J&A6.302-1cSPE7MX18RX002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-18-R-X002

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 on other than a full and open competition basis. This DLA Land and Maritime acquisition is for a five-year Indefinite Delivery Purchase Order (IDPO) issued for antennas. The procedures in FAR Subpart 13.5 are used in accordance with 41 U.S.C. 1901. The proposed acquisition is for DLA-managed items. Each CLIN will be awarded on a CLIN by CLIN basis with each CLIN considered as an individual item allowing for all three items to be solicited together.

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

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

VALUE

0001 5985013950097 ANTENNA EA 3 C 23

0002 5985014156880 ANTENNA EA 3 Z 8

0003 5985015142271 ANTENNA EA 1 Z 266

Identify end item, weapon system, or class of item: These items are used on various weapon systems to include the

ZON – PC CLASS/COASTAL PATROL BOATS

C7N – NAVY EXPEDITIONARY PROGRAMS

2KN – MK VI PATROL BOAT

4QM – MINE DETECTOR SYSTEM

3QM – EXCAVATOR, COMBAT, M9 ACE

MRA – PARENT WSDC FOR ALL ARMY MRAP

ESTIMATED BASE VALUE:

ESTIMATED 5-Year VALUE:

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:

CAGE (23657) SHAKESPEARE COMPANY, LLC DBA

CAGE (05211) R. A. MILLER INDUSTRIES, INC. DBA

A Tech/Quality review has been completed for these NSNs on 12/15/2017. The AMC/AMSC codes indicate that the items are code and part numbered to a specific and a limited number of CAGE codes, as listed above. Item(s) validation by the Product Specialist of record confirms that the sources listed above are in fact the only approved sources. Each item and their identified approved sources are detailed in the table below.

CLIN NSN CAGE Source

0001 5985013950097 23657 SHAKESPEARE COMPANY, LLC DBA

0002 5985014156880 23657 SHAKESPEARE COMPANY, LLC DBA

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

(DEC 2016)

0003 5985015142271 23657 05211

SHAKESPEARE COMPANY, LLC DBA

R. A. MILLER INDUSTRIES, INC. DBA

The use of the authority cited below:

[ X ] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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

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 this item, the source identified by NSN below is the only source currently approved by the design control activity. This is the only known source to possess the requisite rights to the technical data.

CLIN NSN CAGE Source

0001 5985013950097 23657 SHAKESPEARE COMPANY, LLC DBA

[ X ] 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.

For these items, these are the only know sources. CLIN 0002, has a valid AMC of 3 indicating a non-competitive item, and CLIN 0003 has a valid AMC of 1 containing both a primary and secondary source. Both items share the AMSC Z due to a level of commerciality as identified by the Product Specialist at the point of item validation.

Knowledgeable internal Government subject matter expects from DCMA’s Commercial Item Group concluded the parts are commercial/nondevelopmental/off-the-shelf items.

CLIN NSN CAGE Source

0002 5985014156880 23657 SHAKESPEARE COMPANY, LLC DBA

0003 5985015142271 23657 SHAKESPEARE COMPANY, LLC DBA

0003 5985015142271 05211 R. A. MILLER INDUSTRIES, INC. DBA

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

[ X ] The acquisition will be synopsized on or about: February 8, 2018.

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

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

(DEC 2016)

This procurement shall be completed using FAR Part 13.5 Test Program for Certain Commercial Items procedures.

The Contracting Officer will determine that the contract award prices are fair and reasonable using price analysis and acquisition history. In addition, the offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness. This data may consist of material cost or an explanation of their pricing approach.

8. Market Research/Efforts to Obtain Competition: The Acquisition Specialist conducted research efforts with the approved sources after an initial attempt by the ZAA market research team produced no results. A sources sought notice was issued on the Federal Business Opportunities website on 5/1/2017. No responses were received. The Acquisition Specialist also contacted the Commercial Item Determination team at DCMA which provided an official report on 1/10/2018, detailing item characteristics. The previous acquisition (SPM7MX- 13-D-0086), which contained each of the items identified on this procurement, was a FAR Part 12 Commercial Item acquisition.

CAGE (23657) SHAKESPEARE COMPANY, LLC DBA, a large business manufacturer who is interested in a

. They state the item is commercial as it is listed in a published catalog and available in the commercial market place.

CAGE (05211) R. A. MILLER INDUSTRIES, INC. DBA, a small business manufacturer who is interested in a

They state the item is not commercial, but it is listed in a catalog they publish publicly.

The items on the current initiative have been determined to be commercial items based on documented findings that have been separately noted in the contract file via commercial memorandum.

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:

CAGE (23657) SHAKESPEARE COMPANY, LLC DBA

CAGE (05211) R. A. MILLER INDUSTRIES, INC. DBA

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

[X] The solicitation contains the Procurement Note L04 Offers for Part Numbered Items—applicable to all CLINs

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

(DEC 2016)

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 are prohibited unless technically evaluated prior to the issuance of the solicitation. All sources other than the approved sources can only respond as a dealer/distributor. Records Management, the official contract file, was checked and the J&A for contract SPM7MX-13-D-0086 was located containing justification for all three NSNs;

this J&A is 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

APPROVAL/CERTIFICATION

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

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

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

WARNER.BRANDY.DANIE

LLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251897880

Date: 2018.01.29 10:20:56 -05'00'

COUTURE.MARY.E.12

30253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.01.31 14:43:52 -05'00'