7.10_JA_Redaction_N0010426CQA06_Redacted.pdf
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- Attached to
- POWER SUPPLY, IN REPAIR/MODIFICATION OF
- Solicitation number
- N0010425RQD25
About this file
This is a Justification for Other Than Full & Open Competition (J&A) submitted by the Naval Supply Systems Command (NAVSUP) Weapon Systems Support (WSS) located in Mechanicsburg, Pennsylvania for a repair/overhaul acquisition.
The contracting activity is procuring repair and overhaul services for parts from Transistor Devices Inc., the original equipment manufacturer (OEM). The procurement is justified under 10 USC 3204(A)(1) and FAR 6.302-1, citing that only one responsible source can satisfy the Government's requirements. The specific rationale relies on A/RMC code 3 (acquisition for the second or subsequent time directly from the actual manufacturer) and A/RMSC code R, based on the Government's lack of data rights and the uneconomical nature of acquiring technical data or data rights from the manufacturer. Transistor Devices Inc. retains exclusive rights to proprietary drawings, software code, manufacturing and repair specifications, and technical data. The item is designated as a Critical Safety Item, further limiting qualified sources. The Government conducted market research in accordance with FAR Part 10 and synopsized the requirement on the government-wide point of entry on July 11, 2025, resulting in no industry interest. A class waiver dated March 15, 2019 applies to the requirement to post a Request for Information or Sources Sought Notice. The contracting officer has determined the anticipated cost to be fair and reasonable. To promote future competition, NAVSUP WSS will encourage vendors to submit technical data packages for source approval and continue to advertise future requirements on the government-wide point of entry.
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4. Statutory Authority Permitting Other Than Full & Open Competition
5. Rationale Justifying Use of Cited Authority
6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable
7. Determination of Fair And Reasonable Cost
8. Actions to Remove Barriers to Future Competition
This J&A is based upon the authority of 10 USC 3204(A) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1
A/RMC 3
Acquire, for the second or subsequent time, directly from the actual manufacturer.
A/RMSC R
The Government does not own the data or the rights to the data needed to purchase / contract repair of 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/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.
This acquisition will be solicited to
TRANSISTOR DEVICES INC. TRANSISTOR DEVICES INC is the OEM for the part(s) mentioned above and is the only source that possesses the unique expertise and knowledge required for its continued support and maintenance. The Government does not own the necessary data or data rights required to contract for the repair of this part from additional sources. TRANSISTOR DEVICES INC retains exclusive rights to the technical data, manufacturing/repair processes, and design information (e.g., proprietary drawings, software code, manufacturing/repair specifications) for these parts. A comprehensive analysis has determined that it is uneconomical to purchase the required data and/or data rights from TRANSISTOR DEVICES INC . The cost of acquiring these rights would significantly exceed the cost of the Repair from the approved source. Based on the factors outlined above, it is concluded that TRANSISTOR DEVICES INC is the only responsible source capable of performing the necessary repairs, given the Government's lack of data rights and the uneconomical nature of data acquisition or reverse engineering. An Other Than Full & Open procurement is necessary to maintain operational readiness and avoid unacceptable cost, schedule, and performance risks.
15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement
The proposed contract action was synopsized on the government-wide point of entry on 07/11/2025 and as a result Industry showed no interest.
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 latest configuration has been checked and all records (ITIMP, JDRS,/ASE, etc, have been properly aligned, identified, and documented. This item is deemed a Critical Safety Item, thus limiting qualified sources. Per JDRS, Transister Devices INC is the only approved source at this time. The Data necessary to solicit this item from other sources other than Transistor Devices INC is not physically available.
The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.
To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to manufacture/repair the subject item to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the (WSS) guidelines. Also, future requirements will be advertised on the government-wide point of entry. For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.
9. Any Other Facts Supporting Other Than Full & Open Competition
History
Previous J&A Previous J&A Available in Workflow Pro
N/A
Created By Work Function Created Date
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Requirements Cognizance Signature
Work Function Planner Requirements Cognizance Signature Date
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Technical Cognizance Signature
Work Function Technical Cognizance Signature Date
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Contracting Officer Certification Signature
Work Function Contract Specialist
Contracting Officer Certification Signature Date
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Competition Advocacy Review And Concurrence Signature
Work Function Competition Advocate
Competition Advocacy Review And Concurrence Signature Date
I certify that this J&A is legally sufficient to the best of my knowledge and belief
Legal Sufficiency Review Signature
Work Function Attorney Legal Sufficiency Review Signature Date
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Approval Required By Far 6.304 Signature
Work Function Competition Advocate
Approval Required By Far 6.304 Signature Date
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