JA redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX21R0037

Source Selection Information - See FAR 2.101 and 3.104 Page 2 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.

An alternate source must qualify in accordance with the design control activity’s procedures, as approved by the cognizant Government engineering activity (NAVAIR). The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. To facilitate limited competition as required per NAVAIR 4200.56, approved sources are given. Other sources may be used if evaluated successfully by NAVAIR prior to contract award.

6. A SAPD product specialist, did a technical review on 9/21/20 confirming all technical data for the item is correct including AMSC and certification is attached. In addition, on 1/7/21, certified that the technical information is complete and accurate. This item is ESA controlled per the AMSC of C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. The structural and functional integrity of this item can be affected by individual manufacturers processes and techniques. Procurement is restricted to sources listed by the design control activity in order to ensure continued product integrity of the item. The Government has some data that is identified in the PID and will be provided as part of the solicitation; however, that data is not complete or adequate to provide for full and open competition. A complete data package is necessary to provide adequate technical information on specifications, tolerance, material, etc. which are required for another manufacturer to produce an identical item, which would ensure system integrity. Therefore, procurement must be from the source(s) listed in the supplier information provided by the design control activity. The listed approved source is the only source that possess the full technical data required to manufacture this item. NAVAIR and ESA have restricted the source to them. There are no current 339s out on this item.

7. Efforts to ensure that offers are solicited from as many sources as practicable are: A sources sought was posted on Beta Sams with an opening date of 11/20/20 and a close date of 11/30/20 with no inquiries received. This acquisition will be synopsized for 15 days prior to the solicitation opening on Beta Sams. At the completion of the synopsis period, the project will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

8. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Past procurement history will be reviewed, and a PPI analysis will be performed. Based upon contract history, and information provided in the market survey, it is anticipated that the award will be determined fair and reasonable. In accordance with FAR 15.403-4(a)(1);

certified cost and pricing data is required for this procurement due to the total award value estimated to exceed the $2,000,000.00 threshold for submission of certified cost and pricing data. Therefore, it is determined to require certified cost and pricing data at time of proposal. This will be a five (5) year, firm fixed price, Indefinite Quantity Contract (IQC).

The five year period is inclusive of a three (3) year base period, and two (2) separately priced, one (1) year option periods.

9. Market Research/Efforts to Obtain Competition:

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

Market research for this item is limited due to the specific requirements involved for the part. Naval Air Systems Command, Lakehurst (NAVAIR) is the design control activity and determines which manufacturers are capable of producing the item to its CAI requirements. NAVAIR provides one (1) approved source at this time. The product specialist has confirmed that Podrun, Inc. DBA Metlab. (Cage 07780) is the only source that possesses the technical data required to manufacture this item. Material Master does not show this NSN as commercial. This item is manufactured for military use only. Item was not found in an internet search for the part numbers. After review of all of the evidence, including market research, previous procurements, and indication by the OEM, as well as the COTS field being marked as not commercial, the contracting officer has made the determination that the NSN on this solicitation is not commercial and will be solicited under FAR Part 15.

A market survey was conducted in June 2020. No responses were received so the buyer reached back out in November 2020:

Total number of vendors contacted: 2 Names of vendors contacted: Podrun, Inc DBA Metlab Cage 07780 and Laser Mfg. Cage 1WL29 Names of vendors responding: Podrun, Inc. DBA Metlab and Laser Mfg.

Techniques used to conduct survey: The market survey was conducted by e-mail.

Results of market survey: One(1) market survey was returned.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX21R0037

Source Selection Information - See FAR 2.101 and 3.104 Page 4

Attachment 1- Previous J&A Attachment 2 – Tech Certification/PS E Mail