SPRPA118QX526_JA.N0038318X2842.N23.pdf

Justification for Other Than Full & Open Competition

DLA Aviation | 700 Robbins Ave - Bldg 1 - Rm 2211 | Philadelphia, PA 19111-5098

DLA Aviation - Philadelphia

DEFENSE LOGISTICS AGENCY

C1 J&A V7

18177-0021

Folder #

PD#

N0038318X2842

Item Manager's Name

Kathy Petruccelli

Extension

Email kathleen.petruccelli@navy.mil Code

N98152.11

Technician's Name

Ron Kiesling

Extension

Email ronald.keisling@navy.mil Code

N98152.51

Buyer's Name

Marie Lisowski Extension

2157377149

Email marie.lisowski@dla.mil Code

APAD.03

1. CONTRACTING ACTIVITY: DLA Aviation Strategic Acquisition at Philadelphia, PA

2. DESCRIPTION OF THE ACTION BEING APPROVED:

Negotiation and award of a contract through other than full & open competition

3. DESCRIPTION OF SUPPLIES/SERVICES: This J&A covers the acquisition of the following Spares Repair/Overhaul Modification Management Piece Parts Data Reporting

Nomen: Chassis, Computer EN

NSN: 7R 5975 016708146 P8

P/N: 1072374P-1

Quantity: 6 ea

CAGE Code: 80249

Unit Price: $ 110,554.00

Estimated Value (including any/all options): $ 663,324.00

Required Delivery Date 365 days ARO Opt. % DAYSOpt. N

Ship To: SW3122

Line of Accounting

97 00 XX XX 4930 NC1A 000 85004 0 050120 7R 000000 7PPE00000000

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL & OPEN COMPETITION: This J&A is based upon the authority of 10 USC 2304(c) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

5. RATIONALE JUSTIFYING USE OF CITED AUTHORITY:

This acquisition will be solicited to

BAE System Controls CAGE 63760 4250 Airport Expwy Fort Wayne, TX 46809-9643

This Acquisition will be negotiated with the OEM, BAE System Controls CAGE 63760 . This item has not received a criticality determination yet and BAE is the only responsible source with access to the technical data required to manufacture, test and certify this item . In the absence of criticality determinations, it is imperative that the Government deal strictly with the OEM/ Prime Vendor for procurement of this item. The Government does not physically have in its possession any engineering or technical data to contract for spares with other than the OEM/ Prime at this time. The Government does not have the empirical engineering data available that would allow for realistic competitive sustainment efforts at this time. Furthermore, NAVSUP WSS is obligated to follow the supply support strategy as outlined in the NAVAIR program office, PMA- 290 letter, 5000 Ser PMA-290/128 dated Aug 23 2016. As we are sole sourced restricted to the OEM/ Prime, it is not possible to perform a full screen review and no other potential sources may be approved or developed by source development.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS PRACTICABLE: A Request for Information / Sources Sought Notice was entered on the FedBizOpps website for government-wide point of entry on

7/11/2018 and as a result

No other sources expressed an interest in this acquisition.

The proposed contract action was synopsized on the FedBizOpps website for government-wide point of entry on

7/11/2018 and as a result

No other sources expressed an interest in this acquisition.

Market Research was conducted in accordance with FAR Part 10. The results of the Market Research conducted (or the reason(s) Market Research was not conducted) are as follows:

Market Research was conducted in accordance with FAR part 10. No other sources could be identified/certified for this procurement.

The available technical data is insufficient for the development of new sources. Source Development Department files indicate no Source Approval Request (SAR) has been received from any party interested in becoming an approved source.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

8. ACTIONS TO REMOVE BARRIERS TO FUTURE COMPETITION:

For reasons set forth in Paragraphs 5 & 6, NAVSUP WSS is unable to compete this contract for the types of supplies/ services covered by this document. If another potential source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible.

Previous J&A No Previous J&A - award history does not exist

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief

Technical Cognizance:

Requirements Cognizance:

APPROVAL REQUIRED BY FAR 6.304

Contracting Officer Competition Advocate Head of the Contracting Activity

ASN (RD&A) / DLA SPE

$250,000 - $700,000:

Over $700,000 - $13,500,000:

Over $13,500,000 - $93,000,000:

Over $93,000,000:

FAR 6.304 Approval Levels:

Signature

Signature

Signature

Signature

Signature

Source Development Cognizance :

LEGAL SUFFICIENCY REVIEW

Signature

I have determined this J&A is legally sufficient

CONTRACTING OFFICER CERTIFICATION

Signature

I certify that this J&A is accurate to the best of my knowledge and belief.

COMPETITION ADVOCATE (DLA) REVIEW AND CONCURRENCE (above $13.5 million only)

Signature

I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief

I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief

COMPETITION ADVOCACY (NAVSUP WSS) REVIEW AND CONCURRENCE

I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief

J&A V7

1. CONTRACTING ACTIVITY:

3. DESCRIPTION OF SUPPLIES/SERVICES: This J&A covers the acquisition of the following

9.0.0.2.20120627.2.874785

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL & OPEN COMPETITION: This J&A is based upon the authority of 10 USC 2304(c)(1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

5. RATIONALE JUSTIFYING USE OF CITED AUTHORITY:

Select the appropriate AMC/RMC Code(s)/definition(s)

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS PRACTICABLE: A Request for Information / Sources Sought Notice was entered on the FedBizOpps website for government-wide point of entry on The proposed contract action was synopsized on the FedBizOpps website for government-wide point of entry on Market Research was conducted in accordance with FAR Part 10. The results of the Market Research conducted (or the reason(s) Market Research was not conducted) are as follows:

7. DETERMINATION OF FAIR AND REASONABLE COST:

8. ACTIONS TO REMOVE BARRIERS TO FUTURE COMPETITION:

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief Technical Cognizance:

Requirements Cognizance:

APPROVAL REQUIRED BY FAR 6.304

Contracting Officer Competition Advocate Head of the Contracting Activity ASN (RD&A) / DLA SPE $250,000 - $700,000: Over $700,000 - $13,500,000: Over $13,500,000 - $93,000,000: Over $93,000,000:

Source Development Cognizance :

LEGAL SUFFICIENCY REVIEW

I have determined this J&A is legally sufficient

CONTRACTING OFFICER CERTIFICATION

I certify that this J&A is accurate to the best of my knowledge and belief.

COMPETITION ADVOCATE (DLA) REVIEW AND CONCURRENCE (above $13.5 million only) I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief

COMPETITION ADVOCACY (NAVSUP WSS) REVIEW AND CONCURRENCE

I certify that under my cognizance that the data included in this J&A are complete and accurate to the best of my knowledge and belief

Use buyer’s code to make determination (APXX = DLA, N7XX = Navy): DLA Aviation | 700 Robbins Ave - Bldg 1 - Rm 2211 | Philadelphia, PA 19111-5098

C1: stand-alone contracts BOA: Basic Ordering Agreements – Class J&A – Class of items to be repaired LTC: Long Term Contract (select Repair or Spares) Indefinite Delivery/Indefinite Quantity An indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The Government places orders for individual requirements. Quantity limits may be stated as number of units or as dollar values.

Contracting officers may use an indefinite-quantity contract when the Government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period, and it is inadvisable for the Government to commit itself for more than a minimum quantity. The contracting officer should use an indefinite-quantity contract only when a recurring need is anticipated.

Requirements A requirements contract provides for filling all actual purchase requirements of designated Government activities for supplies or services during a specified contract period (from one contractor), with deliveries or performance to be scheduled by placing orders with the contractor: C1

*If folder contains MULTIPLE PD#s – ALL MUST BE LISTED*

BOA: RVPR#/PD#

LTC Repair: RVPR#/PD# LTC Spares: PD# : N0038318X2842

(If BOA number is not yet known, leave blank for buyer to fill in):

Repair LTCs: fill in the period of performance Spares LTCs: fill in the period of time that the contract will establish prices for :

If more than 2 items:

State “VARIOUS -SEE ATTACHMENT A” for Nomen/NSN/PN, and “VARIOUS” for Quantity & Unit Price Attach an ITEM SHEET/ATTACHMENT A with all the items including their Item Number, Nomen, LRC, Replacement Price, COG, MCC, FSC, NIIN, SMIC, P/N, TOTAL REQT (if known), Unit Price, and Extended dollar value.

(Do NOT use “VARIOUS-SEE ATTACHMENT” for Estimated Value, Ship To, or Line of Accounting. If there are multiple Ship To addresses or Lines of Accounting, list them) For Repairs, attachment sheets are created by Denine Reiss denine.reiss@navy.mil For Spares, the attachment sheet should resemble the repair attachment as much as possible An example attachment sheet can be found at I:\DATA\_J&A\TRAINING & INFO\Examples: Chassis, Computer EN FILL IN: Nomenclature, QTY, National Stock Number (NSN), CAGE, Part Number (P/N), and Unit Price If more than 2 items:

State “VARIOUS -SEE ATTACHMENT A” for Nomen/NSN/PN, and “VARIOUS” for Quantity & Unit Price Attach an ITEM SHEET/ATTACHMENT A with all the items including their Item Number, Nomen, LRC, Replacement Price, COG, MCC, FSC, NIIN, SMIC, P/N, TOTAL REQT (if known), Unit Price, and Extended dollar value.

(Do NOT use “VARIOUS-SEE ATTACHMENT” for Estimated Value, Ship To, or Line of Accounting. If there are multiple Ship To addresses or Lines of Accounting, list them) For Repairs, attachment sheets are created by Denine Reiss denine.reiss@navy.mil For Spares, the attachment sheet should resemble the repair attachment as much as possible An example attachment sheet can be found at I:\DATA\_J&A\TRAINING & INFO\Examples: 7R 5975 016708146 P8 FILL IN: Nomenclature, QTY, National Stock Number (NSN), CAGE, Part Number (P/N), and Unit Price If more than 2 items:

State “VARIOUS -SEE ATTACHMENT A” for Nomen/NSN/PN, and “VARIOUS” for Quantity & Unit Price Attach an ITEM SHEET/ATTACHMENT A with all the items including their Item Number, Nomen, LRC, Replacement Price, COG, MCC, FSC, NIIN, SMIC, P/N, TOTAL REQT (if known), Unit Price, and Extended dollar value.

(Do NOT use “VARIOUS-SEE ATTACHMENT” for Estimated Value, Ship To, or Line of Accounting. If there are multiple Ship To addresses or Lines of Accounting, list them) For Repairs, attachment sheets are created by Denine Reiss denine.reiss@navy.mil For Spares, the attachment sheet should resemble the repair attachment as much as possible An example attachment sheet can be found at I:\DATA\_J&A\TRAINING & INFO\Examples: 1072374P-1

WHY the nature of the acquisition requires use of sole source or limited source Tie the justification to the AMC/AMSC or RMC/RMSC definition. Take the generic definition and make it specific

Full & Open Competition is the LAW (FAR 6.101(a)) FAR 6.303-2(b)(5) says you Must describe HOW the contractor’s unique qualifications or the nature of the acquisition requires use of sole-source or limited source authority Focus on WHY particular contractor is only RESPONSIBLE source WHY can’t another source be considered for award (Source Controlled, CSI, CAI, Government does not own the data - if not who does) If contractor owns technical data - specifically state it [Gov’t not possessing data is NOT the same as contractor owning it] Criticality of item being repaired/acquired can limit sources available-If it’s CAI or CSI – STATE IT!

: This acquisition will be solicited to Name the source or limited sources in this box *Be sure to include the CAGE(s): BAE System Controls CAGE 63760 4250 Airport Expwy Fort Wayne, TX 46809-9643 Add a few sentences explaining:

WHY contractor(s) are the only sources capable of performing WHY the nature of the acquisition requires use of sole source or limited source Tie the justification to the AMC/AMSC or RMC/RMSC The information to answer this will come from the A/RM(S)C Definition. Take the generic definition, and make it specific to the item/source. Full & Open Competition is the LAW (FAR 6.101(a)) FAR 6.303-2(b)(5) says you Must describe HOW the contractor’s unique qualifications or the nature of the acquisition requires use of sole-source or limited source authority Focus on WHY particular contractor is only source capable WHY can’t another source submit an offer? (Source Controlled Spec, Design Unstable, ISS) If contractor owns technical data - specifically state it [Gov’t not possessing data is NOT the same as contractor owning it] Criticality of item being repaired/acquired can limit sources available-If it’s CAI or CSI – STATE IT!

: This Acquisition will be negotiated with the OEM, BAE System Controls CAGE 63760 . This item has not received a criticality determination yet and BAE is the only responsible source with access to the technical data required to manufacture, test and certify this item . In the absence of criticality determinations, it is imperative that the Government deal strictly with the OEM/ Prime Vendor for procurement of this item. The Government does not physically have in its possession any engineering or technical data to contract for spares with other than the OEM/ Prime at this time. The Government does not have the empirical engineering data available that would allow for realistic competitive sustainment efforts at this time. Furthermore, NAVSUP WSS is obligated to follow the supply support strategy as outlined in the NAVAIR program office, PMA- 290 letter, 5000 Ser PMA-290/128 dated Aug 23 2016. As we are sole sourced restricted to the OEM/ Prime, it is not possible to perform a full screen review and no other potential sources may be approved or developed by source development.

1st Box: Enter the Date the Sources Sought Notice was ENTERED (NOT the date it closed) *information for boxes 1 & 2 will be provided in referral by N7/buyer*: 7/11/2018

Examples of results include but are not limited to the following:

Examples of results include but are not limited to the following:

or a statement why no Market Research was conducted (which will be highly scrutinized) Write a few sentences SUMMARIZING the results of Market Research conducted on this acquisition. Use the information on the MR Form and put it into paragraph form : Market Research was conducted in accordance with FAR part 10. No other sources could be identified/certified for this procurement.

The available technical data is insufficient for the development of new sources. Source Development Department files indicate no Source Approval Request (SAR) has been received from any party interested in becoming an approved source.

This is the paragraph that will be reviewed when attached to the next J&A. If what is stated has not been done by the next time a J&A is needed for the acquisition/repair of this item, the J&A will need to be approved by the next higher approval authority. (see PGI 206.303-2) Note: The requirement is to state how we are going to ATTEMPT to remove barriers to future competition, NOT to actually achieve competition (in other words, the approval level will not heighten just because competition was not achieved).

Examples include but are not limited to the following:

2nd source in process of becoming qualified but urgent need precludes award for this procurement: For reasons set forth in Paragraphs 5 & 6, NAVSUP WSS is unable to compete this contract for the types of supplies/ services covered by this document. If another potential source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible.