JA SPE7MX25R0088 redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX25R0088

[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.

2. The action being approved is the acquisition of supplies for a firm-fixed-price Indefinite Quantity Contract (IQC) on other than a full and open competition basis, to be procured in accordance with procedures under FAR Part 12, Acquisition of Commercial Products.

3. The supplies/services required to meet the using activity’s needs are described in the NSN Item spreadsheet attached, as are the weapon systems associated with each NSN item.

Scope: In addition to those NSNs specified in Section B of this solicitation, the scope of this contract includes all DLA and DoD managed NSNs for which Aviation Devices and Electronic Components LLC, CAGE 1NPE1, is an approved source. NSNs within the scope may be added later to this initiative or any resulting contract in accordance with DLAD Procurement Note L27-Addition and Deletion of Items.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (1 BASE + 4 OPTIONS):

MAXIMUM CONTRACT VALUE:

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 Government requires spare parts that are form, fit, and functionally interchangeable with those currently used on the supported end item or weapon system. The acquisition is restricted to the source of supply listed in section 5, which is the only source known to have the capability of furnishing the required supplies and the only source currently approved by the design control activity.

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

1NPE1 Aviation Devices and Electronic Components LLC

The use of the authority cited below:

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

The use of the authority cited is based on:

The following AMSC descriptions are available in DFARS PGI 217.7506 Part 2.

[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.

[X] 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.

[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.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. 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.

[X] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

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

[X] The acquisition was synopsized on 8/25/2025.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] Other. (Explain) The solicitation will be posted to 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.

A price analysis will be conducted based on a comparison of proposed prices received in response to the solicitation and/or a comparison of proposed prices to historical prices paid for base year one. Price analysis will be conducted on the four contract out-years’ pricing by utilizing the Global Index and Producer’s Price Index for estimated future pricing. Certified cost or pricing data, when required by FAR 15.403-4, and data other than certified cost or pricing data, will be requested and obtained as necessary to establish a fair and reasonable price, and a cost analysis may be performed on the data submitted.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted to Contract Opportunities on SAM.gov on 5/16/2025 for a period of five business days and yielded no responses.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[X] A market survey was conducted on/during 5/1/2025 to 5/15/2025.

Total number of vendors contacted: the small business only approved manufacturing source was the vendor contacted for this long term contract initiative and has had previous LTCs with DLA for these types of items. A review of procurement history did not contain any other potential manufacturing sources, only a few small purchases from dealers of the only approved manufacturer.

Names of vendors contacted and responding:

Aviation Devices and Electronic Components LLC, CAGE: 1NPE1.

Techniques used to conduct survey: Vendor was provided a questionnaire and a spreadsheet containing the NSN items and requested to complete the information on both and return.

Types of information requested: Business size and type, interest in participating in a LTC and length of time, commerciality information, delivery time frames, production or delivery restrictions.

Summary of information received:

Information received regarding the commerciality of the item(s):

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

[X] Based upon the attached technical certification, 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

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 [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [X] Other (Explain) Justifications from previous contracts SPE7LX23D0081 and SPE7MX22D0003 that included some NSNs of this initiative were reviewed and are attached. Refer to the NSN Item spreadsheet attached for the NSNs contained on the previous justifications. A prior justification is not available for the NSNs not listed on the two previous justifications since all prior acquisitions for the NSNs were under the Simplified Acquisition Threshold.

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

Head of the Contracting Activity (HCA) Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

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

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

Attachment(s):

1. NSN Items

2. Technical Certification

3. Prior J&A SPE7LX23D0081

4. Prior J&A SPE7MX22D0003