SPE7MX22R0033 -.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-22-R-0033

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021) these items. Accordingly, per DFARS 209.270, DLA is required to procure only from sources approved by the design control activity.

The Quality Assurance Specialist certified on 8/27/2021 that the AMC/AMCS code for these NSNs are correct and Oregon Aero Inc. (0WY76) is the only sources approved by the design control activity.

Per the Quality Assurance Specialist these items will be used to replace the earphone shell and the ear cushion for the JHMCS (Joint Helmet Mounted Cueing System) helmet used on the FA-18, A-D, E/F, G (GROWLER) AIRCRAFTS, F-4 Aircraft Support Equipment, and other weapon system platforms. These items are the only replacement parts that will function properly in the end item in accordance with the military requirements.

Product procurement history indicates that Oregon Aero Inc. (0WY76) is the actual manufacturer for these items. The Government lacks the technical data needed to acquire these items competitively. Oregon Aero is the only source known to possess the complete technical data for these items. As such Oregon Aero is the only source approved by the design control activity as 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.

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.

The use of the authority cited below:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

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.

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

a. The acquisition will be synopsized on or about March 21, 2022, and it will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. A Sources Sought notice was posted December 2nd, 2021, on Beta.SAM.GOV for 15 calendar days to find potential sources for these NSNs and no responses were received from companies interested to be manufacturers for these items.

c. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity

(ESA).

SOLICITATION: SPE7MX-22-R-0033

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

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

The buyer will utilize price analysis techniques such as comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary. Buyer will also utilize PPI Data. PPI Data provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. The buyer anticipates receiving more than one offer, and adequate price competition between dealers is expected to exist at time of evaluation of offers. Certified Cost and Pricing Data is not required as the contract maximum is below the required threshold. Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during: 8/10/2021 – 2/15/2021.

Names of vendors contacted: 9.

1. OREGON AERO, INC. (0WY76)

2. EMPIRE AVIONICS CORP. (1BRS6)

3. STATZ CORPORATION (3WGD1)

4. PHOENIX TRADING INC. (4LF36)

5. JBL SYSTEM SOLUTIONS (5WMY6)

6. COMFORT CUSHION (7A2S8)

7. JAG COMPONENTS, LLC (7YJE4)

8. BDS SUPPLY (33YQ3)

9. DEFENSE VENTURE HOLDINGS (72B58)

Total number and names of vendors that responded to market survey: 3.

1. EMPIRE AVIONICS CORP. (1BRS6)

2. COMFORT CUSHION (7A2S8)

3. DEFENSE VENTURE HOLDINGS (72B58)

Techniques used to conduct survey: emails, phone, Beta. Sam. Gov, Market Survey Questionnaire, GSA Library and GSA Advantage part number searches.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data. On emails dated 12/6/2021 a follow-up was sent to the companies that did not respond to the market survey and no responses were received.

Summary of information received: The Demand/Supply Chain Analyst attempted to conduct market research with the companies listed above to assess their interest and capability to perform and two companies indicated an interest which were: Comfort Cushion (7A2S8) and Defense Venture Holdings (72B58). Empire Avionics (1BRS6) responded that they were not interested.

SOLICITATION: SPE7MX-22-R-0033

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

Company Name

CAGE

CODE

Business

Size

KTR

Interested in an LTC

3 Base Years w/ 2 Options Total 5 Yrs.

Contract

KTR PREFERS

A FIRM FIXED

PRICE

CONTRACT

KTR WILL

PROVIDE COST &

PRICING DATA IF

REQUIRED

Commercial

Items

COMFORT CUSHION 7A2S8 SDVOSB Yes Yes No Response Yes DEFENSE VENTURE HOLDINGS 72B58 SDVOSB Yes Yes No Response No Response

Commercial Determination: Per FAR 2.101 (b) the items in this solicitation has been determined to be non-commercial. The following factors that have led to these conclusions are:

A search of the internet was done and there is no evidence that they have been sold to other than the military.

Items are not commercially price listed.

Comfort Cushion (7A2S8) indicated that items were commercial but did not provide unredacted commercial invoices or commercial catalog.

There are no known commercial applications. These items are used on the FA-18, A-D, E/F, G

(GROWLER) Aircrafts and the F-4 Aircraft Support Equipment.

NSN are not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of these items is to sustain numerous critical weapon system platforms and their supporting equipment. As such, these items have strict configuration and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The GSA Schedule was checked for both NSN, and no information was found.

Therefore, it is the determination of the contracting officer that this item is not commercial and FAR Part 15 will be applied to the solicitation.

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

a. 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.

b. A technical review was completed by the / Quality Assurance Specialist for FLDB-LTC on 8/11/2021. The subject NSNs have been identified as sole/limited source items. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: Comfort Cushion (7A2S8) and

Defense Venture Holdings (72B58) was the only companies that responded to the market survey and expressed an interest in the acquisition. As such, these companies will be in the solicitation mailing list.

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

SOLICITATION: SPE7MX-22-R-0033

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

12. The Contracting Officer searched for the previous award listed in the contract history at Record Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304. For CLIN 0001 and CLIN 0002, was not able to locate Justifications as all buys were below the Simplified Acquisition Threshold and Auto IDPO PIIN# SPE7M521D60WX, SPE7M520D60KM, SPE7M521D60WY, and SPE7M520D60KN. Therefore, J&A were not required.

Attachment(s):

1. Tech Certificate

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 $750,000, this signature serves as the approval.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] $750,000 to $15,000,000 Competition Advocate

CARABALLO.EDWIN.1

253443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2022.03.14 07:34:07 -04'00'

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.03.16 17:54:11 -04'00'