J&A_SPE7MX16R0049.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-16-R-0049

[X] ORIGINAL

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

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

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

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

Grouping CLIN NSN Item UI AMC AMSC ADQ Milton

ADV

FAR Part 12 0001 5920008932831 DISCHARGER,ELECTROS EA 3 D 261 FAR Part 12 0002 5985001161944 SLEEVE,ANTENNA SUPP EA 3 C 80 FAR Part 12 0003 5985004011895 MAST EA 3 R 19 FAR Part 12 0004 5985010584333 SUPPORT,ANTENNA EA 3 C 34 FAR Part 12 0005 5985010913687 PARTS KIT,ANTENNA EA 3 R 43 FAR Part 12 0006 5985012241851 SLEEVE,ANTENNA SUPP EA 5 L 392 FAR Part 15 0007 5985013731538 ANTENNA EA 3 D 48 FAR Part 12 0008 5985014458073 BASE,ANTENNA SUPPOR EA 3 C 51 FAR Part 15 0009 5985014605521 ANTENNA EA 3 R 61 FAR Part 15 0010 5985015020040 ANTENNA EA 3 D 8 FAR Part 15 0011 5985015020051 ANTENNA EA 3 C 48 FAR Part 12 0012 5999003204342 PARTS KIT,ELECTRONI EA 3 R 152

Identify end item, weapon system, or class of item: These 12 NSNs are consumable spare parts that support various aircraft and helicopter systems. A complete list of weapon systems can be found in Attachment 1.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

4. 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.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Dayton Granger (55635)

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

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

[X] AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer.

The use of the authority cited is based on:

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

AMSC # NIINs AMSC Description

C 4

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.

For NSNs 5985001161944, 5985010584333, 5985014458073, and 5985015020051, Dayton Granger (55635) is the only source currently approved by the design control. They are the only known source to possess the requisite rights to technical data for these items.

D 3

The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

The Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data. Dayton Granger (55635) is the only approved source for these three NSNs: 5920008932831, 5985013731538, and 5985015020040.

*L 1

The annual buy value of this part falls below the screening threshold established by DoD components and field activities. However, this part has been screened for additional known sources, resulting in either confirmation that the initial source exists or that other sources may supply the part. No additional screening was performed to identify the competitive or noncompetitive conditions that would result in assignment of a different AMSC. This code shall not be used when screening parts entering the inventory. This code shall be used only to replace AMSC O for parts under the established screening threshold. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

The approved source list for NSN 5985012241851 has been evaluated by the military services’ Engineering Support Activity and Dayton Granger (55635) is the only company known to have the capability to manufacture this part.

R 4

The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

For NSNs 5985004011895, 5985010913687, 5985014605521, and 5999003204342, the Government does not have the data or rights to the data and it is not economical for the Government to obtain or otherwise develop the data. Dayton Granger (55635) is the only source known to own or possess the technical data necessary to manufacture these items.

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

*APPLIES TO LTCs - An Item identified by AMSC A, H, or L has been subjected to limited screening. The Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than the identified source. Items identified by AMSC A, H, or L on Long Term Contracts, are subject to annual review for possible assignment of a different or permanent AMSC. DLA Land and Maritime agrees to maintain a continual review of these items to ensure that an annual review at a minimum, in part to determine if new technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available during the solicitation evaluation phase will be removed from the acquisition requirement.

Any item determined after contract award to be competitively available may be deleted from the contract and re-solicited.

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

[X] The acquisition will be synopsized on or about March 2016.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

FAR Part 12 Grouping: Cost and Pricing Data is not required per FAR 15.402-1 (b) (3). These items are solicited i/a/w FAR 12—Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. The buyer may request information other than cost or price data to support price reasonableness if necessary.

FAR Part 15 Grouping: Cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. In addition to any audits completed, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable.

8. Market Research/Efforts to Obtain Competition: A Sources Sought was issued on FedBizOpps on 9/11/2014, for six days and there were no responses received. Market research was conducted by the Sourcing Strategy Branch, ZAA. The Sourcing Strategy Specialists (SSS) sent out surveys on 6/12/15 to Dayton Granger which was followed up and reviewed by the Contract Specialist. The market survey asked them to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones. A market research report was generated by David Hutt, DLA Land and Maritime ZAA. A summary of the only response received is below:

Dayton Granger (55635) Small Business Manufacturer Is interested in pursuing a long-term contract for any or all of these items

Stated items are commercial but they cannot provide un-redacted invoices

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

9. 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: Dayton Granger (55635)

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

[X] The solicitation contains the provision 52.217-9002 Conditions for Evaluation and Acceptance 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.

Brandy Warner – Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is . There are no past J&A’s available for review.

Competition Advocate Signature Date

4/19/16

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=WARNER.BRANDY.DANIELLE.1251897880 Date: 2016.04.19 09:10:45 -04'00'

COUTURE.MARY.E.

1230253613

Digitally signed by COUTURE.MARY.E.1230253613 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=COUTURE.MARY.E.1230253613 Date: 2016.04.22 15:38:49 -04'00'