4-Redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SPE7M217R0052

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 an other than full and open competition basis.

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

BRIEF DESCRIPTION NSN QTY. EST.VALUE AMSC

Transformer, Power 5950-00-487-1704 5 3

Weapon System – 21N Nuclear Power Plants

ESTIMATED BASE VALUE - (from market survey) ESTIMATED TOTAL VALUE - including 100 % option.

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. Item is restricted to the following source of supply:

Item is coded to:

Basler Electric Company (97520)

AMC 3: Suitable for competitive acquisition for the second or subsequent time.

AMSC R: The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Source selection information-see FAR 2.101 and 3.104 Official Use Only

5. (cont.)

The PR was referred to the Product Specialist on 18 August 2017, in order to verify the AMC AMSC coding and question if any data existed that would enable a full and open procurement.

The AMC code of 5 was questioned. The Product Specialist responded the same day, changing the AMC code to 3 and stating the item is coded to one manufacturing source.

Based on all of the above, it is demonstrated Basler Electric Co. (97520) is the only sources known to possess the technical data necessary to manufacture this item at this time.

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

A Sources Sought notice, with the market survey attached, was posted on FEDBIZZOPS for 10 days, beginning 17 July 2017. This notice contained information regarding submitting a Source Approval Request (SAR).

A Market Survey was mailed directly to the approved source and two dealers on 17 July 2017.

A synopsis will be posted on FEDBIZOPPS, before the solicitation is issued, for a period of 15 days.

Solicitation will be posted publically in DIBBS.

All past awardees will be solicited All sources requesting a copy of the solicitation will be provided with one.

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

This solicitation is for a one-time buy, for 5 each. A review of the previous awards for this item were determined fair and reasonable. It is anticipated price reasonableness for the current procurement will be determined by the use of Price Analysis, relying on past prices paid, manufacturing information obtained from the manufacturer and prices paid on similar items.

8. Market Research/Efforts to Obtain Competition:

Techniques used to conduct research - A Sources Sought notice, with a market survey attached, was posted to the public on FEDBIZOPPS with specific information regarding the item and solicitation included. This notice was posted on 17 July 2017, for 10 days. All interested sources were instructed to contact the buyer if interested. Zero responses were received to this notice. A Market Survey was emailed directly to the approved source and two known dealers, Kampi Components and SIT Corp. Haystack was queried for additional sources and information on past awards. The most recent solicitation was reviewed for potential sources and other relevant information. Recent awards were reviewed for additional sources, particulars about quotes received, and price reasonableness determinations. Total number of vendors contacted- Three directly, infinite number through FEDBIZOPPS Sources Sought posting.

The GSA Advantage website was reviewed for alternate sources, none were found.

Types of information requested in Market Survey: Requested notification of interest in submitting an offer, estimated price, estimated delivery, information regarding quantity price breaks, commerciality, business size, socioeconomic qualifications, whether party is a manufacturer or dealer, whether party is foreign or domestic, previous experience with manufacturing the item, knowledge of other manufacturing sources and any other information about the item that the responder could provide.

Only Basler Electric Co. responded to the market survey:

Summary of information received:

item is not commercial

Information received regarding the commerciality of the item:

item is not coded commercial in SAP no responses to the previous solicitation stated the item was commercial the market survey response states the item is not commercial

Based on all of the above, the Contracting Officer has determined this item is not commercial.

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

Based upon the technical certification on file in DLA Land and Maritime-VEP technical data is not currently available and cannot be developed to permit full and open competition at the present time. 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: Basler Electric (97250)

11. This item is subject to the following methods of locating additional sources:

The solicitation will include Procurement Note M06, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

Synopsis of Solicitation Public posting of solicitation on DIBBS

Per DFARS PGI 206.304 – The most recent past J&A for Other than Full and Open Competition is attached (SPE7M216R0051).

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.

James E. Duffala Contracting Officer Phone (614) 692-1679 Date

APPROVAL REQUIREMENTS

(x) Up to $700,000 Contracting Officer

Source selection information-see FAR 2.101 and 3.104 Official Use Only

DUFFALA.JAMES.E

.1230229100

Digitally signed by

DUFFALA.JAMES.E.1230229100

Date: 2017.08.28 16:26:36 -04'00'