37_J&A_SPE7L019RX013_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L019RX013

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

For Official Use Only. FAR 2.101 and 3.104 apply.

[ X ] ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

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

3. The supplies required to meet the using activity’s needs are described as follows and are being solicited under

FAR 13.5 procedures as an IDC with a 3-year base and 2 one-year options:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Power Supply 6120-01-531-6131 34 ea / year C

Identify end item, weapon system, or class of item: WSDC 23N, Ohio Class SSBN

ESTIMATED BASE VALUE (3 YEARS) –

ESTIMATED TOTAL VALUE (3 YEAR BASE + 2 OPTION YEARS) –

MAXIMUM CONTRACT VALUE –

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:

Nova Power Solutions /1BCN7; P/N: UPS1-2K-1G-SRNDTI-J2E; this is the OEM and only approved source at this time.

The use of the authority cited below:

[ X ] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

[ 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.

Product specialist , FMTD) reviewed the AMC/AMSC coding and confirmed it was complete and accurate, concurred with the commerciality determination, and updated the MM to reflect the item is commercial on 6/17/19.

The sole approved source, Nova Power Solutions (1BCN7), retains the technical data rights that are not economically available to the Government, and the data is essential to maintaining the quality of the part. The part being acquired from Nova Power Solutions is part number UPS1-2K-1G-SRNDTI-J2E, which has stricter electromagnetic interference requirements than those available on the very similar, commercially-available model, UPS1-2K-1G-SRNDTI-J2, within the same commercially available series. The UPS1-2K-1G-SRNDTI-J2E was developed by the OEM per Navy request in order to meet the Navy’s stricter electromagnetic interference requirements. This item was determined commercial of a type with minor modifications of a type not customarily available in the commercial marketplace under subparagraph (3)(ii) of the commercial item definition in FAR

2.101. While the item is commercial for the reasons discussed above, it is necessary that the item be acquired only from the approved source, as Nova Power Solutions’ power supply is the only known item that can meet the customer’s electromagnetic interference requirements.

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

[ X ] The acquisition will be synopsized on or about 01 July 2019.

[ X ] Dealers of the manufacturer will be solicited: 1P0H6 & 5ZD19.

[ X ] Other. (Explain) Solicitation will be posted on DIBBS.

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

A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Short-form market surveys were emailed to 3 companies on 15 October 2018: MDF Technologies, Inc (1P0H6), FBC Enterprise LLC (5ZD19) and Nova Power Solutions, Inc. (1BCN7) and received 2 back: 1P0H6 & 1BCN7 (OEM). A Sources Sought Notice was also posted on FBO.gov for 45 days with no responses received.

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

[ X ] A market survey was conducted on/during October 2018.

Total number of vendors contacted: 3 .

Names of vendors contacted and responding: Short-form market surveys were emailed to 3 companies on 15 October 2018: MDF Technologies, Inc (1P0H6), FBC Enterprise LLC (5ZD19) and Nova Power Solutions Inc.

(1BCN7) and received 2 back: 1P0H6 & 1BCN7 (OEM). A Sources Sought Notice was also posted on FBO.gov for 45 days with no responses received.

Techniques used to conduct survey: email and FBO Sources Sought notice.

Types of information requested: Small Business status, LTC interest, Commerciality, and Delivery.

Summary of information received:

1BCN7 (OEM) is a woman owned small business and identified their interest in a

1P0H6 (dealer) is a small business identifying their interest in a single

Information received regarding the commerciality of the item(s): 1BCN7 (OEM) notes the item as commercial and provides the last DLA LTC SPE7X-15-D-0063 issued under commercial procedures. A price list was provided noting both a “list price” and a “government price” with a price for the government.

1P0H6 contradicts the OEM, noting the item as non-commercial.

Additional Research:

- Obtained copy of previous commerciality determination from 2015 contract.

- OEM website for the item series notes it as a “Ruggedized COTS Design.”

- The Product Master in EProcurement notes a modification made to satisfy Navy requirements:

08035 PER TELECOM , CAGE 1BCN7, NOVA POWER, 703-581-6849, P/N UPS1-

2K-1G-SRNDTI-J2 AND UPS1-2K-1G-SRNDTI-J2E ARE FOR ALL INTENSIVE PURPOSES THE

SAME ITEM. THE NAVY REQUESTED A STRICTER EMI REQUIREMENT ON THIS ITEM,

HENCE THE ADDED ALPHA CHARACTER "E" AT THE END OF THE OTHER P/N. SO THE

CORRECT P/N TO ORDER IS THE ONE ENDING WITH THE "E". SUBMITTED 1685 TO UPDATE

THIS INFO IN THE TIR. RELEASED RSW FOR PR# 0017722687. GSL3690

Determination:

- Based on the research performed above, IAW subparagraph (3)(ii) of the commercial item definition in FAR 2.101, the Contracting Officer determined the item to be commercial with “minor modifications of a type” made to meet stricter electromagnetic interference requirements that were requested by the Navy.

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:

MDF Technologies, Inc (1P0H6) and Nova Power Solutions Inc. (1BCN7).

11. The following actions are being taken to identify additional sources:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

[ X ] Other: No prior J&A exists for this item, previous IDC solicited (SPE7LX-15-X-0005) as a small business set-aside and remaining awards were below the Simplified Acquisition Threshold.

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.

John Tubbs __________________________ Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of this J&A is .

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ X ] $700,000 to $13,500,000 Competition Advocate

TUBBS.JOHN.D.107

6026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2019.07.01 14:09:24 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.07.09 10:34:45 -04'00'