90858643 Redacted J and A.pdf

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Attached to
Transformer, Power Federal contract opportunity
Solicitation number
SPE7M521R0049
Issued by
Defense Logistics Agency Land and Maritime

About this file

This document is a justification for a sole source contract award. It details a requirement for a transformer power part needed by the Defense Logistics Agency Land and Maritime (DLA). Market research identified ABB Enterprise Software Inc. as the only approved source for this first-time buy item. Efforts to seek additional sources included a sources sought notice on SAM.gov and a 16-day pre-solicitation synopsis. The justification cites design control and data rights retained by ABB as reasons for the sole source award. The solicitation is SPE7M5-21-R-0049 with an estimated value under $2 million. Cost analysis will be used for pricing due to it being a first buy.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M5-21-R-0049

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

A Technical Referral was sent to the Product Specialist to validate the AMC / AMSC on 8/27/2021. On 9/01/2021, the Product Specialist stated that the AMC / AMSC of 4/C was still correct.

Based on the aforementioned, the Product Specialist has certified that the technical information, including the AMC / AMSC of 4/C and that the only approved source is ABB Enterprise Software Inc. (0D3T2), is complete and accurate.

ABB Enterprise Software Inc. (0D3T2) is the only source approved by the design control activity because ABB Enterprise Software Inc. retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

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

[X] The acquisition will be synopsized on or about October 8, 2021 for 16 days. At the completion of the synopsis period, this PR will be solicited on the internet for a minimum of 30 days via the DLA Internet Bid Board System

(DIBBS).

[X] A “Sources Sought” notice was also posted in the SAM.gov under Contract Opportunities to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. The notice contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist. It was posted on SAM.gov on 8/27/2021 with a suspense date of 9/03/2021.

7. This is a 1st time buy for DLA. Therefore, there are no previous price analyses or technical documentation that can be obtained to substantiate or determine price fair and reasonableness. Since the estimated total is under $2,000,000 threshold, other than cost and pricing data will be obtained from the contractor to provide additional support for price reasonableness determination. The buyer will also use the resources available through the Pricing Office.

Negotiation procedures may be used pending on cost/price analysis results and competition.

Based on the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Based on aforementioned, ABB Enterprise Software Inc. (0D3T2) is the only approved source for this item that is being acquired for the first time, directly from the actual manufacturer and this part requires engineering source approval by the design control activity in order to maintain the quality of the part. A Market Research Survey for the same item as this procurement was sent recently under PR 0086526924 (RFP SPE7M5-21-R-0007) and sent to ABB Enterprise Software Inc. (0D3T2) on 11/02/2020 to be completed and returned.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

In addition to the above, a “Sources Sought Notice” was posted on SAM.gov to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential contractors to complete and return.

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

[X] A market survey under open PR 0086526924 was conducted on/during 11/02/2020 and then a “Sources Sought Notice” was posted for the current PR on SAM.gov on 8/27/2021 with a suspense date of 9/03/2021.

Total number of vendors contacted: 1

Names of vendors contacted and/or responding:

a) ABB Enterprise Software Inc. (0D3T2)

Techniques used to conduct survey:

a) Market Surveys were sent via e-mail out to the following approved source:

1) ABB Enterprise Software Inc. (0D3T2)

b) A “Sources Sought Notice” was also posted on SAM.gov to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential sources to complete and return.

Types of information requested:

a) A brief summary of information requested by the Market Research/Survey:

(1) Is your company interested in pursuing a Firm Fixed Price contract for this item?

(2) Your company size?

(3) Is your company a manufacturer or dealer of this item?

(4) Do you have a parent company?

(5) Is this a “commercial” item per FAR 2.101 (b)?

(6) Would you be willing to submit an offer on this item?

(7) Based on the estimated buy quantity, for budgetary purposes, what is the estimated unit price?

(8) What is the estimated delivery schedule for this item?

(9) Are there incremental quantity breaks for this item?

(10) Do you have a minimum order?

(11) Is FOB Origin acceptable?

(12) Is Inspection/Acceptance at Origin is acceptable?

(13) Do you currently have any active federal contracts and/or grants in excess of $10,000,000.00?

(14) For contracts estimated over $2,000,000.00, Cost or Pricing Data “may” be required per DFAR

252.215-7010. Is your company and your subcontractors (if applicable) capable of providing this data?

(15) Please list main and the secondary point of contract for procurement questions.

b) “Sources Sought Notice” contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist. A Market Research/Survey was also attached to the notice for potential sources to complete and return.

DLA Land & Maritime Justification for Other Than Full & Open Competition

10. A listing of sources, if any, indicating an interest in the acquisition is:

a) ABB Enterprise Software Inc. (0D3T2)

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

[X] Solicitation contains DLAD Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Number Items.

[X] Being posted on SAM.gov and the DLA Internet Bid Board System (DIBBS).

12. In compliance with DFARS PGI 206.303-2(B):

A review of procurement history in IHS Haystack Gold, along with Records Management indicates that subject NSN is a 1st time buy with no procurement history. Therefore, there are no Justification for Other Than Full and Open Competition (J&A) available.

DLA Land & Maritime Justification for Other Than Full & Open Competition

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.

Christine D. Boyer Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. This J&A has an estimated PR value (1 each) of

Date Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

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

ATTACHMENTS

#1 – Technical Certification dated 9/01/2021

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2021.09.29 06:55:41 -04'00' 9/29/2021

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.10.04 13:26:42 -04'00' 10/4/2021

File details come from the government source that posted it. Updated .