FLAT_signed--JA_SPE7MX-19-R-0052_CL17191001_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-0052

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 required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN CAGE/ Part Number

ADQ ADV AMC/AMSC

Brake Drum 3040-00-114-2298 21439/52W1729-1 118 3/D

Identify end item, weapon system, or class of item: Aircraft Arresting Systems (WSDC: PFF)

ESTIMATED BASE VALUE: $

ESTIMATED TOTAL VALUE (BASE + OPTIONS): $

MAXIMUM CONTRACT VALUE:

This contract will be a firm fixed price Indefinite Delivery Contract with a three year base and two one year options for a possible total of five years. The contract maximum is the recommended maximum based on empirical current and historical demand data.

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/D. Engineered Arresting Systems is the only known firm that possess the technical data, drawings, and specifications necessary to fulfill the Government’s requirements. No data is available for the evaluation of alternate offers. The NSN is coded as a critical application item and all alternate offers would need to submit a SAR package to be evaluated by the ESA. At this time, Engineered Arresting Systems is the only source approved by the ESA.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Engineered Arresting Systems

(21439)

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 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 AMC/AMSC was reviewed and confirmed by Product Specialist, on March 13, 2019.

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

[X] The acquisition will be synopsized on or about 3/15/2019 [X] The acquisition will be solicited on DIBBs for a minimum of 30 days.

[X] A Sources Sought was posted to FBO from March 7, 2019 through March 15, 2019.

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 the contract maximum is below the $2 million threshold.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on March 7, 2019, no responses were received. In addition to the sources sought, Market Research Surveys were sent to the three previous suppliers of this item, Kampi Components (7Z016), ATECH (3KBH9), and Engineered Arresting Systems (21439). One response was received from ATECH. ATECH and Kampi have not provided this item since 2015. responded to market research requests and stated they no longer supply this

The Approved Cage for this item is 21439 Engineered Arresting Systems Part Number

5W1729-1, which is called out in the PID. The buyer has substantial confidence that Engineered Arresting Systems will respond to the solicitation as they have been quoting and being awarded spot buys.

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 Engineered Arresting Systems 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 01/08/2019, a market survey was submitted by of Atech, Inc. (3KBH9). Atech confirmed that they are not offering the approved CAGE and part number for this item. The buyer emailed the SAPD Technical Team and they stated that an alternate part number would not be acceptable as the only source approved by the ESA is Engineered Arresting Systems. ATECH has been provided information on how to submit a Source Approval Request package.

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

No information was found to support a commerciality determination. Market Research Surveys were sent out to the approved source and previous suppliers. ATECH stated that the item is not commercial. The buyer conducted an internet search and reached out to the technical community to assist with determining the item commercial.

However, no basis for a commerciality determination was found. Accordingly, this item will be solicited as non-commercial.

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: Atech, Inc. (3KBH9)

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 and DLA Procurement Note L04 Offers for Part Numbered Items.

12. There is no prior J&A for this item as all previous acquisitions were below the SAT.

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.

_________________________________________ 3/28/2019 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)

TONEY.CAROLYN.

MARIE.1400916922

Digitally signed by

TONEY.CAROLYN.MARIE.14009

16922 Date: 2019.03.28 11:29:12 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.04.01 07:45:26 -04'00'