SPRAL1-18-R-0005_-redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-18-R-0005

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 Cross Shaft, Steering Gear (NSN 2530-01-647-1401). 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. (CAGE 68J03).

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Cross Shaft, Steering Gear 2530-01-647-1401 4

C NSN 2530-01-647-1401, a cross shaft, steering gear is a component of the steering gear assembly. One end engages the Steering worm shaft and the other end is splined to the pitman arm and is used on the Light Armored Vehicle model LAV-ATA2 (LAV). This model of LAV, also known as a scout vehicle is used for forward reconnaissance on the battlefield and is an essential weapon system in the Marine’s arsenal.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Light Armored Vehicle model LAV-ATA2 (LAV. The LAV, also known as a scout vehicle is used for forward reconnaissance on the battlefield and is an essential weapon system in the Marine’s arsenal.

This procurement is a first time buy and therefore there is no procurement history and there are no historical J&As to provide as an attachment to this document.

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.

Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Moog, Inc. The technical certificate from SYSCOM is attached to this document. Moog, Inc. is the only company known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Moog, Inc. is the sole designer, developer, and integrator for the Cross Shaft, Steering Gear. As a result, Moog, Inc. is uniquely qualified to provide the completed range of hardware required. Moog, Inc. 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, Moog, Inc. 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.

(The following are the AMSC descriptions. The full text is 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.

Attachment 1 shows the e-mail chain originated by DLA Land and Maritime Acquisition Specialist , which requested the AMSC code H, be updated. On February 22, 2018, the product specialist reviewed the AMC and AMSC codes, updated the AMSC code to C, and verified the updated codes were correct. Attachment 2 shows an updated technical certification that reflects the AMSC code as C and further comments that the change is being made to update the NSN record.

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

(X ) The acquisition was synopsized on June 19, 2018 to July 3, 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) was posted to FedBizOps from Nobember

15, 2017 to November 27, 2017, with no responses received. Based on the technical certification that was provided by LOGCOM (Logistics Command) (see Attachment 2), SYSCOM (System Command) does not own the drawings for this Interface Unit Automatic Data Processing, 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.

The current requirement is sole source to Moog, Inc. and will be solicited for 30 days. The requirement is for a quantity of (4) EA for NSN 2530-01-647-1401 for part number CB48795-001 for a total estimate of

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $750,000.00. Other than certified cost and pricing data may be requested.

Since this is a first time buy the Government will seek to request an informal cost breakdown from offerors to assist in deeming prices fair and reasonable along with looking for similar items so a price analysis can be performed. Similar items may be sought to assist in developing the targets/deeming the price fair and reasonable. In addition, if necessary, DLA Land and Maritime, Pricing Office may be sought to assist but may have limited success since this item is not managed by DLA. .

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. E-mailed a market survey to the OEM, Moog, Inc. from November 15, 2017 requesting a response by November 27, 2017.

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

A market survey was conducted on/during: November 15, 2017 to February 14, 2018 Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Moog, Inc. (contacted) Techniques used to conduct survey: Sources Sought Notice (SSN); and e-mail communication with market survey attached.

Types of information requested: A SSN was posted to FedBizOps on November 15, 2017 with response due by November 27, 2017. 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 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. Market survey information was sought from the OEM, Moog, Inc., a large business manufacturer. Moog, Inc. did not respond to the Government’s request for market survey information. It is known that Moog, Inc. has a policy of not responding to market survey requests. The original request was made by e-mail on November 15, 2017 with a response date of November 27, 2017.

The request was sent to Moog, Inc. and a read receipt message was returned.

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) none

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 12 calendar days without receiving any responses for vendor submitting a SAR.

Attachments:

1. E-mail showing AMSC code change from H to C

2. DLR Tech Data Certification

3. Trailer sheet

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X ) Up to $700,000 Contracting Officer

Contracting Offic

614 692 4841 09 Jul 18