SPE7MX24R0041 - JA.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX24R0041

Source Selection Information-- See FAR 2.101 and 3.104

0002 5935016595575 Connector, Plug, Electrical TE Connectivity Corporation 00779 2226910-1 0002 5935016595575 Connector, Plug, Electrical Glenair, Inc. 06324 8070-1676-06ZNU6-6PY

The use of the authority cited above is based on the following AMC/AMSC descriptions available in DFARS PGI 217.7506 Part 2:

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

AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

5. In accordance with FAR 6.303-2(c) supporting data that is the responsibility of technical personnel has been certified as complete and accurate by the technical personnel. DLA L&M product specialist (PS), , did a technical review on March 21, 2024, confirming all technical data for these items is correct including the AMC/AMSC and certification is attached (See Attachment 1 – Technical Certification). DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source(s). TE Connectivity and Glenair are the only manufacturing sources specified on the source control drawing and suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources. TE Connectivity and Glenair are the only companies that have the technical data necessary to manufacture these parts. There are no pending 339s with the Engineering Support Activity (ESA) for these items.

6. Efforts to ensure that offers are solicited from as many sources as practicable are: A sources sought was posted to the Government-wide Point of Entry (SAM.gov) on April 12, 2024, through April 19, 2024, with no inquiries received. This acquisition will be synopsized for 15 days prior to the solicitation opening on.SAM.gov. 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. Dealers of the approved manufacturing source will be solicited.

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

Competition is expected as both approved sources expressed capability and interest in this acquisition. Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. Although this acquisition exceeds the $2 million TINA threshold, certified cost

• The Contracting Officer searched the GSA Advantage website on May 8, 2024, and these items were not found.

• Previous procurements were solicited non-commercial.

• Glenair Commercial Information:

o Although Glenair indicated that the items are commercial, the sales invoices that were provided show sales being made to distributors who are then reselling these items to DLA. Glenair was notified that this was not sufficient documentation to establish commerciality and was asked to provide unredacted sales invoices showing sales of these items for non-Governmental use.

o In response to the Government’s request for additional documentation, Glenair stated that “The Net Warrior Connectors are derived from existing Glenair catalog / commercial items in public domain for years prior to DLA create of NETWARRIOR spec. The only differences from the 8070 (NETTWARRIOR) and Glenair catalog 804 connectors are use of selective plating and first mate / last break contacts. Both of these changes are standard/common options Glenair offers on this entire product series.”

o Glenair provided a link (https://www.glenair.com/mighty-mouse/series-804-push-pull-qdc-connectors/index.htm) which included drawings/datasheets for the 804 connectors. A review of the datasheet by the Contracting Officer revelated that the 804 connectors are exclusively used in military applications including the STAR-PAN Tactical Soldier Data/Power System, Advanced Soldier End User Devices (EUDS), and Soldier Command, Control, Communications, Computers (C4) Intelligence, Surveillance and Reconnaissance (ISR) Technologies.

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

Based upon the technical certification on file, DLA Land and Maritime – VEP, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved sources. The data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: (1) TE Connectivity (00779), (2) Glenair, Inc. (06324), and (3) Ivaroop (7JVA1).

11. This item is subject to the following methods of locating additional sources: The solicitation contains the DLAD Procurement Note L22, Restriction of Alternate Items for Source Controlled Items

(SEPT 2017).

12. Past history was reviewed in Records Management. The previous procurements for these items were solicited utilizing FAR Part 15 procedures with values over the Simplified Acquisition Threshold (SAT); therefore, a J&A was required. The J&A for RFP SPE7M124R0003 (NSN 5935016594090) and RFP SPE7M124R0005 (NSN 5935016595575) are attached per DFARS PGI 206.303-2 (b)(i)(B).

CONTRACTING OFFICER CERTIFICATION

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.

ALEXANDER M. MOLLER, Contracting Officer

APPROVAL/CERTIFICATION

Competition Advocate, DLA Land and Maritime

ROBERT D. JOHNSON, SES

Head of the Contracting Activity (HCA), DLA Land and Maritime

APPROVAL REQUIREMENTS

[ X ] $15,000,000 up to $100,000,000 Head of Contracting Activity (HCA)

Attachments:

Attachment 1 - Technical Certification Attachment 2 – Prior J&A for NSN 5935016594090 Attachment 3 – Prior J&A for NSN 5935016595575

MOLLER.ALEXAN

DER.M.14040267

Digitally signed by

MOLLER.ALEXANDER.M.1404

026743 Date: 2024.05.16 13:13:50 -04'00'

WIEBUSCH.JA

MIE.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.06.12 16:37:37 -04'00'

JOHNSON.ROBE

RT.D.1230338090

Digitally signed by

JOHNSON.ROBERT.D.123033

Date: 2024.06.14 11:38:31 -04'00'