J and A SPE7MX20RX013.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX20RX013

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 determined commercial, for an Indefinite Delivery Contract (IDC) on other than a full and open competition basis. This is necessary because the Government lacks complete technical data required to manufacture the supplies.

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

NSN ITEM UNIT ADQ UNIT

PRICE ADV AMC/AMSC

5945015683885 RELAY,

ELECTROMAGNET EA 2650 3/Z

ESTIMATED BASE (3 YEAR) VALUE:

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

MAXIMUM CONTRACT VALUE:

The item is used on the following Weapon Systems:

LONG_NAME SHORT_NAME

FAMILY OF MEDIUM AND LIGHT TACTICAL

VEHICLES (FMTV)

FMTV

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. At this time, there is only one approved manufacturing source:

KISSLING ELECTROTEC, INC. 311K7 P/N 29.014.12

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 complete and accurate by the Strategic Acquisitions Program Directorate (SAPD) Product Specialist on 10/24/19 during the technical review of the NSN for placement on this long-term contract initiative.

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

AMSC Z: This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid

SOLICITATION SPE7MX20RX013

5. The source listed in the table below, confirmed by the SAPD Product Specialist 10/24/19 during the technical review of the NSN for placement on this long-term contract initiative, is currently the only source with the necessary qualifications, ability, and approval to manufacture the item. The listed source is the only source that possess the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function, and quality.

Sources:

CAGE PART NUMBER CAGE NAME

311K7 29.014.12 KISSLING ELECTROTEC, INC.

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

The acquisition will be synopsized at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS.

Dealers of the manufacturer 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:

A Sources Sought Notice was posted 12/12/19 for seven days to beta.SAM.gov. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return.

Potential sources would be added to the solicitation mailing list. No responses were received.

Market surveys were sent 9/13/19 to the approved manufacturer, Kissling Electrotec, and to four dealers who have received previous awards for the item:

Company Name CAGE

PEERLESS ELECTRONICS INC. 83803

SUPPLYCORE INC. DIV HEADQUARTERS 4V314

BADGER TRUCK CENTER, INC 06YZ5

M.D.F. TECHNOLOGIES, INC. DBA MDF

INTERNATIONAL 1P0H6

KISSLING ELECTROTEC, INCORPORATED 311K7

Three of the dealers responded to the market survey. The research information provided is summarized:

4V314 Supply Core Inc.,

- Small Dealer

- Interested in LTC - YES

- Commercial – YES

1P0H6 MDF Technologies, Inc.

- Small Dealer

- Commercial – NO

83803 Peerless Electronics, Inc.,

- Small Dealer

- Commercial – YES

Additional research was also conducted by the acquisition specialist as indicated in the bullets below.

Researching item on-line via the internet for commercial availability. The item was found for sale on the internet. The item was not found on any GSA contracts when researching the GSA web site.

Reviewing previous procurement of the item for acquisition information. Current LTC SPE7LX-18-D-5016 is an IDC awarded 8/20/2018, utilized FAR Part 13.5 commercial procedures, other than full and open competitive procedures, and was unrestricted. Offers were received from three dealers for the product of the sole manufacturing source, Kissling Electrotec. Awarded unit price was $52.68, delivery is 120 days, and the contract final expiration is 12/31/2020.

Requested the Product Specialist review the item for possible break out under Brand Name or Equal specifications (BNOE). A 339 was initiated and the Value Engineering Relays Engineer also conducted a search for any possible additional sources, or military or commercial equivalent. None were found. It was further determined complete specifications needed for a BNOE procurement are not currently available.

Based on the above research, there is sufficient information or data to indicate the NSN is a commercial item per FAR 2.101; therefore, the item will be procured under FAR Part 13.5 commercial procedures.

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. The data presently available reflects the minimum needs of the Government.

During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and the Strategic Acquisition Programs Directorate (SAPD) Product Specialist for review; no additional sources were identified during those reviews and all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

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

Company Name CAGE

PEERLESS ELECTRONICS INC. 83803

SUPPLYCORE INC. DIV HEADQUARTERS 4V314

M.D.F. TECHNOLOGIES, INC. DBA MDF

INTERNATIONAL 1P0H6

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

The solicitation will contain DLAD Procurement Notes: L04-Offers for Part Numbered Items and M06-Evaluation of Offers for Part Numbered Items. Offers for alternate products may be submitted in response to the solicitation and may be considered for the current or future procurements.

Forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

12. Prior J&A for IDC SPE7LX-18-D-5016 is attached. Actions under the previous solicitation were accomplished: solicitation was synopsized, issued in DIBBS, dealers were solicited, and solicitation contained DLA Procurement Notes M06 - Evaluation of Offers for Part Numbered Items and L04 - Offers for Part Numbered Items. No alternate offers were received.

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 Signature & Date

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

Competition Advocate Signature & Date

APPROVAL REQUIREMENTS:

( ) Up to $700,000 Contracting Officer

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

ROBERTS.TRAC

Y.S.1230171781

Digitally signed by

ROBERTS.TRACY.S.1230171781

Date: 2020.04.17 16:51:02 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.04.20 11:47:54 -04'00'