SPE7M918R0001_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M9-18-R-0001

Justification for Other Than Full & Open Competition (December 2011)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

The action being approved is the acquisition of supplies on other than a full and open competition basis.

The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Stator, Assembly 6105-00-949-3607 80 C

Identify end item, weapon system, or class of item: NSN 6105-00-949-3607, to be used as Class IX spare/repair parts by the US Navy in the operation of weapon systems (19F) F-15 Eagle. The approved sources are Ontic Engineering (45934) PN 21545-2 & PHT Aerospace (0KAA8) PN 965741-1.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (WITH PRICE BREAKS):

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.

If restricted to the only sources of supply, include source and CAGE code: Ontic Engineering (45934) PN 21545-2 & PHT Aerospace (0KAA8) PN 965741-1.

Ontic and PHT are the only known sources that possess the drawing and technical data rights for this NSN. The Government did not buy their proprietary rights to produce a competitive TDP.

The sources identified above has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. The use of incorrect material and/or improper process/quality control during manufacture would result in malfunctioning or complete failure of this item.

The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above:

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

The use of the authority cited is based on: (The following are condensed versions of the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[ 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.

Justification for Other Than Full & Open Competition (December 2011)

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

[X] The acquisition will be synopsized on or about 12/1/2017 and will run for 15 days. At the completion of the synopsis period the PR will be available via DIBBS for 30 days.

I hereby determine that the anticipated cost to the Government will be fair and reasonable. The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary.

Sources sought with an attached market survey posted to FedBizOps from 10/16/2017 to 10//20/2017. No responses were received in response to the posting.

A market survey was sent to Ontic Engineering (45934), they did not return a copy but responded to some of the questions via telephone. Ontic noted that they are a large business, owned by a parent company from the UK.

The item is non-commerical

A market survey was also sent to the prior awardee, (0KAA8) PHT Aerospace on 2/14/2017. PHT responded to the market survey and they indicated that they would be interested in supplying a proposal. They also indicated that they were a small business and the manufacturer of the item. The item was not considered a commercial item, This information was confirmed by the Product Specialist, , on 10/30/2017.

Information regarding the commerciality of the item(s): Based on past history review, response from the OEM on the market survey and Internet research that did not reveal any commercial sales history, catalogs/brochures, or established price list, blank SAP COTS field status, and market survey responses, and in accordance with FAR

2.101 this item is considered to be non-commercial.

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.

Based upon AMC/AMSC 1/C the data rights are now owned by Ontic Engineering and PHT Aerospace and as far as the buyer is aware, they are the only known source that possesses the technical data necessary to manufacture this item. This information was reviewed and confirmed by the Product Specialist, Daniel Gainey, on 30 October 2017. Prior J&A is attached for further review (See Attachment 1).

A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Ontic Engineering (45934) and PHT Aerospace (0KAA8)

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

Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program. The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

Justification for Other Than Full & Open Competition (December 2011)

[ X ] The solicitation contains the procurement note M06 entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items & L04 Offers for Part Numbered Items.

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.

Herman Poe Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

Attachment

1. Prior J&A

POE.HERMAN.LEE.

JR.1214625691

Digitally signed by

POE.HERMAN.LEE.JR.1214625691

Date: 2017.11.15 13:52:44 -05'00'