Redacted_J&A_SPRAL118R0002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-18-R-0002

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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/services for the Actuator and Motor (NSN 2541-01-505-2803). Other than a full and open competition basis FAR 6.302-1 and 10 U.S.C. 2304(c)(1) will be utilized since after market research (FAR 10) and Marine Corps technical data it was determined the current NSN is sole source to Moog Inc., (94697).

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Actuator and Motor 2541-01-505-2803 11.00 Q

The Actuator and Motor is an electromechanical linear actuator designed to improve stabilization and pointing accuracy for existing and new turret applications used on the Light Armor Vehicle (LAV-25). This series of linear actuators is designed to meet and exceed the demanding requirements of modern main battle tanks or Howitzer gun laying systems. Features include a built-in integrated equilibrator for high unbalanced weapons, rollerscrew linear output, brushless DC motor and 25 volt clutch and maintenance motor for remote operation.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Light Armor Vehicle (LAV-25). The LAV is an eight-wheeled amphibious reconnaissance vehicle used by the Unites States Marine Corps.

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

(X ) 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Moog Inc (94697) is the sole designer, developer, and integrator for the Actuator and Motor. As a result, Moog uniquely qualified to provide the completed range of hardware required. Moog is also the only known firm that possessed the technical data, drawings, and specifications necessary to fulfill the government’s requirements. Given the contractor’s involvement with the design, development, qualification, manufacturing, and continuing improvements of the items readily available to them. In addition, Moog develops much of the technical data, material and manufacturing processes required to manufacture the item. The privately developed data, along with the corporate expertise are the sole property of Moog Inc.

The use of the authority cited is based on:

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

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[ X ] AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). The Marine Corp at Logistics Command (LOGCOM) reviewed this item January 2017. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

(X ) The acquisition will be synopsized on or about February 22, 2018.

( ) Manufacturers of similar products identified in the market research will be solicited.

( ) Dealers of the manufacturer will be solicited.

(X) Other (Explain): A Source Sought Notice (SSN) posted to FedBizOps from

November 1, 2017 to November 13, 2017, with no responses received. Based on the technical certification that as provided by LOGCOM (Logistics Command) (see Attachment 1), SYSCOM (System Command) does not own the drawings for this Actuator and Motor to allow for full and open competition to exist. The item needs to be procured from the sole source manufacturer, based on the tech data.

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

Procurement history exists for this NSN via EProcurement or Haystack. The history is below with the award date, contract number, quantity, unit price, total value, awardee and price reasonableness code (PRC):

Award Date

Contract QTY. Unit Price Total Value Awardee Price Reasonableness

Code (PRC)

12/16/13 SPRAL114C0016 23 EA $47,245.50 $1,086,646.50 Moog Inc (94697)

FF*

9/28/12 SPRAL112C0019 13 EA $47,500.00 $617,500.00 Moog Inc (94697)

BI**

*The previous buy PRC code (FF) indicates Defense Contract Audit Agency (DCAA) or Defense Contract Management Agency (DCMA) cost analysis support to buyer of offeror’s cost or pricing data combined with price analysis.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

**The PRC code (BI) indicates contracting officer buyer analysis of data other than certified cost or pricing data, excluding cost data, submitted.

The estimated value of this acquisition does not exceed the Certified Cost and Pricing Data threshold of $750K. Therefore, cost and pricing data is exempt based on FAR 15.403- 1(c)(A)(iii). Offerors may be required to submit other than certified cost and pricing data for determining reasonableness of price. This data may consist of material cost or an explanation of their pricing approach. If only one proposal is received, an amendment will be issued to incorporate Certified Cost and Pricing Data clauses and provisions. Additionally, DCMA performed a field pricing analysis of direct/indirect rates and a Technical Support to Negotiations (TSN) review in addition to the Defense Logistics Agency (DLA) Pricing Analyst on the previous contract’s proposal in 2013-2014. History indicates the Actuator and Motor, for the requirement was procured by DLA Land and Maritime (DLR Albany). A price analysis will be conducted for this acquisition to deem the prices fair and reasonable. The price analysis will consist of utilizing the historical price from the previous contract issued on 12/16/2013 and adjusting the price based on the Producer Price Index (PPI) for 333995, Fluid Power Cylinder and Actuator Manufacturing. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. Emailed a market survey to the OEM, Moog Inc., (94697) from 11/1/17 to 11/13/17, for the procurement of the Actuator and Motor.

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

A market survey was conducted on/during: November 1, 2017 to November 13, 2017 Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: OEM Moog Inc (94697).

Techniques used to conduct survey: Sources Sought Notice (SSN); and email communication with market survey attached.

Types of information requested: A SSN was posted to FedBizOps on 11/1/17 with response day of 11/13/17 under solicitation SPRAL118R0002. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN in order to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-18-R-0002

capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery and OEM information.

Summary of information received: The sources sought closed without receiving any responses for vendors submitting a SAR. The OEM Moog Inc (94697) responded to the market survey on January 22, 2018.

Information received regarding the commerciality of the item(s): Moog Inc (94697) stated the item is not commercial. The contractor indicated the hardware was designed, manufactured and qualified specifically for the LAV-25 turret gun system, and not available for commercial sale.

The item is not modified of a type available in the commercial market place and does not have minor modifications of a type not customarily available in the commercial market place. The item is not available in the commercial market place.

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

(X ) 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Moog Inc., (94697).

11. To overcome barriers to competition before any subsequent acquisitions or recertification of class determination, this item is subject to the following methods of locating additional sources:

(X) The solicitation contains the DLAD Procurement Notes entitled: L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corps does not intend to procure the technical data necessary to promote competition. A SSN posted to FedBizOps for 10 calendar days without receiving any responses for vendor submitting a SAR.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Attachments:

1. DLR Tech Data Certification

2. J&A, SPRAL113R0061 (previous)

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 $700,000, this signature serves as the approval.

Contracting Officer Phone Date

__Julie M. Miller____________________________ Typed name of Contracting Officer

Approval/Certification

I have reviewed and approved this justification. The estimated total value of the J&A is ________$633,047.14______________________________________________________.

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X ) Up to $700,000 Contracting Officer

( ) $700,000 to $13,500,000 Competition Advocate

614 692 4841 08 Mar 2018