SPE7M818R0016_JA_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M8-18-R-0016

PR: 0072592832

NSN: 5865-01-559-5128

DPACS pdp127 (JUNE 12)

ORIGINAL

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: Dispenser, Countermeasures

NSN/PN: 5865-01-559-5128

QUANTITY: 20

ESTIMATED VALUE:

AMSC: C

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

VUN – Aircraft, Hornet F/A-18 (E/F) Z5N – EA-18G (Growler) Z9N – Aircraft, F/A-18, A-D, E/F, G (Growler)

This NSN is a Countermeasures Dispenser. No information was available regarding the application of this item on the weapon system. Review of the item indicated that this NSN is not a Critical Application Item or a Critical Safety Item.

ESTIMATED BASE VALUE: (no options)

ESTIMATED TOTAL VALUE (BASE + OPTIONS): N/A

MAXIMUM CONTRACT VALUE: $ (with price breaks up to 25 EA)

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING: N/A

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

Raytheon Company (49956) part number G555561-6 Meggitt Defense Systems (62228) part number 908600-3 Boeing Company (76301) part number 74-870311-219

PR: 0072592832

NSN: 5865-01-559-5128

DPACS pdp127 (JUNE 12)

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

[X] AMC 1 - Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

[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.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on February 5, 2018 and the AMC/AMSC was verified as being a 1/C. It was changed from a 3/H on May 17, 2016 IAW a memo dated 20 Dec 2012. There is no data package available to the Government so ownership cannot be adequately determined. Raytheon, Meggitt and Boeing remain the only approved sources for this procurement at this time. This is because they are currently the only sources known to possess the requisite data to manufacture this item, and also have the manufacturing capability and knowledge to produce this item. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Any alternate source must qualify in accordance with the design control activity’s procedures, as approved by the cognizant government engineering activity.

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

(X) The acquisition was synopsized on 2/12/2018.

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

Formal C/P Data will not be required because the current estimated contract price is below the price threshold of $750,000 (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The acquisition specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary. Negotiations may take place in an effort

PR: 0072592832

NSN: 5865-01-559-5128

DPACS pdp127 (JUNE 12) to comply with DoD Material Cost Reduction Initiative. An option quantity will not be used for this procurement.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during: January 30, 2018. A Sources Sought notice was posted to the FBO on January 30, 2018. The Sources Sought notice had a response date of February 6, 2018.

Total number of vendors contacted: 3. The vendors contacted were: Raytheon Company (49956), Meggitt Defense Systems (62228) and Boeing Company (76301).

Raytheon Company (49956), Meggitt Defense Systems (62228) and Boeing Company (76301) were contacted as they are listed as the approved sources of this NSN. Meggitt Defense Systems has received all of the recent orders of this NSN.

Names of vendors contacted and responding: Government Sales from Boeing Company (76301) was contacted on January 30, 2018. They responded back on January 30, 2018 stating that Boeing is currently unable to respond to Market Surveys. from Raytheon Corporation (54X10/49956) was contacted on January 30, 2018. No response has been received from Raytheon as of February 14, 2018. from Meggitt Defense Systems (62228) was contacted on January 30, 2018. from Meggitt responded to the survey on February 3, 2018, and from Meggitt responded on February 5, 2018.

Techniques used to conduct survey:

1. The market survey was sent via email.

2. Sources Sought- DAG 10.002-102(C)(vii) : Published a “sources sought” synopsis in the

FedBizOpps on January 30, 2018. A copy of the market survey was also attached to the sources sought notice.

Types of information requested: Business size, manufacturer or dealer, are these commercial items, are these catalog/price listed items, inventory availability, willingness to quote, economical production quantities available delivery schedule, and willingness to accept quantity option.

Summary of information received:

Boeing Company responded on January 30, 2018 stating that at this time, Boeing St. Louis is unable to respond to market surveys.

from Meggitt Defense Systems responded on February 3, 2018. He stated that Meggitt could manufacture their listed part number.

However, he didn’t provide any of the other information requested in the market survey.

from Meggitt Defense Systems responded on February 5, 2018. She stated that Meggitt is a large business, and a

PR: 0072592832

NSN: 5865-01-559-5128

DPACS pdp127 (JUNE 12) distribution network, but prefer to deal directly with the Government. They supply these parts to the Government only, and they are interested in quoting on this requirement.

Sources Sought Notice results:

No responses were received regarding the Sources Sought notice.

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: Meggitt Defense Systems (62228).

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

(X) The solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items (Aug 2016), which provides the process for offering an item other than those identified in the item description.

12. J&A for last large buy procurement from solicitation number SPE7M8-16-R-0036, contract number SPE7M8-17-C-0001 is attached.

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 $700,000.00 this signature serves as the approval.

__________________________________________ 2-2865 2/14/2018 Contracting Officer

Phone Date ____ Herman L. Poe ______

Typed name of Contracting Officer

POE.HERMAN.LEE.

JR.1214625691

Digitally signed by POE.HERMAN.LEE.JR.1214625691 Date: 2018.02.14 10:41:11 -05'00'

PR: 0072592832

NSN: 5865-01-559-5128

DPACS pdp127 (JUNE 12)

Approval/Certification

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

Competition Advocate Phone Date Signature

Head of the Contracting Activity (HCA) Date Signature

Senior Procurement Executive (AQ) Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

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

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)