SPE7MC-18-R-0021-reviewed__redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MC-18-R-0021

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

Fluid Pressure Regulating Valve

4810-013631952 350 C

Identify end item, weapon system, or class of item: NSN: 4810-01-363-1952 is a fluid pressure regulating valve used on the F-16 Aircraft; 26F weapon system. The F-16 Fighting Falcon Aircraft is a single-engine multirole fighter aircraft. This fluid pressure regulating valve is the seventh stage regulating flow valve used in the cockpit environmental systems on all United States Air Force F-16 Fighter Jets.

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:

If restricted to the only source(s) of supply, include source(s) and CAGE code: Meggitt (North Hollywood), Inc.

(79318)

The use of the authority cited is based on:

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

[ 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.

On 08/08/18, the product specialist confirmed the AMC and AMSC codes were correct and that Meggitt (North Hollywood), Inc. (Cage: 79318) is the sole approved source. The government does not possess the complete technical data and the sole approved manufacturer for this NSN is Meggitt (North Hollywood), Inc. (79318). This is the only current source that has the necessary technical information to manufacturer this valve for DLA and the military service.

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 August 3, 2018 and will be posted for 15 days. 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 past purchases of same item and cost and price data as obtainable on items similar to NSN 4810-01-363-1952. Certified cost/price data will be requested from the approved source. Based on the mentioned techniques, the contracting officer anticipates the costs to the Government to be determined fair and reasonable.

Market Research: Market Research was conducted on/during: March 23, 2018 – July 15, 2018. A previous J & A from RFP: SPE7MC16R0125 and contract SPE7MC18C0010 (attachment I) was reviewed. Market surveys were sent to Meggitt, Inc., (79318) as the approved source and previous awardee. Market research also consisted of previous procurements (attachment and Internet research. A Sources Sought notice was posted to FBO on May 9, 2018 until May 16, 2018. One response was received from Integrated Procurement Technologies asking what steps were needed to requalify Dukes Aerospace as an approved source for this NSN.

They provided a market survey as a distributor for Dukes Aerospace. The buyer noted to Integrated Product Technologies that Dukes Aerospace was notified of the necessary steps to requalify when they received notice that they were no longer an approved source. A recent RFQ solicitation, SPE7MC18T2654, issued as simplified acquisition.

RFQ SPE7MC18T2654 was issued on 11/25/17 with a closing date 12/05/17. Although multiple offers were received, only three offers were acceptable. This included an offer from the manufacturer and two dealers offering the product of the manufacturer. Award was made to the manufacturer.

No alternate manufacturer offers were received on this RFQ.

Total number of vendors contacted: One (1):

Names of vendors contacted and responding: Meggitt, Inc. (79318).

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: The market survey response was received from Meggitt, Inc. which indicated they manufacturer this item and would be interested in a large purchase.

e item is not a commercial item.

From the sources sought notice, Integrated Procurement Technologies (4K0V2) did submitted a market survey showing they were a distributor for a previously approved source. They indicated the item is not a commercial item, they are interested in this solicitation, They were notified the manufacturer was advised of the steps required to requalify as an approved source.

The RFP solicitation will be issued with a delivery requirement of 460 days, FOB origin (FDT) and inspection/acceptance origin 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 3/C, blank SAP COTS status, and 0 results found on GSA Advantage site, NSN 4810-01-363-1952, in accordance with FAR 2.101, the contracting officer has determined this item to be non-commercial. Previous procurements of this NSN have found this item to be non-commercial.

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

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 11/08/2016. Based on the AMC/AMSC 3/C, the Government is not in possession of complete technical data and per the approved manufacturer part list available for this NSN, Meggitt, Inc. (79318) is the only current source that possess the technical data necessary to manufacturer this item for DLA and military service. Review of past buys shows Dukes Aerospace, (09445) as a previous source, however, they are no longer an approved source. Dukes Aerospace was removed as an approved source by ESA due to technical deficiency concerns with their item. NSN 4810-01-363-1952 is designated as a critical application item and currently requires Item Unique Identification (IUID).

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

Meggitt, Inc. (79318) Integrated Procurement Technologies (4K0V2)

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.

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

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.

Matthew Kirk Date Contracting Officer

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

ATTACHMENT:

1. Justification and Approval for SPE7MC16R0125

2. Internet Research and Procurement History

KIRK.MATTHEW.

M.1073378261

Digitally signed by

KIRK.MATTHEW.M.1073378261

Date: 2018.08.13 10:04:37

-04'00'

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2018.08.15 13:34:24 -04'00'