JA SPE7MX23R0113.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23R0113

Controlled by: DLA Land and Maritime Controlled by: Strategic Acquisition Project Division

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Krista.Krauss@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[ 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. The objective of this procurement is to place the item(s) on a firm fixed price, Indefinite Delivery Indefinite Quantity, long-term contract (LTC). Based on market research, the Government will pursue a contract with a maximum of five (5) years. The contract period will be comprised of a 3-year base and two 1-year option periods. Option years will be exercised at the discretion of the Government. The total duration of the contract shall not exceed five (5) years.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

3. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN QUANTITY ADV AMSC

Antenna 5985-01-124-1538 102 1C Antenna 5985-01-124-7297 20 1P Antenna 5985-01-124-7298 25 1C

NSN 5985-01-124-1538 Antenna is classified under NAICS 334220. The Highest Priority Weapon System Designator Code is 40A: Helicopter, Black Hawk UH-60A, UH60L, HH-UH-60M, UH-60V.

NSN 5985-01-124-7297 Antenna is classified under NAICS 334220. The Highest Priority Weapon System Designator Code is 40A: Helicopter, Black Hawk UH-60A, UH60L, HH-UH-60M, UH-60V.

NSN 5985-01-124-7298 Antenna is classified under NAICS 334220. The Highest Priority Weapon System Designator Code is 40A: Helicopter, Black Hawk UH-60A, UH60L, HH-UH-60M, UH-60V.

ESTIMATED THREE-YEAR BASE VALUE:

ESTIMATED TOTAL VALUE (3-YEAR BASE + TWO 1-YEAR OPTIONS):

MAXIMUM CONTRACT VALUE:

MINIMUM CONTRACT VALUE:

SOLICITATION SPE7MX23R0113

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

4. The statutory authority permitting other than full and open competition is:

[ X ] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

Brief narrative supporting the situation and weapon system:

The product specialist reviewed the items prior to acquisition and determined there are limited sources approved to manufacture these items: three sources for NSN 5985-01-124-1538 and two sources each for NSN 5985-01-124- 7297 and NSN 5985-01-124-7298. Only the approved sources possess the complete technical data for the items listed. They are the only sources uniquely qualified to manufacture these items; therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C 3204(a)(1), as implemented by FAR 6.302.

On December 2, 2022, Quality Assurance Specialist, certified that the items have been reviewed, that the AMC/AMSC codes are correct, and that the items are good for LTC inclusion. See Attachment #1 Tech Cert CM22336001.

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

NSN MANUFACTUROR PART NUMBER

5985-01-124-1538 Dayton-Granger, Inc. (55635) L10-271-1

Sikorsky Aircraft Corp. (78286) 70600-02010-103 Rockwell Intl Corp. Collins General L10-271-1

5985-01-124-7297 Dayton-Granger, Inc. (55635) FMH11-524 Sikorsky Aircraft Corp. (78286) 70600-02017-104

5985-01-124-7298 Dayton-Granger, Inc. (55635) UF10-269 Sikorsky Aircraft Corp. (78286) 70600-03002-104

The use of the authority cited below:

[ X ] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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.

SOLICITATION SPE7MX23R0113

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

[ X ] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

According to the Tech Cert (attached), the Government does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. Only the approved sources for each item will be able to meet the Government’s needs in providing the exact items to the approved specifications, to which the approved sources retain the rights to, not the Government, as indicated by their respective AMSC codes.

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

[ X ] The acquisition was synopsized on September 6th, 2023.

[ X ] Dealers of the manufacturers will be solicited, however one of the approved sources is expected to quote directly as they have done so repeatedly in the past for all three of these items.

[ X ] The Government published a Sources Sought on the SAM.gov website for five (5) business days from 08/04/2023 to 08/11/2023.

[ X ] Other. Solicitation will be posted on the DLA Internet Bid Board System for a minimum of 30 days.

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

Market research has revealed that only one of the approved sources, small business Dayton-Granger, Inc., is expected to submit proposals for these items. The procurement is being conducted under FAR 15 Contracting by Negotiation. The estimated total contract value is less than $2 million so IAW FAR 15.403-4(a)(1) Certified Cost or Pricing Data (CCPD) will not be required. Other than Cost or Price Data may be requested. A price analysis will be conducted, utilizing the Producer Price Index (PPI) and learning curves. A comparison to past award prices will also be performed in the determination of a fair and reasonable price.

The NSNs will be solicited with four quantity ranges, firm-fixed pricing, and allow for escalation in prices for years 2 through 5 of the LTC.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

The Contracting Officer reviewed the procurement history for contractors that offered and contracted the subject items in the past. Internet & GSA searches were conducted for the NSN items, but the exact products were not found for immediate purchase of new parts to satisfy the requirements. Additionally, market surveys and a Sources Sought posting were completed.

SOLICITATION SPE7MX23R0113

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

10. A listing of sources, if any, indicating an interest in the acquisition are:

- Dayton-Granger, Inc. (55635) - OEM Procurement history is to Dayton-Granger, Inc. See Attachment 2 Procurement History.

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

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

12. The subject NSNs were purchased on LTC SPE7MX21D0043, however no J&A was found within the past 3 years.

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 ] Over $750,000 to $15,000,000 Competition Advocate

Attachment(s):

1) Tech Cert CM22336001

2) Procurement History

KRAUSS.KRISTA.L.1

394506695

Digitally signed by

KRAUSS.KRISTA.L.1394506695

Date: 2023.09.18 13:56:05 -04'00'

DAPO.DOUGLAS.A.

1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.09.25 15:30:18 -04'00'