J A FOIA Redacted SPE7M520R0009.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M520R0009 / PR 0082938754

[ 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 on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN QUANTITY EST. VALUE AMSC

Transformer, Current 5950-01-676-4194 15 C

*Estimated unit price-

Estimated PR Value:

Estimated Maximum Value for a quantity of 45 each:

This acquisition is for a fixed quantity; however, price breaks will be solicited permitting the Government to order up to the maximum quantity of the price break solicited.

End Item Description, Weapon System, or class of item: Item is a Transformer used in support of NIMITZ Class Ship. Next higher assembly is unknown.

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:

Ward Leonard (63743) P/N 44B356387-555

The use of the authority cited is based on 10 U.S.C. 2304(c)(1):

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

On 1/14/2020, the buyer received confirmation from the product specialist of record that the AMC/AMSC of 3/C was accurate.

Per the Product Specialist, item is sole sourced to Ward Leonard. At this time, there is no technical data available for any other source to manufacturer this material.

Ward Leonard is the only known, approved source for this item. Therefore, Ward Leonard is uniquely qualified as they are the only known source that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN.

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

[X] This acquisition will be synopsized on or about February 2020 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the Internet for 30 days via the DLA Internet Bid Board System (DIBBS).

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

The estimated maximum value of this PR is Therefore, Certified Cost or Price Data, and a Subcontracting Plan will be required.

8. Market Research/Efforts to Obtain Competition:

On 1/14/2020 Markey Surveys were sent to Ward Leonard (63743), ECI Defense Group (3SDB5) and TNL Sales (1YLG2)

On 1/14/2020, Ward Leonard instructed DLA to submit item request through ECI Defense Group; “Ward Leonard bids, sells and delivers our Navy supply chain opportunities through our partner, ECI Defense Group. ECI offers Value Added Services such as market research, contract administration, mil spec packaging and strategic/tactical planning services related to DoD spares. If you could please submit your request through ECI.”

On 1/16/2020 ECI Defense Group responded to the market survey with the following information;

o ECI Defense is a small business dealer for Ward Leonard and is registered in

SAM.

o o Item is not a commercial item.

o o ECI Defense is willing to submit an offer for this item.

TNL Sales did not respond to Market Survey request.

A Sources Sought was posted to https://beta.SAM.gov/ on 1/15/2020 with a respond by date of 1/22/2020.

o No responses or inquiries were received from any interested party.

Information received regarding the commerciality of the item(s):

Commercial Determination:

There is no indication that this item is commercial. The Commercial Off The Shelf (COTS) field is blank in MM03, and research in GSA advantage yielded no results.

internet search for catalogs/brochures, or established price lists . rocurement history

Market Survey from ECI Defense Group stated is not a commercial item. ased on , item is determined non-commercial.

DFARS PGI 206.303-2(B) requires a copy of the J&A from the last procurement. There have only been two purchases for this NSN, both were SAT purchases. The last procurement (SPE7M520P2461, 11 @ $64,847.48, Dec 2019) was awarded under SAT using SEPA procedures. There are no J&A’s for any previous procurement.

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:

Ward Leonard (63743), through their partner, ECI Defense Group (3SDB5) ECI Defense Group (3SDB5)

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

Solicitation will included the following Procurement Notes:

L04; Offers for Part Numbered Items

M06; Evaluation of Offers of Alternate Product for Part Numbered Items

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.

Contracting Officer Date

Roy Pitman___________________________ Typed name of Contracting Officer

APPROVAL/CERTIFICATION

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

______ __________ at the top price break)_________________

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

(X ) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

PITMAN.ROY.

V.1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2020.02.21 09:59:00 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702

Date: 2020.02.21 15:32:05 -05'00'