SPE7M820R0005 JA reviewed Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M8-20-R-0005

PR: 0080862012

NSN: 1260-01-630-4136

DLA Land & Maritime Justification for Other Than Full & Open Competition (Jan May 2018)

[X] 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: Interface Control Unit

NSN/PN: 1260-01-630-4136

QUANTITY: 25 units

ESTIMATED VALUE:

AMSC: R

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

WSDC LONG_NAME

26F AIRCRAFT, F-16

BTF ENGINE, AIRCRAFT, F100-PW-100 (F-15A/B/C/D)

This NSN is an Interface Control Unit used in the F-16 Aircraft. Review of the item indicated that this NSN is not a Critical item, nor is it a Critical Safety Item.

ESTIMATED BASE VALUE: (no options)

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

MAXIMUM CONTRACT VALUE: (with price breaks up to 35 units)

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:

Thales Visionix, Inc. (6ZJM6) part number A13748-22210

PR: 0080862012

NSN: 1260-01-630-4136

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

The Contract Specialist verified the AMC/AMSC for this procurement with Product Specialist on January 28, 2020. The Product Specialist updated the AMC/AMSC coding to a 3/R from the previous code of 4/R. No drawings or technical data are available for this item. Thales Visionix (6ZJM6) is cited as the approved source.

Thales Visionix is currently the only source known to possess the requisite data to manufacture this item.

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

[X] The acquisition was synopsized on 10/17/2019.

[X] The solicitation will be posted for 30 days.

No inquiries regarding the synopsis have been received as of 1/29/2020.

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 $2,000,000 (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 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: September 24, 2019. A Sources Sought notice was posted to the FBO on September 24, 2019. The Sources Sought notice had a response date of October 1, 2019.

Total number of vendors contacted: 1. The vendor contacted was: Thales/Thales Visionix (23386/6ZJM6).

PR: 0080862012

NSN: 1260-01-630-4136

Thales/Thales Visionix (23386/6ZJM6) was contacted as they are the approved source for this part, and have received all of the past orders for this NSN.

Names of vendors contacted and responding: from Thales/Thales Visionex (23386/6ZJM6) were contacted on September 24,, 2019. On September 27, 2019, responded stating that they were working to complete the requested market survey and requested an extension to October 11, 2019. I responded back the same day saying that was acceptable. On October 11, 2019, -requested another extension to October 18. I responded back on October 15th stating that was also acceptable. On October 17, she provided a response to the market survey request.

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

September 24, 2019. 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:

from Thales Defense & Security responded to the market survey request. She stated that Thales is a large business, and that they are the manufacturer of this item. She stated that this was a commercial item, and

She also stated that Thales would be interested in pursuing a contract for this part.

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.

[X] Other: Market research for the NSN indicates that this is potentially a commercial item, but is currently coded as not being a commercial off-the-shelf item. The commerciality information from Thales was referred to the product specialist on 11/6/2019 for a commerciality determination to take place. After review, the product

PR: 0080862012

NSN: 1260-01-630-4136

specialist determined the item as being non-commercial as the commerciality information contained redacted invoices, and the proof of sales only showed kit part numbers and not the part number contained in the solicitation.

Thales was contacted on December 13, 2019 to request unredacted invoices and additional information. As of January 29, 2020, Thales has not provided the requested information to the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: Thales Defense & Security (23386).

11. The following actions are being taken to identify additional sources:

(X) Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items

(X) Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. Prior J&A from solicitation number SPE4A6-15-R-0771 is attached.

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.

_________________________________________ January 29, 2020 Contracting Officer Date

APPROVAL/CERTIFICATION

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

MAXWELL.BRIAN.

STEPHEN.1230183

Digitally signed by

MAXWELL.BRIAN.STEPHEN.123

0183828

Date: 2020.01.29 11:44:22

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