J&A6.302-1SPE7MX17R0028.pdf

SPE7MX-17-R-0028

Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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 on other than a full and open competition basis.

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

The subject solicitation is a 5-year IQC project for NSN: 4820-01-127-7224 which is a non-powdered flow valve used by the U. S. Military to refuel various types of aircraft. This item is designated as a critical application item and a DLA FY17 CORE ITEM. This project has an ADQ of 61 and AMC/AMSC code of 1/C, with estimated values are shown below.

NSN

ANNUAL

DEMAND

QUANTITY

(ADQ)

EST. ANNUAL

VALUE

EST. TOTAL

CONTRACT

QTY

EST. TOTAL

CONTRACT

VALUE

AMC AMSC

CONTRACT

MAXIMUM

4820-01-127-7224 61 183 1 C

ICP: DLA Land & Maritime

ESTIMATED ADV:

ESTIMATED TOTAL VALUE (3-Year+ 0 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:

Transdigm DBA Aerocontrolex (96124), Boeing (76301), and Rogerson Aircraft (04192).

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

(x) AMC 1. Suitable for competitive acquisition for the second or subsequent time, however only Transdigm DBA Aerocontrolex, Boeing, and Rogerson Aircraft at the time, possess the necessary technical data, production knowledge, and legal rights to the data to manufacture these ESA approved item.

The use of the authority cited is based on:

The NSNs listed in Section #3 above is available only from the coded source Transdigm DBA Aerocontrolex (96124), Boeing (76301), and Rogerson Aircraft (04192) bcause the Government does not possess the technical data, or data rights to facilitate full and open completion to production knowledge, and legal rights to the data to facilitate full and open competition to produce the required NSN.

The Government’s lack of data and/or data rights serves as Transdgm DBA Aerocontrolex, Boeing, and Rogerson Aircraft unique qualification requiring the use of other than full and open competition because these sources are the only sources that possess the data or data rights to produce these ESA approved items.

DLA Land and Maritime Product Specialist, , reviewed and confirmed the accuracy of the PID, AMC/AMSC, approved sources, and associated NSN data on February 8, 2017. The approved sources information for NSN: 4820-01-127-7224 is as follows:

NSN ITEM

APPROVED

CAGE

COMPANY

NAME

APPROVED PART

NUMBER

4820-01-127-7224 Valve, Lift – Check 04192 Rogerson Aircraft

41100-1

4820-01-127-7224 Valve, Lift – Check 96124 Transdigm DBA Aerocontrolex

716500-213

4820-01-127-7224 Valve, Lift – Check 76301 Boeing 74B580072-103

The NSN has an AMC/AMSC of 1/C which indicates that the Government 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 require acquisition of the part from the approved source.

Transdigm DBA Aerocontrolex (96124), Boeing (76301), and Rogerson Aircraft (04192) retain these 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. Only Transdigm DBA Aerocontrolex, Boeing, and Rogerson Aviation possess the rights to the technical data/drawings and/or the data itself necessary to produce the required item.

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

(x) The acquisition will be synopsized 15 days prior to solicitation issuance.

(x) Dealers of the manufacturer will be solicited.

(x) Other. (Explain) Sources Sought Notice posted to FedBizOps on 1/12/2017 and closed 1/19/2017.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be PPI based price analysis and/or the analysis of other than cost or price data such as informal cost break-downs and/or material invoices with final negotiated pricing reviewed in comparison with recent past buy history.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Other market research efforts include: A review of the purchase history, coordination with the DLA Land and Maritime Small Business Office. A Sources Sought was posted 1/21/2017 to FEDBIZOPS by ZCC Branch and closed 1/19/2017 with no responses received.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during: 11/5/2016 to 5/11/2016.

Total number of vendors contacted: ___4_____.

Names of vendors contacted: ECI Defense Group (3SDB5), Rogerson Aircraft Equipment Group (04192), Transdigm DBA Aerocontrolex (96124), and Boeing (76301), Names of vendors providing survey responses: Transdigm DBA Aercontrolex (96124), and ECI Defense Group (3SDB5) returned a completed survey.

Techniques used to conduct survey: _______Formal Market Survey, email and telephone.

Types of information requested: __________See Survey Results included_______________.

Summary of information received: See Survey Results included.

Information received regarding the commerciality of the item(s): See Survey Results

( ) was not conducted due to the unusual and compelling urgency of the requirement.

( ) was not conducted due to: _____________________________________________.

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:

ECI Defense Group (3SDB5) and Transdigm DBA Aerocontrolex (96124)

11. The following actions are being taken to identify additional sources:

(x) The solicitation contains DLAD Procurement Notes L04, “Offers for Part Numbered Items” and M06, “Evaluation of Offers for Part Numbered Items".

**On 5/3/2016 the Contracting Officer was advised by of DLA Land & Maritime Value Management (VEE) that no current Value Engineering projects at this time for the NSNs contained on this project and there are no additional new approved sources.

12. Other: In accordance with the recent DFARS/DFARS PGI 206.303-2 changes dated 4/20/2015 concerning “Additional J&A requirements for noncompetitive follow-on acquisitions”. A copy of the previous J & A document associated with SPE7LX14R0059 is included with this J & A to assist in approval authority in determining the planned actions to remove any barriers to competition cited on the previous justification were completed.

Market Survey Summary

Market Survey Results: The market research for this project was conducted by the Sourcing Strategy Branch ZAA with the Sourcing Strategy Specialists (SSS) attempting to conduct formal market surveys with approved sources Transdigm DBA Aerocontrolex (96124), ECI Defense Group (3SDB5), and Rogerson Aircraft Equipment Group (04192). ZAA Branch received a survey response from Transdigm DBA Aerocontrolex, but the survey was rejected by Boeing. Rogerson Aircraft was non-responsive to ZAA efforts. The initial survey was followed up and reviewed by ZAA Branch Acquisition Specialist , and ZCC Acquisition Specialist

. Rogerson Aircraft declined to complete the market survey or to participate, but deferred response to authorized distributor ECI Defense Group. Further research on ECI Defense shows that they are a dealer for Rogerson Aviation and have provided the required item to the Government in the past. The market survey responses for this project and the results of the survey are as follows:

Trandigm DBA Aerocontrolex (96124)

A detailed market survey was conducted with . The vendor’s survey responses and follow-on emails were completed in November 2015, and yielded the following data: Aerocontrolex is a division of Transdigm, and is a small business having 166 employees located in Painesville, Ohio. Aerocontrolex has a parent company of Transdigm Inc. with over 1500 employees and is a large business. Aerocontrolex is one of the approved sources for the NSN contained on this project, and has received many of the past buys for this item. This company has indicated that they would be interested in participating i

This contractor does not believe that the required item is a commercial item.

ECI Defense Group (3SDB5)

A detailed market survey was conducted with . ECI is a small disadvantaged business with 20 employees, and no parent company located in Lyles, TN. This Company states that they are one of the distributors for Rogerson Aircraft (04192) who is one of the approved sources for NSN contained on this project. ECI has stated an interested in pursuing a long term contract with DLA, with annual price adjustments for the contractual periods via percentage rates instead

This contractor does not believe that the required item is a commercial item

NSN: 4820-01-127-7224

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge.

__________________________________________ 2-0639______________________ Contracting Officer Phone Date

Scott D. Knowles___________________________ Typed name of Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

____________N/A______________________ _____________ Mary E. Couture Date DLA Land & Maritime - Competition Advocate

APPROVAL REQUIREMENTS

(x) Up to $700,000 Contracting Officer ( ) $700,000 to $13,500,000 Competition Advocate ( ) $13,500,00 to $93,000,000 Head of the Contracting Activity (HCA) ( ) over $93,000,000 Senior Procurement Executive (AQ)

KNOWLES.SCOTT.D.

1251897480

Digitally signed by

KNOWLES.SCOTT.D.1251897480

Date: 2017.04.03 11:25:21 -04'00'