J&A_SPE7MX17R0019.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0019

[X] MODIFICATION- a modification is issued to remove CLIN 0003 NSN 1710015443977, increase the contract maximum value, and update the AMC/AMSC for CLIN 0001, and to update the sourcing list for CLIN 0001 due to Murdock Webbing being added as an approved source.

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

2. The action being approved is the acquisition of supplies/services for aircraft launching gear and parts, desk-arrestor or similar gear and parts thereof on other than full and open competition basis. The NSNs are for the item name, shown below with the following FSG and FSC:

FSG 17 – Aircraft launching, Landing and Ground Handling Equipment FSC 1710 – Aircraft Arresting Barrier & Equipment

3. Weapon System Description Code (WSDC) Weapon System PFF Aircraft Arresting System (AAS)

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

CLIN NSN Item Name UI AMC AMSC Price Standard ADQ ADV

0001 1710-01-449-2810

Webbing Assembly, Barrier Aircraft Arrest EA 3 D 27

0002 1710-01-540-7602

Webbing Assembly, Barrier Aircraft EA 1 R 18

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. This acquisition will be unrestricted.

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:

CLIN NSN

Item Name - Cage/ Part Number

0001 1710-01-449-2810 MURDOCK WEBBING COMPANY, INC. 83219 P/N 8502251500C

VICTOR-BALATA BELTING COMPANY 87679 P/N 8502251320C

Engineered Arresting Systems 21439 P/N 52-W-1203-47

0002 1710-01-540-7602 VICTOR-BALATA BELTING COMPANY 87679 P/N VB HP30A 200

Engineered Arresting Systems 21439 P/N 299702

The use of the authority cited is based on:

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

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

CLIN 0001:

[X] AMSC D. 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. Because only Murdock Webbing Company (83219), Victor-Balata Belting Company (87679) and Engineered Arresting Systems Corporation (21439) possesses the complete technical data for the items listed, they are the only sources uniquely qualified to manufacture these items; therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302.

CLIN 0002:

[X] AMSC R. 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. However, the Quality Assurance Specialist advised that NIIN 015407602 the AMC/AMSC is assigned by the SAW (761) which is provided by the service. AMC/AMSC determined by the service is 3/R. For this item, Victor-Balata Belting Company (87679) and Engineered Arresting Systems (21439) are the only known sources to own/possess the technical data necessary to manufacture the item.

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

[X] The acquisition was synopsized on 12/12/2016.

[ ] 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.

a. 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 15.402-4 will be requested if the offeror’s proposal falls over the $700K threshold for obtaining cost data. 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 as required by FAR 6.303- 2(a)(7). For proposals that fall under the $700K threshold, the offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness.

b. Competition as well as price analysis will be used to determine price reasonableness. Price analysis by comparing proposed and past history pricing with comparable quantity adjusted by the PPI.

9. A Market Survey was conducted by the Sourcing Strategy Branch, ZZA. The survey was sent to the following contractors: Victor-Balata Belting Company (87679) and Engineered Arresting Systems (21439). 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/Origin preference, etc. The following response was received:

Victor-Balata Belting Company (87679) – POC:

Veteran Owned Small Business manufacturer, with approximately 12 employees, with a preference to deal with the Government.

Is interested in pursuing a Long-Term Contract for any or all of these items.

They do not have a parent company.

Responded that these NSNs are not commercial. They are willing and able to provide such proof, if the government determines it is needed to verify price reasonableness. The items are not Published Catalogs/price listed. The items are not modified items of a type available in the commercial market place.

Engineered Arresting Systems Corporation dba ZASA (21439) –

Large Business manufacturer, with approximately 150 employees, with a preference to deal with the Government.

Is interested in pursuing a Long-Term Contract for any or all of these items.

They do have a parent company, Zodiac U.S. Corporation, with 30,000 employees.

Responded that these NSNs are not commercial. They are willing and able to provide such proof, if the government determines it is needed to verify price reasonableness. The items are not Published Catalogs/price listed. The items are not modified items of a type available in the commercial market place.

A Sources Sought notice was published 7/07/2016 via the internet (at https://www.fbo.gov/) closing on 7/14/2016. The purpose of sources sought was to provide an opportunity to other potential sources to manufacture these 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.

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 items provided must meet the requirements of the cited technical data in addition to the requirements of the part numbered items listed on the solicitation.

[X] A standard technical data review was completed by the SAPD product specialist group and strategic sourcing specialist. During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSNs. Confirmation of sources for the NSNs were also completed and determined to be acceptable. No other sources or adequate technical data could be identified.

12. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Victor-Balata Belting Company (87679) and Engineered Arresting Systems Corporation (21439).

13. This items are subject to the following methods of locating additional sources:

[X] The solicitation contains Procurement Note L04 Offers for Part Numbered Items.

14. 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).

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

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: 2017.08.24 14:14:02 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.08.30 10:54:22 -04'00'