SPE7MX17R0119_J_&_A_-_reviewed_Redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX17R0119

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

Charger, Battery 6130014554497 93 3D 174PS101-5

NSN Estimated Annual Demand Value (ADV)

Estimated 3 Year Base Estimated 5 Year Total

– 3 Year Base with 2

Option Years

Contract Maximum

6130014554497

NSN 6130014554497 WEAPON SYSTEM

17N AIRCRAFT, HAWKEYE E-2C

B4N Advance Hawk Eye

EEN E2/C2 ALL SERIES

VUN AIRCRAFT, HORNET F/A-18 (E/F)

Z5N EA-18G (GROWLER)

Z9N AIRCRAFT, FA-18, A-D, E/F, G (GROWLER)

The most recent procurements for this item were below the SAT and, therefore, a J&A was not required.

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.

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

(AUG 2016)

Acme Aerospace, Inc. (6HAR8) is the only source known to possess the technical data needed to manufacture this item. 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 was synopsized on or about 6/2/2017.

[ X ] Dealers of the manufacturer will be solicited.

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 6/1/2017.

Sources Sought was posted to FedBizOpps on 5/16/2017, closing on 5/23/2017. 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 (including NSN 613001455467) was sent to 11 companies: ECI Defense Group (3SDB5), JBL System Solutions (5WRH4), Acme Aerospace (6HAR8), Linmar Associates (1GX03), Stealth Supply (6RVM4), Martin Military (1WZZ2), Pioneer Industries (66200), Comperipherals(1JZF1), SIT Corporation (1MQB3), Kampi components (7Z016), and JGILS (1N8T8), 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

Per the Contracting Officer, additional verification was needed to determine the items of a commercial type and on 12/21/2016 and 2/21/2017 teleconferences were request by the buyer with Acme, the Contracting Officer and Land & Maritime’s Engineers.

. Also, on 3/2/2017, the original project was cancelled and a new project was generated for NSN 6130014554497. On 4/20/17 the Contracting Officer requested the buyer to have the Engineer clarify their determination of Commerciality for NSN

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

(AUG 2016)

6130014554497. On 5/8/2017 the Contracting Officer made the determination that the Acme military version of NSN 6130014554497 to be of a commercial type.

Per DSCC/DLA Land and Maritimes’s Mechanical Engineer, , “

Also, additional testing is required on part number 174PS101-5 as compared to Acme's commercial power source.

The commercial power source must pass a series of environmental tests as required by the FAA (DO-160, Environmental Conditions and Test Procedures for Airborne Equipment). The military power source is required to meet MIL-STD-810 (ENVIRONMENTAL ENGINEERING CONSIDERATIONS AND LABORATORY TESTS). MIL-STD-810 has many of the same testing requirements of FAA's DO-160. However, MIL-STD-810 has additional requirements. Part number 174BS101-5 is subject to the Environmental Stress Screen (ESS) and a commercial power source is not. ESS refers to the process of exposing a newly manufactured or repaired product or component (typically electronic) to stresses such as shock and vibration in order to force latent defects to manifest themselves by permanent or catastrophic failure during the screening process. ESS is destructive testing. “

Additional market research was done and concluded on 6/1/2017- Acme Aerospace stated they are interested in a

LTC;

Acme Aerospace, Inc. (6HAR8) 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 partnumber;

An internet search in which no results were found;

A GSA search in which no results were identified;

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), JBLSystems (5WRH4), and ECI Defense Group, (3SDB5).

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.

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

(AUG 2016)

PETERSON.GEORGE.D.124283174

Digitally signed by

PETERSON.GEORGE.D.1242831744

D_a_t_e: 2017.06.2_2_1_3_:1_5_:_44 -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)

COUTURE.MARY.E.12

30253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.07.06 14:06:11 -04'00'

BANKS.ROXANNE.JA

RAMILLO.1156004908

Digitally signed by

BANKS.ROXANNE.JARAMILLO.11560049

Date: 2017.07.21 17:57:41 -04'00'