JA Brand Name or Equal Redacted.pdf

DEFENSE LOGISTICS AGENCY

DISTRIBUTION

430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5004

CUI

Source Selection Information – See FAR 2.101 and 3.104

Controlled By: DLA Distribution Controlled By: DLA Distribution J7AB

CUI Category: Procure Distribution/Dissemination Controls: Fed Only

POC: Joseph Crowley, 717-770-5445

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Note: Justifications restricting consideration IAW FAR 8.405-6(a) or (b), retitle document “Limited-Sources Justification”)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA DISTRIBUTION ACQUISITION OPERATIONS (J7)

430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

Contracting Officer: Christopher L. Robinson, Christopher.robinson@dla.mil

Acquisition Specialist: Joseph Crowley, Joseph.Crowley@dla.mil

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED:

This is a limited competitive action, that will utilize the procedures in FAR Parts 12/13 and be awarded as:

-- a new firm fixed price contract

Use of a limited competitive contract is in the best interest of the agency concerned.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY’S

NEEDS:

DLA Distribution Susquehanna PA (DDSP) has a requirement for 173 MHE battery chargers.

The customer is requiring the ACT Quantum battery charger or an equivalent product. All equivalent machines need to meet the salient physical, functional, and performance characteristics specified in the solicitation and solicitation Attachment 1 Salient Characteristics.

The purpose of this procurement is to replace the aged legacy system with smart opportunity

CUI Category: Procure chargers. Technology through smart opportunity charging has proven to extend the life of MHE batteries.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is:

(Check the applicable U.S.C. authority from the listing below)

___ 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1)

___ 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR

6.302-2, DFARS 206.302-2))

___ 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

___ 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

___ 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR

6.302-5, DFARS 206.302-5)

___ 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

___ 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7)

___ This J&A satisfies the FAR 13.501(a)(2) regulation to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial item(s) with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options)($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by FAR 13.5:

X This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

CUI Category: Procure

___ This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

___ An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A)) ___ Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

____ In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

____ Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

The technology and capability of the Quantum battery chargers have proven to extend the life of MHE batteries through smart opportunity charging. DDSP's current batteries have been rejuvenated and circulated back into the system for extended usage, however: they will eventually be replaced for lithium batteries. The ACT Quantum battery chargers provide conventional, opportunity, and fast charging capability integrated into a single system. The current chargers often fail due to software updates or not having the ability to troubleshoot them effectively. The Quantum chargers provides automated data uploads with real time analytics, automatic updates, and the ability to troubleshoot remotely. They will also send out alerts when a charger has failed so the user can get it back into service quicker.

The Quantum also allows you to charge lead acid and lithium batteries. Chargers used by DDSP in the past did not have the capability to charge both types of batteries. DDSP is moving towards the use of lithium batteries and anticipates that the lithium batteries are the future of batteries. At the same time, DDSP needs to be able to charge the lead acid batteries still in circulation. It is essential to have chargers that are able to charge lithium and lead acid batteries. Otherwise, the Government would be purchasing double the chargers for each type of battery which is not a cost-effective alternative.

This procurement will be solicited as brand name or equivalent. All equivalent battery chargers need to meet the salient physical, functional, and performance characteristics specified in the solicitation and solicitation Attachment 1 Salient Characteristics. The salient characteristics were

CUI Category: Procure reviewed by the technical point of contact and legal counsel to verify that competition was not unduly restricted.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

An unrestricted combined synopsis/solicitation for a brand name or equal procurement will be posted to Sam.Gov. The specialist will reach out to to inform them a solicitation was posted.

7. DETERMINATION OF FAIR AND REASONABLE COST:

Price Fair and Reasonable will be documented on the SAAD at time of award.

8. DESCRIPTION OF MARKET RESEARCH:

During the last procurement cycle, DLA received , of which were determined to have submitted quotes that were responsive and/or responsive with minor corrections to vendor technical solutions to the technical specifications contained in the RFQ. Based on prior procurement history, the contract specialist believes that DLA will receive multiple quotes in response to this upcoming brand name or equal solicitation.

9. OTHER SUPPORTING FACTS:

Include any other facts supporting the use of other than full and open competition, such as:

Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

___ When FAR 6.302-1, only one responsible source, is cited for follow-on acquisitions as described in FAR 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

___ When FAR 6.302-1, only one responsible source, is cited, as described in DFARS 206.302(d) and DFARS PGI 206.303-2(b)(i)(A), include the results of the request for information (RFI)/Sources Sought Notice posted IAW DFARS PGI 206.302-1 (unless the requirement to post has been waived).

___ When FAR 6.302-1, only one responsible source, is cited, as described in FAR 6.302- 1(c)(1)(B), indicate that the use of such descriptions (brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one

CUI Category: Procure characteristics were reviewed to give contractors a better understanding of what specifications were needed for equivalent brands. This better clarification should increase the number of potential vendors interested in competing for this requirement.

12. STATEMENT OF DELIVERY REQUIREMENTS:

Delivery is 4-6 weeks ARO for all 173 chargers.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED BY

THIS JUSTIFICATION:

ENDORSEMENT

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION (FAR 6.303-1(c) or FAR 8.405-6(c)(2)(x)):

I certify that the facts, representations, and any supporting data under my cognizance which are included in this justification and its supporting acquisition plan which form a basis for this justification are complete and accurate.

Technical Cognizance:

(Requirement’s originator)

(717)770- Name Title Phone Signature Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-1(a)(2 or FAR 8.405-6(c)(2)(ix)):

(Note: Pursuant to FAR 6.304(a)(1), FAR 8.405-6(d)(1), or FAR 13.502(a)(2)(i), this certification also serves as approval for justifications not exceeding $700,000, unless a higher approval is established IAW agency procedures)

I certify that this justification, including its supporting acquisition plan, is accurate and complete to the best of my knowledge and belief.