on 7/18/2023.

DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source.

L3Harris/SPD (30086) is the only source that has the rights or data to manufacture this item.

L3Harris/SPD retain the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source.

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

[X] The acquisition will be synopsized for 16 days on or about July 28, 2023 on the DLA Internet Bid Board (DIBBS) and will be solicited for 30 days on or about Aug 14, 2023 on the DLA Internet Bid Board (DIBBS).

A Sources Sought was posted to https://SAM.gov on 5/4/2023 with a respond by date of 5/11/2023.

o No responses or inquiries were received from any interested party.

to 3/D. Item is not coded as a commercial product by the Product Specialist.

The AMC/AMSC is coded as a 3/D; Acquire, for the second or subsequent time, directly from the manufacturer. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation.

The AMC/AMSC code was certified as accurate by the Product Specialist on 7/18/2023.

Commerciality Summary:

After reviewing all market research, which includes contacting knowledgeable individuals (Product Specialist), use of market surveys, sources sought notices, procurement history, and research of the market through key words searches on the internet and database, the Contracting Officer has determined that it is in the best interest of the Government to proceed as a non-commercial item, using FAR Part 15 procedures in lieu of FAR Part 12.

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 are:

Jo-Kell (5V049)

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

Solicitation will be included, but is not limited to, the following Procurement Notes:

Solicitation will include, but is not limited to, the following Procurement Notes:

L04 Offers for Part Numbered Items M06 Evaluation of Offers for Part Numbered Items

This is a first time buy with no prior J&A. IAW DFARS PGI 206.303.2(B) does not apply.

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.

The estimated PR Value of this J&A is $ The estimated Maximum Value (at the top price break) of this J&A is $

Christine Boyer, Contracting Officer Date

APPROVAL/CERTIFICATION

Competition Advocate Date Date

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

Attachments Technical Certification Tech Referral

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2023.08.03 10:41:33 -04'00' 8/3/2023

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO DOUGLAS A.1230220

Date: 2023.08.03 15:18:36 -04'00'