J ansd A (SPE7M521R0007).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M5-21-R-0007

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 codes on 10/21/2020. On 10/26/2020, the Product Specialist changed the AMC/AMSC code from 3/H and agreed that the AMC/AMSC codes for this NSN is 4/C.

Based on the aforementioned, the Product Specialist has certified that the technical information, including the AMC/AMSC code 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 January 21, 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 beta.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 beta.SAM.gov on 11/02/2020 with a suspense date of 11/09/2020. Responses were received from Pelican Sales, Inc. (0Z3N0) and Dutch Valley (31068).

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.

Negotiations 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 was sent to ABB Enterprise Software Inc. (0D3T2) to be completed and returned.

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

In addition to the above, a “Sources Sought Notice” was posted on beta.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. Two contractors responded as follows, Pelican Sales, Inc. (0Z3N0) and Dutch Valley (31068). Pelican Sales, Inc. ask if we would be interested in setting this opportunity aside for WOSB and if we could provide an update on potential opportunities for their company to offer quotations. They did not complete and return the Market Research/Survey that was in beta.SAM.gov. Dutch Valley responded with a no-bid

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

[X] A market survey was conducted on/during 11/02/2020 and a “Sources Sought Notice” was posted on beta.SAM.gov on 11/02/2020 with a suspense date of 11/09/2020.

Total number of vendors contacted: 1

Names of vendors contacted and/or responding:

a) ABB Enterprise Software Inc. (0D3T2)

b) Pelican Sales, Inc. (0Z3N0): On 11/03/2020, this contractor responded to the Sources Sought Notice that was posted on beta.SAM.gov. They asked if we would be interested in setting this opportunity aside for WOSB and if we could provide an update on potential opportunities for their company to offer quotations.

They did not complete and return the Market Research/Survey that was posted on beta.SAM.gov. They were notified via email dated 11/03/2020 that this potential buy was a sole source item to ABB Enterprise Software and that any offer of alternate items must submit a SAR package and that this solicitation would not be set-aside. For potential opportunities, they were directed to go through our DIBBS system or seek guidance through the Small Business Office.

c) Dutch Valley (31068): On 11/05/2020, this contractor responded via email with a no-bid. It is assumed that they were responding to the Sources Sought Notice that was posted o beta.SAM.gov. No Market Research/Survey was mentioned or received.

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 beta.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?

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

(2) The sole source part number was researched in Haystack, GSA, and Google. No additional data was found to indicate that this part is available commercially.

(3) The AMC/AMSC is coded “4/C”; acquired, for the first time, directly from the actual manufacturer and that this part requires engineering source approval by the design control activity in order to maintain the quality of the part.

(4) Per DoD FEDMALL, the item is used on the U. S. Navy CVN 68 Class reactor fill auxiliary system, NIMITZ CVN and CVN Nuclear reactor boundary area.

Therefore, based on the aforementioned, this item has been determined “not” to be commercial.

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:

a) ABB Enterprise Software Inc. (0D3T2)

b) Pelican Sales, Inc. (0Z3N0)

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 Beta.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 (2 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 11/02/2020

BOYER.CHRISTIN

E.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.12496996

Date: 2021.01.12 13:31:33 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.01.14 15:10:38 -05'00'

1/12/2021