JA FOIA.pdf

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Attached to
Transformer, Power
Solicitation number
SPE7M523R0007
Issued by

About this file

This justification document outlines a sole source procurement for a power transformer from three incumbent suppliers. The Defense Logistics Agency Land and Maritime plans to issue a firm fixed-price contract for an unspecified quantity of the transformer, which is a non-commercial item. The justification cites market research showing the three identified sources as the only known manufacturers with necessary data rights. Efforts to promote competition included a sources sought notice and subsequent synopsis. Based on pricing analysis of a recent procurement, the contracting officer determined fair and reasonable cost.

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Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M523R0002; Purchase request (PR): 95653052

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

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 9/27/2022, the Product Specialist (see Attachment #1) certified that the technical information, including the AMC/AMSC and approved sources, is complete and accurate. The product specialist validated that this NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 1/C. Tyonek Fabrication Corp (1XPL6), TFAB Manufacturing (32SM9) and Global Circuit Innovations (7DGP6) are uniquely qualified because they are the only known sources with the data or rights to the data necessary to manufacture the item.

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

The acquisition will be synopsized on or about 11/25/2022 for 15 days. At the conclusion of the synopsis, the solicitation will posted on the DLA Internet Bid Board System (DIBBS) for 30 days.

A Sources Sought was posted to SAM on 9/28/2022 for 15 days. Two responses were received from Ability & Drive (38WY7) and Wisecom Technologies (88KZ6).

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The most recent procurement was in 9/2022 for 349 units at $2290.05 per unit and was based on contracting officer’s analysis of contract history (PRC BG).

This will be a firm, fixed price contract to a DLA Direct stocking location. IAW FAR 19.702(a)(1) a subcontracting plan will not be required as the procurement will be solicited as a Total Small Business Set Aside.

IAW FAR 19.702(b), Certified Cost or Pricing Data will be required as the estimated maximum value will exceed $2 million.

Negotiations may be used pending price analysis and competition.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

Length of contract: A firm, fixed price contract for a definite quantity with no options will be issued.

7. Market Research/Efforts to Obtain Competition:

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

The Material Master (MM03) states this item is not commercial. Bidders on previous procurements did not state this a commercial item. A search on both Google and GSA Advantage found no listings. A search on the websites for Tyonek and Global Circuit Innovations did not find this part listed. The product specialist did not state this a commercial or a commercial-of-a-type item. The Contracting Officer hereby determines that this item is not commercial.

A Sources Sought was posted on SAM from 9/28/2022 to 10/12/2022. Two responses were received from Ability & Drive (38WY7) and Wisecom Technologies (88KZ6).

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M523R0002; Purchase request (PR): 95653052

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

11. IAW DFARS PGI 6.3, the previous J&A must be attached. The previous procurement was under the Simplified Acquisition Threshold using Special Emergency Procurement Authority; therefore, a J&A does not exist.

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.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer [X] $750,000 to $13,500,000 Competition Advocate

Attachments:

1. Product specialist certification

2. Market Survey

PITMAN.ROY.

V.1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2022.11.16 14:58:42 -05'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.11.22 08:38:04 -05'00'

11/16/2022

11/22/2022

File details come from the government source that posted it. Updated .