J&A_-_SPE7MX16R0023_-_Redacted.pdf
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- SPE7MX16R0023
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justification for other than full and open competition
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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLICITATION SPE7MX-16-R-0023
[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 full and open competition basis. This project is comprised of ten “Source Controlled” NSNs from Federal Supply Class (FSC) 5930, managed by DLA Land & Maritime. This procurement is restricted to source(s) specified on “Source Controlled” drawing.
FSG 59 – Electrical and Electronic Equipment Components FSC 5930 – Switches
3. Identify Component/End Item - Weapon System Description Code (WSDC) /Weapon System:
CLIN NSN ITEM NAME
WEAPON
SYSTEM CODE
WEAPON SYSTEM
DESCRIPTION
0001 5930010854360 SWITCH,PRESSURE
27F
2VN
40A 44N 75F C2N C3N
ERN
ESN
ETN
MVA
TWA
YLN
YXA
Helicopter, HH-60 All Variations PAV FMS Australian MH60R Black Hawk Helicopter Lamps Mark III, SH-60B Helicopter HH-60 Helicopter MH60S Helicopter – MH-60S-FMS MH60RHelicopter – MH-60R Helicopter, Carrier Based ASW Helicopter Search and Rescue Helicopter, USCG HH-60L Medivac Helo, Elect Countermeasures Helicopter, Seahawk H-60 Aircraft Black Hawk
0002 5930010913787 SWITCH,PRESSURE
05A 17N 27F
2VN
32A 40A 41A 44N 75F C2N C3N
CFN
EEN
ERN
ESN
ETN
MVA
TWA
VHA
YLN
YXA
Helicopter, Chinook, CH-47 Aircraft, Hawkeye E-2C Helicopter, HH-60 All Variations PAV FMS Australian MH60R OH-58 Kiowa Helicopter Black Hawk Helicopter CH-53 Helicopter Lamps Mark III, SH-60B Helicopter HH-60 Helicopter MH60S Helicopter – MH-60S-FMS MH60RHelicopter – MH-60R Helicopter, MH-53E E2/C2 All Series Helicopter, Carrier Based ASW Helicopter Search and Rescue Helicopter, USCG HH-60L Medivac Helo, Elect Countermeasures Helicopter Observation, OH-58D Helicopter, Seahawk H-60 Aircraft Black Hawk
0003 5930011239388 SWITCH,PRESSURE
41N
CFN
CH-53 Helicopter Helicopter, MH-53E
CLIN NSN ITEM NAME
WEAPON
SYSTEM CODE
WEAPON SYSTEM
DESCRIPTION
0004 5930011263457 SWITCH,PRESSURE
41N
CFN
CH-53 Helicopter Helicopter, MH-53E
0005 5930011263458 SWITCH,PRESSURE
2VN
41N 44N C2N C3N
CFN
ERN
ESN
YLN
FMS Australian MH60R CH-53 Helicopter Lamps Mark III, SH-60B Helicopter MH60S Helicopter – MH-60S-FMS MH60RHelicopter – MH-60R Helicopter, MH-53E Helicopter, Carrier Based ASW Helicopter Search and Rescue Helicopter, Seahawk H-60
0006 5930011263459 SWITCH,PRESSURE
41N
CFN
CH-53 Helicopter Helicopter, MH-53E
0007 5930011396338 SWITCH,PRESSURE
27F
2VN
40A 44N 75F C2N C3N
ERN
ESN
MVA
TWA
YLN
YXA
Helicopter, HH-60 All Variations PAV FMS Australian MH60R Black Hawk Helicopter Lamps Mark III, SH-60B Helicopter HH-60 Helicopter MH60S Helicopter – MH-60S-FMS MH60RHelicopter – MH-60R Helicopter, Carrier Based ASW Helicopter Search and Rescue HH-60L Medivac Helo, Elect Countermeasures Helicopter, Seahawk H-60 Aircraft Black Hawk
0008 5930011427833 SWITCH,PRESSURE
41N
CFN
CH-53 Helicopter Helicopter, MH-53E
0009 5930012833743 SWITCH,PRESSURE ASS
41N
CFN
CH-53 Helicopter Helicopter, MH-53E
0010 5930011618189 SWITCH,PRESSURE
17N 27F
2VN
40A 44N 75F C2N C3N
EEN
ERN
ESN
YLN
YXA
Aircraft, Hawkeye E-2C Helicopter, HH-60 All Variations PAV FMS Australian MH60R Black Hawk Helicopter Lamps Mark III, SH-60B Helicopter HH-60 Helicopter MH60S Helicopter – MH-60S-FMS MH60RHelicopter – MH-60R E2/C2 All Series Helicopter, Carrier Based ASW Helicopter Search and Rescue Helicopter, Seahawk H-60 Aircraft Black Hawk
4. The supplies required to meet the using activity’s needs are described as follows:
CLIN NSN ITEM NAME UM AMC AMSC ADQ ADV
0001 5930010854360 SWITCH,PRESSURE EA 1 B 439
0002 5930010913787 SWITCH,PRESSURE EA 1 B 516
0003 5930011239388 SWITCH,PRESSURE EA 1 B 71
0004 5930011263457 SWITCH,PRESSURE EA 1 B 54
0005 5930011263458 SWITCH,PRESSURE EA 1 B 90
0006 5930011263459 SWITCH,PRESSURE EA 1 B 48
0007 5930011396338 SWITCH,PRESSURE EA 1 B 243
0008 5930011427833 SWITCH,PRESSURE EA 1 B 25
0009 5930012833743 SWITCH,PRESSURE ASS EA 1 B 41
0010 5930011618189 SWITCH,PRESSURE EA 1 B 499
Totals of both the Non-Set-Aside & Set-Aside Portions:
ESTIMATED ANNUAL VALUE:
ESTIMATED TOTAL VALUE (BASE + OPTIONS):
MAXIMUM CONTRACT VALUE:
Non-Set-Aside Portion:
ESTIMATED ANNUAL VALUE
ESTIMATED TOTAL VALUE (BASE + OPTIONS):
MAXIMUM CONTRACT VALUE
Set-Aside Portion:
ESTIMATED ANNUAL VALUE
ESTIMATED TOTAL VALUE (BASE + OPTIONS)
MAXIMUM CONTRACT VALUE
The subject solicitation is for the establishment of a fixed-price Indefinite Quantity Contract (IQC) with a three-year base period and two available one-year options. The items covered by this initiative will be procured under FAR Part 12 – Acquisition of Commercial Items. Offerors will be given the opportunity to submit pricing based on quantity break ranges.
This acquisition will be conducted using the procedures set forth at FAR19.502-3 Partial Set-Asides. The solicitation will be 50% Unrestricted and 50% Small Business Set-Aside. The entire acquisition is being solicited/competed under other than full and open competition procedures.
5. 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.
6. If restricted to the only source(s) of supply include source(s) and CAGE code: Eaton Aerospace, LLC. (02750) and Spectrum Associates, Inc. (55723)
The use of the authority cited is based on:
[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.
[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. Due to the criticality of the items, procurement is restricted to source(s) specified on “Source Control” drawing. If one source is available, AMCs 3, 4, or 5 are valid.
If at least two sources exist, AMCs 1 or 2 are valid. Eaton Aerospace, LLC. (02750) and Spectrum Associates, Inc.
(55723) are the only approved sources listed, has been evaluated by the military services’ Engineering Support Activity, and is currently the only sources known that are uniquely qualified to provide these items. Because only Eaton Aerospace, LLC. (02750) and Spectrum Associates, Inc. (55723) possesses the complete technical data for the items listed, they are the only sources uniquely qualified to manufacture this item; therefore, the entire acquisition is being solicited/competed under other than full and open competition procedures. In addition to the AMSC B, NSNs 5930010854360, 5930010913787, 5930011239388, 5930011396338, 5930011427833, and 5930011618189, are Critical Safety Items (CSI). Eaton Aerospace, LLC. (02750) and Spectrum Associates, Inc. (55723) are the only approved sources designated by the design control activity to provide these critical items.
7. Efforts to ensure that offers are solicited from as many sources as practicable are:
[X] The acquisition will be synopsized on or about 3/09/17.
[X] Dealers of the manufacturers will be solicited.
[X] Other. The solicitation will be posted and available on the DLA Internet Bid Board System (DIBBS), a web-based application that allows vendors to search and review RFPs.
8. I hereby determine that the anticipated cost to the Government will be fair and reasonable. This acquisition will include a 3-year base period and two 1-year option periods. Quantity ranges will be included for the NSNs to allow offerors the opportunity to provide quantity price breaks. Cost or pricing data in accordance with FAR 15.403-4 will not be requested as the acquisition falls under the exception at FAR 15.403-1(b) (3). The contracting officer will use price analysis and buy history to compare proposed unit prices to those of previously awarded acquisitions to determine that the contract award prices are fair and reasonable. In addition, the offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness.
9. Market Research/Efforts to Obtain Competition: A Sources Sought notice was published via the internet (at https://www.fbo.gov/) on 7/08/2015 with a close date of 7/15/2015. The purpose of sources sought was to provide an opportunity to other potential sources to manufacture the NSNs in order to promote competition. As part of the sources sought, the market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. No response was received. The Sourcing Strategy Branch ZAA conducted a Market Survey. The survey was sent to the following contractors on 7/07/15: Eaton Aerospace (02750), Spectrum Associates (55723), Sikorsky Aircraft (78286) and AAR Parts Trading (1Y249). The companies were asked, among other things, to provide their stock delivery, state if the items are quantity sensitive, state if the items are commercial, indicate what would be the optimum contract length (i.e., Base plus option period/years), FOB Origin/Destination preference, etc. The following responses were received:
Eaton Aerospace (02750) – POC: phone number (203) 796-6000, Eaton Aerospace responded to the initial m rvey on 7/13/15 and submitted an 3/17.
Large Business Manufacturer, with approximately 150 employees, with a preference to deal with the Government.
Is interested in pursuing a Long-Term Contract.
They do have a parent company (Eaton Corporation with 7125 employees).
They do have a commercial distribution network.
Responded that this NSNS are commercial. The items are not published catalogs/price listed and available to the public. These are modified items of a type available in the commercial market place. All 211C223 – Commercial Family Type and 6607 type for CLIN 0009. They can provide un-redacted commercial sales history, listing in catalogs or brochures and known established price list to commercial market place.
Spectrum Associates (55723) – POC: 203) 878-461 (No response was received on the initial sur . Spectrum Associates responded to the market survey on 1/26/17.
Small Business Manufacturer, with approximately 70 employees, with a preference to deal with the Government.
Is interested in pursuing a Long-Term Contract.
They do not have a parent company.
They do not have a commercial distribution network.
Responded that the NSNs are not commercial. The items are not published catalogs/price listed and available to the public.
Sikorsky Aircraft (78286) – POC: (203) 383-7563 No response was received to the initial survey sent on 7/07/15 or follow-up on 1/2
AAR Parts Trading (1Y249) – POC (630) 227-2925 No response was received to the initial survey sent on 7/07/15 or follow-up on 1/26/17.
10.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 complete and cannot be developed to permit full and open competition. However, the item provided must meet the requirements of the cited technical data in addition to the requirements of the part numbered item listed on the solicitation.
[X] A standard technical data review was completed by the SAPD product specialist group and strategic sourcing specialist on 9/23/15 and again on 12/14/16. During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSNs. Confirmation of current sources for the NSNs was also completed. No new sources or adequate technical data could be identified.
11. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Eaton Aerospace, LLC. (02750) and Spectrum Associates, Inc. (55723)
12. This item is subject to the following methods of locating additional sources:
[X] The solicitation contains the Procurement Notes L04 entitled “Offers for Part Numbered Items” & M06 entitled “Evaluation of Offers for Part Numbered Items.”
13. J&A’s from previous procurements are not available as the aggregate total dollar value of orders does not exceed the Simplified Acquisition Threshold (SAT). The previous buy history shows the items were previously procured as manual procurements under the Simplified Acquisition Threshold (SAT) and using the Procurement Automated Contract Evaluation (PACE) system.
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.
Brandy Warner, Contracting Officer & Date
This justification has been reviewed for legal sufficiency:
DLA Land and Maritime Counsel & Date
APPROVAL/CERTIFICATION
I have reviewed and approve this justification. The estimated total value of the J&A is
Competition Advocate Signature & Date
WARNER.BRANDY
.DANIELLE.125189
Digitally signed by
WARNER.BRANDY.DANIELLE.1
251897880 Date: 2017.02.22 10:46:01 -05'00'
Date: 2017.02.22 15:25:11 -05'00'
COUTURE.MAR
Y.E.1230253613
Digitally signed by
COUTURE.MARY.E.1230253613
Date: 2017.02.28 14:56:08 -05'00'
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