SPRHA1230808_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I .Agency: DLA Aviation Ogden Contracting Activity: _o_o_-D_LA_-A_u_s ___________ _ Document Identification Number:_F_o_20_2_02_3_00_8_08 _____ Solicitation Number: _s_P_R_HA_1_-2_3_-o_-_o8_0_8 __________ _ l ✓ I FAR Part 15 □ FAR Part 12 D FAR Part 13.5

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

l ✓ I New Action □ Amendment: ______________________ _

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

BRIEF DESCRIPTION

Brake Assembly, Actuator

*If too numerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSN/PN

1620-01-160-7167/895018-01

QUANTITY

ESTIMATED VALUE

4. Type of Contract (mayincludenumberofbaseyears)_F_irm_ F_ixe_d_P_r_ice __________________ _

[ZI will not include an option.

D will include a ___ % option for increased quantity. Total estimated dollar value of option quantity is $-

D will include an option to extend the term of the contract for a period of. ___ ...,months, exercisable in increments of

___ months. Total estimated dollar value of all option periods is$ ________ . The maximum dollar value of all option periods is $ _____ _

The total estimated dollar value of this acquisition is: (inclusive of any options)$ ____ _,_. The maximum dollar value of this acquisition is: (inclusive of any options)$ _ _____________ _

5. The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(l) - Available from only one or limited number of sources.

6. Efforts to improve DoD Competition in accordance with DFARS 206.303-2:

[Z]A sources sought notice or Request for Information (RFI) in accordance with DFARS PGI 206.302-l (d) was posted in FedBizOpps on 18 Jan 2024 . Results of the sources sought notice/RFI resulted in the following:

D A mass sources sought notice which included NSN(s) _____________________ _ was posted to FedBizOpps on __________ . Date must be most current FBO posting (i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RF I was approved by the HCA or designee on _________ and is hereby attached.

7. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services.

Source(s) are:

A VN Form S53, JAN 2023 CUI

CONTROLLED BY: DLA Aviation Ogden

CONTROLLED BY: 00.DLA/AUB

CUI CATEGORY: Procurement

DJSTRIBUTION/DISSEMTNA TION CONTROL: FED ONLY

POC: - 1

CAGE CUI COMPANY NAME

78062 Sargent Aerospace & Defense, LLC

The use of authority 10 U.S.C. 3204(a)(l) is based on:

□ AMCl.

0 AMC2.

[ZJ AMC3.

□ AMC4.

□ AMC5.

□ AMSCA.

IZ) AMSCB.

□ AMSCC.

□ AMSCD.

□ AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□ AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSCU.

□ AMSCV

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

Acquire, for the second or subsequent time, directly from the manufacturer.

Acquire, for the first time, directly from the manufacturer.

Acquire directly from the sole source contractor, who is not the manufacturer.

The Government's right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

This must be acquired from a manufacturing source(s) specified on a source control drawing.

This part required engineering source approval by the design control activity in order to maintain the quality of the part.

The data needed to acquire this part is not economically available.

The Government does not have sufficient, accurate, or legible data to purchase this part from other than the current source. This code is under review and will be updated when the review is complete.

This part must be produced from class 1 castings under MlL-STD-2175 .

The annual buy value of this part falls below the screening threshold established by DoD.

Manufacture of this part requires use of master or coordinated tooling.

Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity.

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.

The Government does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

The Government does not own the data or rights to the data needed to purchase this part from another source. It is not economical to procure the data or rights to the data.

Acquisition of this item is restricted to Government approved source(s) because the item involves military sensitive technology.

The cost to the Government to breakout this part and acquire it competitively has been determined to exceed the projected savings over the life span of the part.

This part has been designated a high reliability part. Probability of failure would be unacceptable. The engineering activity has determined that data to define and control reliability limits cannot be obtained.

The design of this part is unstable. Engineering, manufacturing, or performance characteristics indicate that the required design objectives have not been achieved.

This part is a commercial/no-developmental/off-the-shelf item.

□AMSCY.

□ AMSCZ.

[Z] Other: Sargent owns complete data to manufacture subject NSN.

NOTE: A technical certification is required for acquisitions over $13.5 million

A VN Form S53, JAN 2023 CUI

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

I ✓ I The acquisition will be synopsized on or about __ 1_a_J_a_n_2_02_4 _____ and any firm requesting a solicitation copy will be provided one.

□ As no sis exce tion cited in FAR 5.202 a lies: E lain

D Dealers of the manufacturers will be solicited.

D Other: x lain

IAW FAR 15.404 other than certified cost and price.

10. A market survey as defined by FAR 10:

e so 1c1te .

I ✓ I .--_w_a_s_c_o_n_d_u_ct_e ...... d,a_n_d_fi_rm_s_in_d_i_ca_t_in ... 1g_an_ in_te_r_e_s_t _in_t_h_e_a_c_._qu_is_it_io_n_w_ il_I _b_e_s_o_li_c1_·te_d_._M_ar_k_e_t_re_s_e_ar_c_h_e_ffi_o_rt_s ...... in_c_I_u_de_: _ __, The 417th completed the following market research: RFI/SSS posted to Sam.gov, a review of commercial catalogs, review of procurement history, government corporate knowledge, review of Internet databases (google, thomasnet, ilsmart), review of government screening documents (761 ).

Based on the market research conducted, there is a high level of confidence that there are no additional sources capable of satisfying the agency's need for this proprietary item nor are there any other commercial or nondevelopmental items which could be utilized to meet needs or which could be modified to meet the needs.

□ was not conducted due to: -------------~

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

[l] [l]

Based upon the technical certification on file, 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.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in 6.302- l(a)(2)(ii)(A), an estimate if the cost to the Government that would be duplicated and how the estimate was

417th Basis of estimate: in duplication costs and 46.6 years to break even.

When FAR 6.302- 1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l(a)(2)(ii)(B), describe the unacceptable delays:

D....._I -Othe-r· ___________ ______.

A VN Form S53, NOV 2023 CUI

12. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

None Received

The Air Force regularly inquires the manufacturers in regards to sharing or selling the proprietary data rights for use in free and open solicitations. Furthermore, the Air Force regularly performs analysis to determine the feasibility and cost effectiveness of reverse engineering the proprietary technology. Request for data sent to Sargent on 22 March 2023, no response was received which is interpreted by the government as Sargent's unwillingness to provided the data.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION-FAR6.304

I ✓ I not exceeding $700,000 ........................................................ Contracting Officer n over $700,000 not exceeding $13,500,000 ........................... Competition Advocate D over $13,500,000 not exceeding $93,000,000 .................. Head of Contracting Activity

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFTCA TTON - FAR 6.302-2( c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATTON-DLAD l.691(e)(3)(i) DLA Counsel Aviation has reviewed this Form SS3 and concluded it creates a legally sufficient justification for restricting competition pursuant to 10 U.S.C. 3204(a)(l) and FAR 6.302-1 for acquisitions for NSNs in the federal supply system at or below $13.S million. For acquisitions above $13.5 m.illlon, signature of the Aviation Deputy Chief Counsel is required to document legal sufficiency:

Name and Title Signature Phone Date

CONTRACTING OFFICER- FAR 6.303-2(b)(12) 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.

Kitty Lam, PCO

01,11•t,-~ IOTl't'L.AI

LAM.KITTY.LAI CHING. CHNC.-

Ollil:2024.02.0111:41.18-4700' - 01 Feb 2024 Name and Title Signature Phone Date

COMPETITION ADVOCATE- FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.501 has reviewed and hereby certify that the information contained in this justification is accurate and complete to the best ofmy knowledge and belief. lfover $700,000, but not exceeding $13.S million this signature serves as the approval.

Name and Title Signature Phone Date

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3) The Head of Contracting Activity bas reviewed and approved this Justification for a proposed contract over $13.S million, but not exceeding $93 million.

Name and Title Signature Phone Date

A VN Form S53, NOV 2023 CUI