SPE7MX17R0096_-_JA_for_Fed_Biz_Ops.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [SPE7MX17R0096]

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:

CLIN NSN ITEM AMC AMSC ADQ

0001 1095000108193 LINK,BELLCRANK 3 C 77

0002 1095005745144 BRACE ASSY 1 C 20

0003 1095013670158 FAIRING,BOMB RACK 3 C 18

0004 1095013812976 PISTON,REACTION CYL 3 D 113

0005 1095014525826 LINKAGE ASSEMBLY 1 C 20

0006 1290004882614 SOLENOID ASSY-ARMIN 3 U 5

0007 3040011258469 LEVER,REMOTE CONTRO 3 C 50

0008 3040013196011 CONNECTING LINK,RIG 3 C 28

0009 4730009575247 RESTRICTOR UNIT,FLU 3 D 1

0010 4730013981435 NUT,TUBE COUPLING 3 C 826

0011 4730013990068 SLEEVE,COMPRESSION, 3 C 320

0012 5998012859174 ELECTRONIC COMPONEN 3 C 86

Identify end item, weapon system, or class of item: Items are used on various Aircraft and Bomb Rack weapon systems; see attachment 1.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

4. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services. Source(s) are:

MARVIN ENGINEERING (32067)

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

Justification for Other Than Full & Open Competition (November 2011)

Marvin Engineering (32067) is the only source currently approved by the design control. They are the only known source to possess the requisite rights to technical data for these items and only known approved source for these items. In addition to the AMSC C, NSNs 1095005745144 and 1095014525826 are Critical Safety Items (CSI).

DFARS 209.270 requires DLA to procure these CSI items only from a source approved by the design control activity, and Marvin Engineering (32067) is the only approved source designated by the design control activity to provide these critical items.

[ 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 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. Marvin Engineering (32067) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

[ X ] AMSC U. The cost to the Government to breakout this part and acquire it competitively has been determined to exceed the projected savings over the life span of the part. If one source is available, AMCs 3, 4, or 5 are valid.

If at least two sources exist, AMCs 1 or 2 are valid.

For these items, the Government has determined it is not cost efficient to breakout these parts and acquire competitively. Marvin Engineering (32067) is the only known approved source to manufacture these items.

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

[X] The acquisition will be synopsized and any firm requesting a solicitation copy will be provided one.

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[ ] Dealers of the manufacturers will be solicited.

8. A market survey: On 12/20/16, a sources sought notice was issued on the Federal Business Opportunities website in order to seek out and encourage additional sources and vendor participation. The sources sought notice closed on 12/27/16, and there were no responses received to this notice. Market research was conducted by the Sourcing Strategy Branch, ZAA. The Sourcing Strategy Specialists (SSS) sent out the original survey to Marvin Engineering (32067) on 12/15/17. No response was received and the SSS sent a follow up email to Marvin Engineering on 2/7/17, and they responded to the market survey on 2/9/17. The market survey asked companies to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones. A summary of the sole response received is below:

Marvin Engineering (32067) Small business manufacturer with a preference to deal with the Government Is interested in pursuing a Long-Term-Contract for any or all of these items

Justification for Other Than Full & Open Competition (November 2011)

NSNs are not commercial

9. I hereby determine that the anticipated cost to the Government will be fair and reasonable. As adequate price competition is not expected and any proposal received shall likely exceed the TINA threshold of $750,000.00, cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. 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.

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

A tech review was completed by the SAPD Product Specialist on 2/28/17. In addition to the SAPD tech review, the Product Specialist of record complete and critical safety checklist review for NSNs 1095005745144 and 1095014525826 on 4/27/17. Based upon the technical certification on file, 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 tech review confirmed each NSN a sole source item. At the time of LTC/Project reviews, no other sources or adequate technical data could be identified or located for competitive procurement of these NSNs.

Market research did not identify any other sources capable of manufacturing these items.

11. A listing of sources, if any, indicating an interest in the acquisition are: (If none, so state):

Marvin Engineering (32067)

12. This item is subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 Offers for Part Numbered Items.

13. The buyer searched the previous awards listed in the contract history in Records Management in EProcurement for previous J&A’s, as required by DFARS PGI 206.304, and no J&A’s could be found.

APPROVAL

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 $

WARNER.BRANDY

.DANIELLE.125189

Digitally signed by

WARNER.BRANDY.DANIELLE.1

251897880 Date: 2017.05.02 11:17:59 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.05.08 16:48:46 -04'00'

Competition Advocate & Date