SPRPA119RW145_N0038319X0617.N21.31_-_e_-_version.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

18335-0024

Folder #

PD#

N0038319X0617

Item Manager's Name

Karima Oglesby

Extension

Email karima.oglesby@navy.mil Code

N9819.22

Technician's Name

Allen Gruver

Extension

Email allen.gruver@navy.mil Code

N9819.6A

Buyer's Name

Kevin Magiera Extension

215-737-7149

Email kevin.a.magiera@dla.mil Code

APAC.31

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: FLOOR ASSY, OUTBD

NSN: 7RH 1680 015533038 V2

P/N: 901-035-011-102

Quantity: 13

CAGE Code: 77272

Unit Price: $55,976.48

Estimated Value (including any/all options): $ 727,694.24

Required Delivery Date 2020/01/29 Opt. % DAYSOpt. N

Ship To: W25G1U and W62G2T

Line of Accounting

97 00 XX XX 4930 NC1A 000 85004 0 050120 7R 000000 7PPG00000000

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

The Boeing Company (77272)

Only the Boeing Company (77272) will be solicited for this Floor Assembly, OUTBD as they are the only responsible source listed in the Joint Discrepancy Reporting System. This item has also been identified by the PMA-275 Basic Design Engineer (BDE) as a Critical Application Item (CAI) and annotated in the Joint Discrepancy Reporting System (JDRS) as such. The PMA-275 BDE and or NAVSUP WSS Source Development Department (SDD) can approval new or alternate sources for manufacture of this Floor Assembly, IAW the Design Control Authority (DCA) procedures and or SDD guidelines prior to contract award. . This would entail an inspection of facilities, review of manufacturing capabilities and techniques, special skills, qualifications to manufacture CAI material and the technical knowledge required to complete this complex manufacturing task. AMC 3C. Acquire, for the second or subsequent time, directly from the actual manufacturer. 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.

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

08 January 2019 and as a result

No unanticipated offers were rececived.

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

15 January 2019 and as a result

No Unanticipated offers were received.

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:

The Market Research was conducted by IWST Technical Team Lead I/A/W the Market Research Form Version #10. The latest configuration has been checked and all records ( ITIMP and JDRS) have been properly aligned, identified, and documented. This item is deemed a Critical Application Item, thus limiting qualified sources for manufacture. Per JDRS, The Boeing Company (77272) is the only approved manufacturing source at this time. All new or alternate sources must be qualified in accordance with the Design Control Activity's procedures and or NAVSUP WSS Source Development Department (SDD) guidelines, prior to contract award. No other sources have currently expressed interest in becoming an approved source for manufacture for the subject item, to the NAVSUP WSS, SDD. No SAR currently exists for additional repair sources.

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 Paragraph (5) & (6), NAVSUP WSS has no plans at this time to compete future contracts for repair of the subject Item covered by this document. NAVSUP WSS will continue to encourage manufacturers with the expertise to manufacture the subject item to submit a complete Technical Data Package for review and possible source approval by the appropriate engineering source approval authority. Future requirements will be advertised in the Fed Biz Opps website (www.fedbizopps.gov) in order to encourage potential repair sites to submit Source Approval Requests.

Previous J&A No Previous J&A - previous award was under the SAT

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# : N0038319X0617

(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: FLOOR ASSY, OUTBD 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: 7RH 1680 015533038 V2 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: 901-035-011-102

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

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!

: Only the Boeing Company (77272) will be solicited for this Floor Assembly, OUTBD as they are the only responsible source listed in the Joint Discrepancy Reporting System. This item has also been identified by the PMA-275 Basic Design Engineer (BDE) as a Critical Application Item (CAI) and annotated in the Joint Discrepancy Reporting System (JDRS) as such. The PMA-275 BDE and or NAVSUP WSS Source Development Department (SDD) can approval new or alternate sources for manufacture of this Floor Assembly, IAW the Design Control Authority (DCA) procedures and or SDD guidelines prior to contract award. . This would entail an inspection of facilities, review of manufacturing capabilities and techniques, special skills, qualifications to manufacture CAI material and the technical knowledge required to complete this complex manufacturing task. AMC 3C. Acquire, for the second or subsequent time, directly from the actual manufacturer. 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.

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*: 08 January 2019

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 : The Market Research was conducted by IWST Technical Team Lead I/A/W the Market Research Form Version #10. The latest configuration has been checked and all records ( ITIMP and JDRS) have been properly aligned, identified, and documented. This item is deemed a Critical Application Item, thus limiting qualified sources for manufacture. Per JDRS, The Boeing Company (77272) is the only approved manufacturing source at this time. All new or alternate sources must be qualified in accordance with the Design Control Activity's procedures and or NAVSUP WSS Source Development Department (SDD) guidelines, prior to contract award. No other sources have currently expressed interest in becoming an approved source for manufacture for the subject item, to the NAVSUP WSS, SDD. No SAR currently exists for additional repair sources.

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 Paragraph (5) & (6), NAVSUP WSS has no plans at this time to compete future contracts for repair of the subject Item covered by this document. NAVSUP WSS will continue to encourage manufacturers with the expertise to manufacture the subject item to submit a complete Technical Data Package for review and possible source approval by the appropriate engineering source approval authority. Future requirements will be advertised in the Fed Biz Opps website (www.fedbizopps.gov) in order to encourage potential repair sites to submit Source Approval Requests.