Redacted_JA_CM17307001_18RX015_ALL_SIGNED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-18-R-X015

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

(FEB 2017)

[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 full and open competition basis.

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

BRIEF DESCRIPTION NSN Part Number ADQ ADV AMC/AMSC Ear Cushion 5965-01-516-8082 40863G-02 12,592 3-Z

Identify end item, weapon system, or class of item: Aircraft, Stratolifter C/KC (05F)

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

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. This NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/Z. David Clark Company Inc. (DCCI) is the sole designer, developer, and integrator of these items. DCCI is the only known firm that possess the technical data, drawings, and specifications necessary to fulfill the Government’s requirements. In addition, much of the technical data, material, and manufacturing processes required to manufacture these items were developed by DCCI. The privately developed data, along with the corporate expertise are the sole property of DCCI. This NSN is a specific spare part for the David Clark H-10 Series Headset. The H-10 Series Headset is a specific design belonging to DCCI, therefore Ear Cushion NSN is specifically designed for this end item and no responsible source can supply this item to satisfy agency needs.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: David Clark Company Inc.

(71483)

The use of the authority cited below:

[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 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 (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

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

[X] The acquisition will be synopsized on or about 3/8/2018 [X] The acquisition will be solicited on DIBBs for a minimum of 15 days.

[X] A Sources Sought was posted to FBO from November 13, 2017 through November 20, 2017.

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

(FEB 2017)

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. Additionally, these are commercial off the shelf items, therefore a comparison will be made to the prices offered to the general public. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Cost and pricing data is not required as these items are being solicited under FAR 13.5 Simplified Procedures for Certain Commercial Items.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on November 13, 2017, no responses were received. In addition to the sources sought, a market survey was sent to DCCI for their completion. A response was received from the DCCI Contracts Administrator, on December 13, 2017. An analysis was performed of the information in Haystack to review the procurement history and whether any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that part numbers are source controlled by DCCI and does not indicate that it was previously sourced to any other vendors. No similar items were found in Haystack.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers.

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, and EDI capability. Long Term Contract related questions asked include: whether the company is interested in an LTC, if a three-year base period with two one year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data. Other questions asked include: whether it would be beneficial to combine NSNs, whether the product is commercial, whether prices were published, whether prices would be included for transportation charges if the item requires FOB Destination, and whether the government would see any savings. Delivery questions were asked regarding phased delivery, and maximum quantity.

Summary of Markey Survey Information Received:

On 12/13/2017, a market survey was submitted by Ms. Stacy Forman, Contracts Administrator, DCCI (71483) The response provided the following results:

1) DCCI is a Small Business manufacturer with approximately 231 employees. DCCI is located in Worcester, MA. DCCI has indicated an interest in participating in a long-term contract with DLA

Information received regarding the commerciality of the item(s):

DCCI indicated that this NSN is commercial and they are able to provide published catalogs/prices. They are also able to provide un-redacted commercial sales history and a complete set of drawings. DCCI stated that there is a

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

(FEB 2017)

known established price list and that the item is available to the general public. The buyer also conducted an internet search for these items and found them available for sale on various websites. These items are used on the Stratolifter Aircraft, which is considered a Government only vehicle, however, the item is not exclusive to this weapon system and is also used on commercial aircrafts.

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: David Clark Company, Inc. (71483)

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

[X] Solicitation contains DLA Procurement Note, 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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

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

[ ] over $93,000,000 Senior Procurement Executive (AQ)

Attachments Attachment 1- Successor J&A

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2018.03.15 13:13:41 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.03.26 17:26:49 -04'00'