SPE7MC-18-R-0020_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC-18-R-0020

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

PRESSURE BELLOWS 4730-002941566 400 UNITS Each C

Identify end item, weapon system, or class of item: NSN: 4730-002941566 is a pressure bellow used on the F/A-18 Aircraft; Z9N weapon system. The F/A-18 Hornet Aircraft is a twin-engine multirole combat just designed bother as a fighter and attack aircraft. This pressure bellow is a critical application item that can be compressed when pressure is applied or extended when in a vacuum.

ESTIMATED BASE VALUE _ __

ESTIMATED TOTAL VALUE (BASE + QTY RANGES)

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

[ X ] 10 U.S.C. 2304(c)(1) – Only available from one responsible source or a limited number of sources

a. Brief narrative supporting the situation and weapon system:

This is a DLA stock procurement of 400 each of NSN: 4730-002941566 going to DLA Depot SW3218 and DLA Depot SW3119.

• If restricted to the only source(s) of supply, include source(s) and CAGE code: FMH Aerospace (99755), and The Boeing Company (76301) and Fulton Bellows and Components (1RDH5)

The use of the authority cited is based on:

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

[ 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.

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. The Material Master in SAP shows the last technical review date for this item was on 09/19/2017. Based on the AMC/AMSC 1/C, the Government is not in possession of complete technical data and per the approved manufacturers part list available for this NSN, FMH Aerospace Corp. (99755), Fulton Bellows and Components, (1RDH5), and The Boeing Company (76301) are currently the only approved sources that possess the technical data necessary to manufacturer this item for DLA and military service.

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

[ X ] The acquisition will be synopsized on or about March 1, 2018 and will be posted for 15 days on the Federal Business Opportunities (FBO) website. At the completion of the synopsis period, the solicitation will be available on the DLA Internet Bid Board Site (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 other offers, past purchases of same item and cost and price data as obtainable on items similar to NSN 4730-002941566. If needed, other than certified cost/price data will be requested. Based on the mentioned techniques, the contracting officer anticipates the cost to the Government to be determined fair and reasonable.

• Market Research: Market Research was conducted on/during: January 31, 2018 – February 20, 2018. As previous procurements for this NSN were below the Simplified Acquisition Threshold, a previous J&A does not exist.

Market surveys to the three (3) approved sources for this NSN (FMH Aerospace (99755), and The Boeing Company (76301), Fulton Bellows and Components (1RDH5)), and three (3) previous awardees for this item (Linmarr Associates (1GX03), Ray Lofthouse dba Soldiers Supply (4YJC4) and Eagle Distributing Enterprises (366W6)). Market research also consisted of review of previous procurements and Internet research. A Sources Sought notice was posted to FBO from January 31, 2018 until February 7, 2018. No responses were received. A recent RFQ solicitation SPE7M318T1145 issued as simplified purchase acquisitions.

• RFQ SPE7M316T1145 was issued on 11/14/17 with a closing date 11/24/17. Although there were 15 quotes received, there were four (4) acceptable offers received from the one manufacturer and three dealers offering the product of the each of the approved sources. Award was made in January 2018 to the approved manufacturer quoting.

• No alternate manufacturer offers were received on this RFQ.

Total number of vendors contacted: Six (6):

Names of vendors contacted and responding: Contacted and responded: FMH Aerospace (99755), and The Boeing Company (76301), Fulton Bellows and Components (1RDH5), Linmarr Associates (1GX03), and Ray Lofthouse dba Soldiers Supply (4YJC4).

Techniques used to conduct survey: Market surveys were e-mailed to contractors.

Types of information requested: Type of business, size of business, commerciality, FOB location, inspection and acceptance location, and willingness to offer proposal.

Summary of information: A market survey response was received from Linmarr Associates (1GX03) indicated the following: they are a small business dealer for Cage: 99755; ; they are interested in the acquisition;

The survey from Ray Lofthouse dba Soldiers Supply (4YJC4) indicated the following: they are a small business dealer for Fulton Bellows, Cage: 1RDH5; the item is not commercial they are interested in the acquisition;

The survey from Fulton Bellows (35XG4) indicated the following: they are a small business manufacturer; the item is commercial; ;

they are interested in the acquisition;

The buyer requested Fulton Bellows provide additional information to confirm the commercial status for this part.

No response was received to this request. FMH Aerospace declined to submit a response and referred the buyer to Linmarr Associates. The Boeing Company advised they do not complete market survey requests. Eagle Enterprises did not respond to repeated requests for response.

An internet search was conducted for this NSN and approved part numbers. No additional information was obtained through an internet search.

The RFP solicitation will be issued with a delivery requirement of 180 days, FOB origin (FDT) and inspection/acceptance destination requirements.

Information regarding the commerciality of the item(s): Based on Internet research that did not reveal any commercial sales history or catalogs/brochures, AMC/AMSC of 1/C, blank SAP COTS status, and 0 results found on GSA Advantage site, and no response was received to the request for additional information from Fulton Bellows on their claim the item is commercial. NSN 4730-002941566, in accordance with FAR 2.101, is determined to be non-commercial. Previous procurements of this NSN have found this item 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. The Material Master in SAP shows the last technical review date for this item was on 09/19/2017. Based on the AMC/AMSC 1/C, the Government is not in possession of complete technical data and per the approved manufacturers part list available for this NSN, FMH Aerospace Corp.

(99755), Fulton Bellows and Components, (1RDH5), and The Boeing Company (76301) are currently the only approved sources that possess the technical data necessary to manufacturer this item for DLA and military service. NSN 4730-002941566 is designated as a critical application item.

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

Fulton Bellows and Components (35XG4) Linmarr Associates (1GX03) Ray Lofthouse dba Soldiers Supply (4YJC4)

• 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.

[ X ] The solicitation contains the DLAD Procurement Notes L04 and M06; Offers for Part Numbered Items and

Evaluation of 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.

Trevor P. Horn Date Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

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

ATTACHMENT:

1. Procurement History

03/05/2018