SPE7M820R0008 JA reviewed Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M8-20-R-0008

PR: 1000083788

NSN: 5930-00-246-9757

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: Switch, Sequencing

NSN/PN: 5930-00-246-9757

TOTAL ESTIMATED ANNUAL QUANTITY: 654 units ESTIMATED (3 year) IQC BASE VALUE:

Contract will be an IDIQ with a 3 year base and two one-year option periods.

AMSC: C

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

42F – Aircraft, T-37 21F – Aircraft, Freedom Fighter F-5 41F – Aircraft, T-38 DAN – MQ-4C Triton UAS

XHN – F5

This NSN is a Sequencing Switch. This switch, per the Northrop Grumman drawing 2-40902, is a particular type of landing gear switch assembly to be used for sequencing and indication of a landing gear system on airplanes built by the Northrop Corporation. Review of the item indicated that this NSN is a Critical Application Item, but not a Critical Safety Item.

ESTIMATED (3 year) BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS): $

MAXIMUM CONTRACT VALUE:

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.

PR: 1000083788

NSN: 5930-00-246-9757

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

American Products Company (2B706) part number X27000 C H Hydraulics, Inc. (6N016) part number 109 Northrop Grumman Systems (79U29) part number 2-40902-5 Northrop Grumman Systems (79U29) part number 3-41700-503

The use of the authority cited below:

[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 January 28th, 2020. The Product Specialist stated that the AMC/AMSC coding of 1/C is correct, with the last review on 1/28/2020. Northrop Grumman owns the drawings for this item, with the US Government having the rights to use the available data. However, the data available is only a partial data package and the current data is incomplete for competition at this time. American Products Company (2B706), C H Hydraulics (6N016), and Northrop Grumman Systems (79U29) remain the only approved sources for this procurement at this time. APC, C H Hydraulics and Northrop Grumman are currently the only sources known to possess the requisite data to manufacture this item. Even though a source and approved part number is provided, the items furnished must meet the requirements of the cited drawing. 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 3/23/2020.

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

No inquiries regarding the synopsis have been received as of 3/26/2020.

PR: 1000083788

NSN: 5930-00-246-9757

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

Formal C/P Data will be required because the current estimated contract price is above 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: February 6, 2020. A Sources Sought notice was posted to the FBO on February 13, 2020. The Sources Sought notice had a response date of February 20, 2020.

Total number of vendors contacted: 3. The vendors contacted were: American Products Company (2B706), CH Hydraulics (6N016) and Northrop Grumman Systems (79U29).

American Products Company (2B706), CH Hydraulics (6N016) and Northrop Grumman Systems (79U29) were contacted as they are the approved sources for this NSN.

Names of vendors contacted and responding: from American Products Company (2B706) was contacted on February 6, 2020. No response has been received back from anyone at APC as of March 26, 2020.

at CH Hydraulics (6N016) was contacted on February 6, 2020. stated on February 11, 2020 that she would try and get a response back to me as soon as possible. No additional response has been received as of March 26, 2020. at Northrop Grumman Systems (79U29) was contacted on February 6, 2020. As of March 26, 2020, no response has been received by anyone at Northrop Grumman.

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

February 13, 2020. 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:

No information was received back from the market survey requests.

Sources Sought Notice results:

PR: 1000083788

NSN: 5930-00-246-9757

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: The item has been determined non-commercial due to lack of evidence in the market research as no responses were received back. The Commercial Off-the-Shelf (COTS) field in the CTDF is “Blank” and there is no commercial sales history. Based on this information, the Contracting Officer has determined that this item is not a commercial item.

10. A listing of sources, if any, indicating an interest in the acquisition is: None.

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. All of the prior purchases of this item were for simplified acquisitions, so there was no prior J&A available to attach IAW DFARS PGI 206.303-2(b)(i)(B).

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.

_________________________________________ March 31, 2020 Contracting Officer Date

POE.HERMAN.LEE.JR.

1214625691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2020.03.31 14:14:19 -04'00'

PR: 1000083788

NSN: 5930-00-246-9757

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.04.02 08:05:53 -04'00'