4177580 _ Justification for Other Than Full and Open CompetitionREVISED.pdf

CUI

JUSTIFICATION FOR OTHER THAN FUL AND OPEN COMPETITION

SOLICITATION SPMYM2-22-Q-1925

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[ X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

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

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

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

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

Stratasys F770 3D Printer P/N: 123-50000-V 1 $177,902.00 5C Stratasys F370 3D Printer P/N: 123-30003 1 $107,610.00 5C

*If too numerous, attach list of NSNs and AMSC codes

Identify end item, weapon system, or class of item: Stratasys F770 large format 3D Printer, Stratasys F370 3D printer

ESTIMATED BASE VALUE: F770 Base Value $177,902.00, F370 Base Value $107,610.00

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE: $285,512.00

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING; N/A

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. [ ] 10 U.S.C. 2304(c)(2) - Urgency.

Brief narrative supporting the situation and weapon system:

The Stratasys F770 & F370 3D FDM Printers are the only printers on the market with an enclosed build volume, (39.4”x24”x24’) and meticulous temperature control we require. The printers can create intricate and unique models and parts, which allows our research and development to create lighter and more intricate polymer parts and prototypes while retaining strength, integrity, shape and accuracy. The printers use Navy CMDNET approved Software, which conforms to our IT security for software and

Controlled by: DLA Maritime Puget Sound Controlled by: Strategic Acquisition Support Division CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY POC: [naomi.larson@dla.mil hardware. The printers have undergone the Cyber Security REQUIRED “New Work Induction” process (NWI) and the “Information Technology Procurement Request” process (ITPR). The approval gained through the research done by Code 109 Cyber Security via the NWI and ITPR process make the printers and GrabCad Software (or Insight)the only Thermoplastic Polyurethane FDM 3D printers with multiple proven materials and capabilities approved for purchase and use in the Shipyard. The printers operate with existing approved proprietary Stratasys GrabCad software which will also function with the existing Shipyard licensed Solid Edge parametric modeling software, CMDNET assets (Network, Computer Hardware, and Operating Systems).

[ ] 10 U.S.C. 2304(c) - .

Brief narrative supporting the situation and weapon system:

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Stratasys sells only through regional resellers to ensure any, and all machine installation and service is provided by OEM trained technicians. Stratasys, 1GKB4, 7665 Commerce Way, Eden Prairie, MN 55344, (760)-407-4853 , GoEngineer, 0U958, 1787 E. Ft. Union Blvd Ste.100 Cottonwood Heights, UT 84121, (509)-993-6745

The use of the authority cited below:

[X] AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer.

[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

Controlled by: DLA Maritime Puget Sound Controlled by: Strategic Acquisition Support Division CUI Category: PROCURE/SSI 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.

[ X ] Other:

(Explain) Sole source is based on proprietary data only available to the OEM.

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

[X ] The acquisition will be synopsized on or about 8/5/24.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain)

[ ] Other. (Explain)

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include length of contract, quantity, and other contract particulars bearing on the price.

Price analysis will be conducted through review of historical contracts and pricing found through market research. Based on the above techniques to be used, the Contracting Officer herby anticipates the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. The extent of market research required for a procurement varies depending on the estimated dollar value, complexity of the item or service and other factors including, the type of item or service, urgency of the requirement and past experience. However, narrow market research (i.e. only using market surveys; only contacting the approved source or past awardees) is inadequate.

Controlled by: DLA Maritime Puget Sound Controlled by: Strategic Acquisition Support Division CUI Category: PROCURE/SSI

A sources sought notice was posted on SAM.GOV from 7/9/24 to 7/24/24. Buyer received interest emails from three small business vendors. BHPE LLC, cage code:

9SWS7, small business, BIGREP AMERICA INC, cage code: 822Y0, small business, and Machine Tools USA, cage code: 1CY64, small business. Buyer researched items on-line via the internet for commercial availability, buyer found similar items when conducting on-line market research; however, none were found to be comparable to the required/requested 3D Printers for this sole source requirement. The requested items were not found on the mandatory sources, GSA, UNICOR, ABILITY ONE, EPA.

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

[x ] A market survey was conducted on/during: 7/9/24 Total number of vendors contacted: 1 Names of vendors contacted and responding: Buyer contacted large business distributor:

GoEngineer LLC, Cage: 0U958 Techniques used to conduct survey: Phone call to distributor as well as sources sought posting to SAM.GOV.

Types of information requested: MFR & Distributor size, willingness to quote to small business vendors or only to Navy .

Summary of information received: : Buyer contacted large business distributor: GoEngineer LLC. Buyer was informed that MFR Stratasys, INC utilizes distributors, such as GoEngineer.

Distributor indicated that they will quote materials to small business vendors for resale.

Buyer conducted a sources sought and received interest from 4 small business vendors to acquire the requested materials.

Information received regarding the commerciality of the item(s):Material requested is commercially available to the public.

[ ] A market survey was not conducted due to the unusual and compelling urgency of the requirement.

[ ] A market survey was not conducted due to:

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

[ X] Based upon the attached technical certification, 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.

Controlled by: DLA Maritime Puget Sound Controlled by: Strategic Acquisition Support Division CUI Category: PROCURE/SSI

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ ] Other: (Explain)

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

BHPE LLC, Cage: 9SWS7, BIGREP AMERICA INC, Cage: 822Y0, MACHINE TOOLS USA, Cage: 1CY64

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 [ ] VE Bailment Program

[ ] Source Development Review [ ] Reverse Engineering

[ ] Other (Explain)

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 $750,000, this signature serves as the approval.

Controlled by: DLA Maritime Puget Sound Controlled by: Strategic Acquisition Support Division CUI Category: PROCURE/SSI

Contracting Officer Signature Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL/CERTIFICATION CONTINUED:

Head of the Contracting Activity (HCA) Signature Date

DLA General Counsel Signature Date

Senior Procurement Executive (AQ) Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ ] $750,000 to $15,000,000 Competition Advocate

[ ] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (AQ)

(DLA General Counsel signature line required when sending to AQ) Controlled by: DLA Maritime Puget Sound Controlled by: Strategic Acquisition Support Division CUI Category: PROCURE/SSI

Attachment(s):