J&A_SPE7MX-17-R-0066_FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0066

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 a full and open competition basis.

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

NSN: 1240014925264

ADQ: 5,195

AMC/AMSC: 3Z

WSDC: C7N

Weapon System: Navy Expeditionary Programs Approved Source Name (CAGE): L-3 Communications Eotech, Inc. (1MLU1)

ESTIMATED ANNUAL VALUE:

ESTIMATED BASE PERIOD VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING: N/A

The included NSN is an optical sighting system employing holographic sighting technology for small to medium caliber weaponry for use in Navy Expeditionary Programs. L-3 Communications Eotech, Inc. (1MLU1) is currently the only approved sources.

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.

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. A demonstration that the proposed contractors’ unique qualifications or the nature of the acquisition requires use of the authority cited in paragraph 4:

L-3 Communications Eotech, Inc. is currently the only source with a part number approved by the design control activities. This is a commercial item and the approved part number is included in the source’s commercial catalog. The technical data necessary to manufacture this item is not owned or available to the Government to purchase the part from additional sources. 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.

If restricted to the only source(s) of supply, include source(s) and CAGE code:

L-3 Communications Eotech, Inc. (1MLU1)

The use of the authority cited is based on:

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

AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. 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.

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

The acquisition will be synopsized on or about March 14, 2017.

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.

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

This acquisition will include a three-year base period and two available one-year options. Quantity ranges will be included to allow offerors the opportunity to provide quantity price breaks. Price analysis will be performed to compare proposed unit prices to those of previously awarded acquisitions as well as the prices paid in the commercial marketplace. Certified cost or pricing data will not be required; however, additional pricing support data, such as commercial sales invoices, may be required if determined necessary. Award will only be made if prices are determined fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Market surveys were sent to L-3 Communication and small business dealer, Atlantic Diving Supply, Inc. (1CAY9). Internet searches were performed to gather information on additional manufacturing sources and commerciality. A Sources Sought notice was posted to the

FedBizOpps website on January 27, 2017 with a response date of February 3, 2017. Atlantic Diving Supply responded to the notice by providing an additional market survey. No other responses were received.

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

A market survey was conducted during 4/7/2016 – 2/3/2017.

Total number of vendors contacted: 2 Names of vendors contacted:

L-3 Communications Eotech, Inc. (1MLU1) Atlantic Diving Supply, Inc. (1CAY9)

Names of vendors responding:

Atlantic Diving Supply, Inc. (1CAY9)

Techniques used to conduct survey: A questionnaire and item detail spreadsheet was sent to vendors via email by the Sourcing Strategy Brach (SAPD-ZAA) and posted as an attachment to the Sources Sought notice posted to the FedBizOpps website.

Types of information requested: The market survey requested detailed company information, willingness to participate in a long-term arrangement, ability to supply cost or pricing data, item commerciality, inventory maintenance, applicable quantity price breaks, minimum requirements, materials used to manufacture the items, contract term, option periods and option year pricing adjustments.

Summary of information received:

Atlantic Diving Supply is a small business dealer has been the only source of supply for the included NSN since October 2007.

. The vendor indicated this item is considered commercial and included in published price lists and

L-3 Communications did not respond to the market survey.

Information received regarding the commerciality of the item(s): Atlantic Diving Supply indicated the item is commercial, maintained in inventory, and included in published catalogs/price lists. An Internet search of the approved part number reveals that the item is available for purchase in the commercial marketplace through multiple websites, including OpticsPlanet.com, Cabelas.com, and Amazon.com. Commercial pricing information is also available via the online sources.

The Contracting Officer searched Records Management for the Justification for Other Than Full and Open Competition related to the two previous Indefinite Delivery Purchase Orders for the included NSN (SPE7MX-14-D-5001 AND SPM7M9-08-D-5029); however, they were not available.

9. Additional facts supporting other than full and open competition are:

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. A technical and quality review was initiated by the SAPD Strategic Sourcing Specialists during the project development stage for this acquisition. During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSN.

10. A listing of sources, if any, indicating an interest in the acquisition is:

Atlantic Diving Supply, Inc. (1CAY9)

11. In addition to the specific pre-solicitation actions taken by SAPD-ZAA and the Contracting Officer to overcome barriers to competition, this item is subject to the following method(s) of locating additional sources:

The solicitation allows for submission and evaluation of alternate offers.

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. If not exceeding $700,000, this signature serves as the approval.

2-8352 ADAM D. SPEERT Phone Date Contracting Officer

02/28/2017

SPEERT.AD

AM.D.12301

71960

Digitally signed by

SPEERT.ADAM.D.1

230171960 Date: 2017.02.28 09:33:47 -05'00'

Approval/Certification

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

Competition Advocate Phone Date

COUTURE.MA

RY.E.1230253

Digitally signed by

COUTURE.MARY.E.12

30253613 Date: 2017.03.03 09:16:48 -05'00'