SPE7MC15R0081_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC15R0081

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 NSN/P/N QUANTITY EST. VALUE AMSC

Check Valve 4820010396715 25 C

ESTIMATED TOTAL VALUE (AT HIGHEST QUANTITY PRICE BREAK OF 35):

This Check Valve supports the E-3A AWACS Aircraft weapons system. A Check Valve is a valve that normally allows fluid (liquid or gas) to flow through it in only one direction.

The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

4. The approved sources for this NSN are Transdigm Inc. (96124) P/N 217300-7 and The Boeing Co. (81205) P/N10-60526-7. This NSN requires engineering source approval by the design control activity in order to maintain the quality of the part. Transdigm and The Boeing Co. are the only source that possesses the technical data required to manufacture this item.

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

The use of the authority cited is based on:

(The following AMSC descriptions are available in DFARS PGI 217.7506 Part 2.)

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.

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

The acquisition will be synopsized on Fed Biz Ops on or about 5-20-15 and will be posted for 15 days. At the completion of the synopsis period, the requirement will be solicited on the DLA Internet Bid Board System for 30 days.

Dealers of the manufacturer will be solicited.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Price analysis using past contract history will be performed, and negotiations will be conducted to address price as well as delivery.

Other than cost or pricing data may be requested if necessary in order to determine the price fair and reasonable. It is anticipated that the price will be determined fair and reasonable based on price analysis and negotiations. A one time, firm fixed price award will be made for the quantity of 25 each.

7. A market survey was conducted during March 13-18 and May 8-18, 2015.

Total number of vendors contacted: two.

Names of vendors contacted: Transdigm Inc. CAGE 96124, The Boeing Co. CAGE 81205 Techniques used to conduct survey:

• In accordance with DFARS PGI 206.302-1(d), a Sources Sought Notice was posted to Fed Biz Ops for the period of 5-8 to 5-18-15. No inquiries were received in response to the Sources Sought Notice.

• The NSN was reviewed in Haystack and manufacturers of similar items were researched using the Thomas

Register. The Acquisition Specialist verified that the part is not on the GSA schedule. Past buys were reviewed in Records Management.

• A short form market survey was emailed to the approved manufacturers. One manufacturer, Transdigm, responded to the market survey on 3-16-15.

Types of information requested: The market survey requested information on company size and type, commerciality, lead time, economic production quantities, FOB and inspection preferences.

Transdigm Inc. responded to the market survey on 3-16-15. They are a large business manufacturer. They are interested in submitting an offer and

Information received regarding the commerciality of the item: Per the manufacturer, this is not a commercial part.

It is not stocked or price listed. It is not on the GSA schedule.

8. Additional facts supporting other than full and open competition are:

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. Date of the last technical certification is 12/04/14. The data presently available reflects the minimum needs of the Government. Transdigm and Boeing are the only known sources with the technical data and manufacturing capability to produce this NSN in the quantity and quality needed.The Government does not own the data or the rights to the data needed to purchase this part from additional sources.

9. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Transdigm (96124)

10. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

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 $650,000, this signature serves as the approval.

Katherine E. Seymour Contracting Officer 5-21-15

APPROVAL/CERTIFICATION

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

X Head of the Contracting Acitivity (HCA)

X Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $650,000 Contracting Officer

[ ] $650,000 to $12,500,000 Competition Advocate

[ ] $12,500,000 to $85,500,000 Head of Contracting Activity (HCA)

[ ] over $85,500,000 Senior Procurement Executive (AQ)