J and A redacted SPE7L020R0019_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-20-R-0019

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 for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis using FAR Part 15 procedures. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM

UNIT ADQ UNIT

PRICE ADV AMSC

6140-01-597-2684 Battery Storage EA 233 D

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5YEAR) VALUE (BASE + 2 ONE YEAR OPTION):

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: JAN-Nimitz Class

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) Available from only one or a limited number of sources.

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as accurate by the Land Product Specialist on 6/11//2020.

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMSC 3, 4 or 5 are valid.

This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

5. The sources listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on 6/12/2020, during the technical review these are currently the only sources approved to manufacture the item. The Product Specialist also certified that the supporting data is complete and accurate, in addition to the statement indicating that the approved source and AMC/AMSC codes are correct. The listed sources are the only sources that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

Sources:

NSN Description Approved

CAGE

Company Name Approved Part Number

6140-01-597-2684 Battery Storage (0ZAP8) Powerstar, Inc. PX3535FR

6140-01-597-2684 Battery Storage (3CX85) General Dynamics Mission Systems 20706233-3

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

A Sources Sought Notice was posted to www.fbo.gov on 5/28/2020. No responses were received from the Sources Sought Notice.

The acquisition will be synopsized in Federal Business Opportunities on or about July 21,2020 for 15 days prior to 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).

Dealers of the approved manufacturing sources will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a

Product Specialist.

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

o The item in this solicitation has been determined to be non-commercial. No catalog price is available and no un-redacted commercial invoice could be provided. The buyer did an online search for the NSN. There is no indication, through the OEM’s website, GSA Advantage website or others that the item is sold commercially. The EBS system under MM03 showed item as blank. Kampi Components, Powerstar Inc. and the Product Specialist indicated that the item is non-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 available and cannot be developed to permit full and open competition.

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

Lynn Electronics Kampi Components.

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 30 days.

The solicitation will contain DLAD Procurement Note: L04-Offers for Part Numbered

Items.

The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for

Part Numbered Items.

12. All prior procurement history has been below SAT. Therefore, no prior J&A would be available.

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

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2020.07.21 08:59:19 -04'00'

Competition Advocate Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

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

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.07.21 16:13:11 -04'00'