SPE7MX17R0059_-_J&A_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0059

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

[ 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:

CLIN NSN/P/N ITEM UNIT AMC AMSC WSIC ADQ EST.

VALUE

0001 3020011281692 GEAR CLUSTER EA 3 V F 203

0002 3040011412848 SHAFT,SHOULDERED EA 3 L T 21

0003 3040013995947 SHAFT,STRAIGHT EA 3 C L 208

0004 3040014113341 SHAFT,STRAIGHT EA 3 C L 197

0005 3040014113342 SHAFT,STRAIGHT EA 3 C L 108

0006 3040014113344 SHAFT,STRAIGHT EA 3 R L 12

0007 3040014133767 SHAFT,STRAIGHT EA 3 D L 310

*The Weapon System Indicator Codes of F, T, and L are level A, B, and C respectively, each referencing that failure will render end item inoperable. This grouping of NSNs supports the F-16 Weapon System.

Identify end item, weapon system, or class of item: These 7 NSNs are consumable spare parts that support various weapon system indicator codes as listed above.

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:

(0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC A Tech/Quality review has been completed for these NSNs 4/25/2016. The AMC/AMSC codes indicate that the items are code and part numbered to a specific CAGE and are not suitable for competition. Item validation by the Product Specialist of record confirms that (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC is in fact the only approved source.

The use of the authority cited below:

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

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

The use of the authority cited is based on:

[ 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.

For these three items, the sources identified by NSN below are the only sources currently approved by the design control. These are the only known sources to possess the requisite rights to the technical data.

CLIN NSN CAGE Source 0003 3040013995947 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC 0004 3040014113341 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC 0005 3040014113342 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC

[ 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.

The data for the NSN below is not within the government’s ability to obtain due to the economic limitations and the inability to create drawings or specifications the thoroughly meet the standard required fidelity necessary for the production of the items and their dependable use or end item interaction.

CLIN NSN CAGE Source 0007 3040014133767 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC

[ X ] AMSC L*. 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 NSN is below the government established threshold for review of items having a potentially adverse economic outcome. However, the sources identified by NSN below are the only sources currently approved and known sources to possess the requisite rights to the technical data.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

CLIN NSN CAGE Source 0002 3040011412848 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC

[ 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.

For this NSN, 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. The source for the item, identified by NSN below is the only source known to own or possess the technical data necessary to manufacture the item.

CLIN NSN CAGE Source 0006 3040014113344 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC

[ X ] AMSC V. This part has been designated a high reliability part under a formal reliability program. Probability of failure would be unacceptable from the standpoint of safety of personnel and/or equipment. The cognizant engineering activity has determined that data to define and control reliability limits cannot be obtained nor is it possible to draft adequate specifications for this purpose. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid.

The associated Weapon System Indicator Codes of F is identifies the highest level of component operational criticality of level A, which references that failure of the item will render the end item inoperable

CLIN NSN CAGE Source 0001 3020011281692 (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC

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

[ X ] The acquisition was synopsized on __January 10, 2017__________.

[ X ] Dealers of the manufacturers will be solicited.

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

This procurement shall be completed using FAR 15 procedures. Given that adequate price competition is not expected amongst independent manufacturers, and any proposal received shall likely exceed the TINA threshold of $750,000.00, certified cost or pricing data will be requested for the purpose of establishing a fair and reasonable price. In addition, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable. A fair and reasonable price determination is expected on the resulting contract for indefinite quantities over the period of not more than five years.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

8. Market Research/Efforts to Obtain Competition:

On 11/29/2016, a sources sought notice was posted on the Federal Business Opportunities website, and this effort produced no responses. Based on contract history, the original equipment manufacturer (OEM) does not quote directly to the government but continues to engage the government via dealer/distributors. Market surveys were sent to the OEM and known dealer/distributors to obtain information that may prove beneficial to the solicitation process. In this case, surveys were sent via electronic mail on 11/29/2016, to six companies and each company was followed up with on 12/8/2016 to further gain contractor input. Again, no responses were received. The procurement cannot absorb additional delays, so the solicitation shall be generated using a top-level market surveillance via previous contract actions. Market research is a continual effort throughout the acquisition life cycle. Should any additional information benefiting the government be discovered to aid in the issuance or amendment of the solicitation, then that information will be entertained and assessed of its value to the government at that time. A synopsis has be posted on the Federal Business Opportunities website on January 10, 2017.

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: (If none, so state) (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC

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

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

No further actions can be taken until such time the government determines that the items specification can be obtained economically. Until such time, all offers providing any part other than that of the approved part number from (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC are prohibited unless technically evaluated prior to the issuance of the solicitation. All sources other than (0AHP5) and (71791) CURTISS-WRIGHT CONTROLS, INC can only respond as a dealer/distributor. Records Management, the official contract file, was checked and the J&A for the previous contract cannot be located and attached for further review.

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

WARNER.BRANDY.DANIELLE.12

51897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

Date: 2017.05.01 13:13:03 -04'00'

DLA Land & Maritime Justification for Other Than Full & Open Competition

(DEC 2016)

APPROVAL/CERTIFICATION

The estimated total value of the J&A is

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

[ X ] $700,000 to $13,500,000 Competition Advocate

COUTURE.MARY.E.1230253613 Digitally signed by COUTURE.MARY.E.1230253613 Date: 2017.05.19 12:40:17 -04'00'