SPE7MX19RX055 - J and A Redaction.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-X055

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

RELAY, ELECTROMAGNETIC

5945-01-053-3279

81755/C4925-1

00779/DHL31

74063/DHL-31

1/C

This end item is used on F-16 aircraft used to support the military services.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

PERIOD OF PERFORMANCE: Not to exceed one year.

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. TE Connectivity and Lockheed Martin Corporation are listed as the only approved sources of supply for this item; there is no expectation that Lockheed Martin will provide an offer on this procurement. TE Connectivity has also previously supplied this product to Lockheed Martin and should be considered the true Original Equipment Manufacturer (OEM) for this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: TE Connectivity (00779/74063) and Lockheed Martin Corporation (81755)

The use of the authority cited below:

[X] AMC: 1. Suitable for competitive acquisition.

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.

This item is an electrical contactor used on the F-16 aircraft. This part contains a specification control drawing which lists the prequalified sources. The structural and functional integrity of this item can be affected by individual manufacturer’s processes and techniques. To ensure continued product integrity of the item;

procurement is restricted to sources listed in the supplier information section of this document (TE Connectivity, Lockheed). These sources are known to have the required experience and capability. Due to the critical application of this item, alternate sources must be approved in accordance with the design control activities’ procedures and requirements which have been established by the responsible government engineering authority.

Note: As stated in item #4 above, TE Connectivity should be considered the true OEM as they supply this item to Lockheed.

Technical data has been certified as complete and accurate by the Product Specialist on November 20, 2018, and confirmed the Government does not have a complete, unrestricted data package at this date and all means to obtain a technical data package adequate for manufacture of these items have been exhausted.

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

[X] Acquisition was synopsized on August 1, 2019. Acquisition was synopsized for a minimum of 10 days.

[X] Solicitation will be posted on Fed Biz Ops and the DLA Internet Bid Board System (DIBBS).

[X] Buyer posted Sources Sought notice to FBO July 17, 2019 and received one response from National Patent Analytical Systems, Inc (0U8Z9). Buyer provided pertinent guidance for vendor to provide alternate source package for consideration as an approved source.

7. Buyer hereby determines anticipated cost to the Government will be fair and reasonable. Price analysis will be conducted to deem prices fair and reasonable as required per FAR 15.403-4. Price analysis will consist of utilizing historical prices and adjustments based on PPI Index. Buyer will also adjust price utilizing learning curves to determine high and low Government targets for this acquisition. Buyer may request offeror(s) submit information other than cost and pricing data to determine price reasonableness. Certified cost or pricing data is not required;

the contract maximum is less than TINA threshold.

8. Market Research/Efforts to Obtain Competition:

Buyer conducted Market Research from July 10, 2019 through July 22, 2019. Buyer posted Sources Sought Notice to FBO as referenced in item 6.

Buyer directly contacted both approved sources previously listed and encouraged vendors to complete a Market Research Survey Questionnaire; only TE Connectivity provided inputs.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers. Buyer also attempted to reach vendors via telecom.

Types of information requested: The market survey requested companies provide answers to general questions regarding project interest, company size and status. LTC related questions included: whether the company is interested in an LTC and if a three-year base period with two one year options is acceptable. The market survey requested whether offerors would be able to provide Cost and Pricing Data. Other questions included: whether the product is commercial, whether prices were published, and whether the government would obtain potential savings. Delivery questions were asked regarding phased delivery, and minimum/maximum quantity requirements.

Summary of Markey Survey Information Received:

On July 10, 2019, a market survey was submitted to of TE Connectivity (00779/74063) who provided the following regarding her agency’s interest:

1) Interested in pursuing a one-year contract

5) Vendor indicated NSN is a commercial item and provided sales invoices

Information received regarding item commerciality: In accordance with FAR 10.002(b) and FAR 2.101, Definitions, a review has been conducted of the item description(s) to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. When Government acquisition personnel have previously determined that an item or service meets the commercial item definition, contracting officers should consider this a potential indicator of commerciality. The preference is to accept a prior determination of commerciality, unless there is a reason not to. Item has been identified as commercial-of-a-type. The basic item is available to the public but has been modified for customer needs. OEM previously supplied sales invoice reflecting commercial prices in preceding contract (SPE7LX-17-D- 0093) and no changes have been identified to remove the commercial status of this item. OEM also identified this item as commercial during market research. The Contracting Officer has accepted this prior determined of commerciality for this current solicitation.

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

Based upon the technical certification on file in DLA Land and Maritime, this part requires engineering source approval by the design control activity in order to maintain 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.

10. A listing of sources, if any, indicating an interest in the acquisition: TE Connectivity (00779/74063)

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

[X] Solicitation contains DLA Procurement Notes L04, Offers for Part Numbered Items, and M06 Evaluation of Offers for Part Numbered Items

12. 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 was able to locate the J&A from previous contract SPE7LX-17-D-0093; see attached.

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

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)

Attachment:

Prior J&A – Solicitation SPE7LX-17-R-0030 (Award SPE7LX-17-D-0093)

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.125

1897880 Date: 2019.10.17 08:21:40 -04'00'

HOPSON.LILLI.A.123

0127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2019.11.05 16:41:23 -05'00'