SPE7MX17R0087_-_Redacted(1).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX17R0087

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

(AUG 2016)

[ X ] 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:

BRIEF

DESCRIPTION

NSN ADQ AMC/AMSC PART

NUMBER

Battery, Storage 6140014002901 1172 3D 172BS112 1

NSN Estimated Annual Demand Value (ADV)

Estimated 3 Year Base Estimated 5 Year Total

– 3 Year Base with 2

Option Years

Contract Maximum

6140014002901

NSN 6140014002901 WEAPON SYSTEM

DTF AIRCRAFT, AIRLIFTER C-17A

This is not a follow-up contract. J & A’s from past procurements could not be found.

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: Acme Aerospace, Inc. (6HAR8)

The use of the authority cited is based on:

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

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[ 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 OEM is the only known source with the manufacturing knowledge and capability to produce the item in the quantity and to the quality needed by the Government. 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.

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

[ X ] The acquisition will be synopsized on or about 3/22/2017.

[ X ] Dealers of the manufacturers will be solicited.

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

(AUG 2016)

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 price analysis to include the analysis of other than cost or pricing data which may take the form of invoices of commercial sales, pricelists or should-cost analysis.

8. Market Research/Efforts to Obtain Competition:

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

A market survey was concluded on 3/20/2017.

Sources Sought was posted to FedBizOpps on 3/6/2017, closing on 3/15/2017. There were no responses to the FedBizOpps posting.

On 6/23/2016, the product specialist verified the technical information provided by the sourcing specialist to satisfy the requirements in accordance with FAR 6.303-2(c).

On 9/8/2015 a Market Survey for 3 NSNs was sent to 11 companies closing on 9/15/2015. Five companies responded: Pioneer Industries (66200), Kampi Components (7Z016), JBLSystems (5WRH4), ECI Defense Group, (3SDB5), and sole source OEM, Acme Aerospace, Inc. (6HAR8). Pioneer Industries and Kampi Components stated they are not interested in a LTC. JBL Systems and ECI Defense Group both stated they are interested in a LTC, they are dealers for Acme Aerospace, they are small businesses and . Acme Aerospace stated they are interested in a LTC, the items are a commercial type, On 8/10/2016 the buyer requested Acme to provide unredacted invoices for the 3 items to determine if they are of a commercial type.

On 2/23/2017 the Contracting Officer made the determination that the Acme military version of NSN 6140014002901 to be of a commercial type. However, additional research was requested by the Contracting Officer from the Engineer to give a cost comparison of the commercial vs. the military version of the item. On 3/2/2017, the Engineer, sent sufficient evidence for the Contracting Officer to make the determination to move forward with the procurement of NSN 6140014002901.

Therefore, the original project was cancelled and a new project was generated for NSN 6140014002901.

Additional market research was done and concluded on 3/20/17 - Acme Aerospace stated they are interested in a LTC; the items are a commercial type;

Acme Aerospace, Inc. (6HAR8) (a small business manufacturer) is the only source who can provide this type of item based on the following:

All who responded to market research stated they will be offering Acme’s part number;

An internet search in which no results were found;

A GSA search in which no results were identified;

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

(AUG 2016)

A Sources Sought in which there was no responses.

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: Acme Aerospace, Inc. (6HAR8)

11. To overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

[ X ] The solicitation contains Proc Notes L04 Offers for Part Numbered Items and M06 Evaluation 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.

PETERSON.GEORGE.D.12428317

Digitally signed by

PETERSON.GEORGE.D.1242831744

Dat_e_: 2017.03.2_1_1_6_:0_7_:2_5__0_4_'0_0_'

Contracting Officer, G. Douglas Peterson Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is $ (Contract Maximum).

Competition Advocate Signature, Mary Couture Date

Head of the Contracting Activity (HCA) Date Signature

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ X ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2017.04.24 17:35:13 -04'00'

BANKS.ROXANNE.

JARAMILLO.11560

04908

Digitally signed by

BANKS.ROXANNE.JARAMILLO.

1156004908 Date: 2017.05.09 18:06:51 -04'00'