20R0063-JA-FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX20R0063

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of DRS and Niehoff’s unique qualifications to justify the use of 10 USC 2304(c)(1).

AMSC B: The limited availability of sources for an item coded with an AMSC of “B” indicates the item(s) is identified with an increased level of criticality therein requiring a high degree of production and manufacturing fidelity. The AMSC code is subsequent technical direction to acquire this item directly from the manufacturing source(s) specified on the source control drawing. This does not preclude offers from dealers; it means the manufacturing sources are restricted to the approved sources on the source-controlled drawing. Although there is a source-controlled drawing(s), the drawing(s) are insufficient to provide for full and open competition. DRS and Niehoff have been identified as the only source(s) technically qualified to manufacture the item(s) because they are the only know sources to have the data, data rights, or manufacturing knowledge necessary to manufacture this item.

Per the technical review conducted for this item on October 23, 2019, see Attachment 1, this part must be acquired from the manufacturing source specified on the source control drawing in order to maintain the quality of the part. Additionally, the technical review of this item confirmed the Government does not possess the complete, unrestricted data package. The Government is limiting this procurement to DRS and Niehoff’s part numbered items because only DRS and Niehoff have the necessary data and/or design capability to manufacture this critical item to satisfy the military’s requirement.

As shown in Attachment 1, the Government’s Product Specialist confirmed the AMSC code listed in this document is correct and the Government does not have a complete unrestricted data package as of October 23, 2019.

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

[ X ] The acquisition will be synopsized on January 31, 2020 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[ X ] The manufacturer(s) will be solicited.

[ X ] The requirement will be posted to DLA’s internet bid board for review by other potential sources.

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 of previous procurement pricing. Other than certified cost or pricing data will be requested to support the pricing, if needed.

8. Market Research/Efforts to Obtain Competition:

Market research efforts have included:

The market research efforts consisted of reviewing previous procurements, conducting GSA schedule and internet searches for the item, contacting the sources of supply, Niehoff and DRS, and contacting a potential dealer of the approved item, Kampi (CAGE 7Z016).

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] Market surveys were conducted July 2019 through February 2020.

Niehoff.

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

[X] The solicitation contains Procurement Note - L22 - RESTRICTION OF ALTERNATE OFFERS FOR SOURCE

CONTROLLED ITEMS.

12. The previous purchase of this item was made under long term contract SPE7MX15D0140. The J&A is 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.

Bret Griffin - 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) (DLA General Counsel signature line required when sending to AQ)

Attachments:

1 – Technical Certification 2 – Previous Procurement History 3 – J&A For Contract SPE7MX15D0140

GRIFFIN.BRET

.J.1251897782

Digitally signed by

GRIFFIN.BRET.J.1251897782

Date: 2020.03.11 14:13:08 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702

Date: 2020.03.12 08:17:47 -04'00'