JA SPE7LX24RX035_for Synopsis.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24RX035

[X] 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/services on other than a full and open competition basis.

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

ITEM

NUMBER BRIEF DESCRIPTION NSN/P/N

ESTIMATED.

ANNUAL

QUANTITY

ESTIMATED.

ANNUAL VALUE AMC/AMSC

1 POWER SUPPLY 6120015316131 25 EACH 3/C

2 BATTERY SET 6140015306548 158 EACH 3/D

ESTIMATED 3-YEAR BASE VALUE $

ESTIMATED TOTAL VALUE (BASE + 2 OPTION YEARS)

MAXIMUM CONTRACT VALUE $

Identify end item, weapon system, or class of item:

NSN WEAPON SYSTEM

6140015306548 T-AKE 1 CLASS

6140015306548 JOINT HIGH SPEED VESSEL (JHSV)

6140015306548 USCG CUTTERS

6140015306548 LITTORAL COMBAT SHIP (ALL EVEN NUMBER SHIPS)

6140015306548 LITTORAL COMBAT SHIP (ALL ODD NUMBER SHIPS)

6140015306548 DDG-1000 ZUMWALT CLASS DESTROYER

6140015306548 FORD CLASS CARRIERS

6140015306548 TICONDEROGA CLASS CG (47)

6140015306548 MT WHITNEY LCC-20 CLASS

6140015306548 SHIP, SUPPLY CLASS TAOE

6140015306548 LITTORAL COMBAT SHIP

6140015306548 NIMITZ CLASS CVN

6140015306548 ARLEIGH BURKE CLASS DDG

6140015306548 WASP CLASS LHD / AMERICA CLASS LHA

6140015306548 AMERICA CLASS LHA

6140015306548 EMORY S. LAND CLASS AS

6140015306548 WHIDBEY ISLAND CLASS LSD

6140015306548 SAFEGUARD CLASS ARS

6140015306548 AVENGER CLASS MCM

6140015306548 USNS HENRY J. KAISER CLASS TAO

6140015306548 WASP CLASS LHD

6140015306548 MERCY AND COMFORT HOSPITAL SHIPS CLASS TAH

6140015306548 BLUE RIDGE CLASS LCC-19

6140015306548 USCG OPC CLASS CUTTERS

6140015306548 BALLISTIC MISSILE DEFENSE (BMD)

6140015306548 HAUGE CLASS T-AK 3000

6140015306548 C4ISR COMMAND, CONTROL, COMMUNICATION, COMPUTERS, INTELL, SU

6140015306548 LPD-17 CLASS AMPHIBIOUS TRANSPORT DOCK

6120015316131 OHIO CLASS SSBN (TRIDENT)

6120015316131 NIMITZ CLASS CVN

6120015316131 SEAWOLF CLASS SSN

6120015316131 WASP CLASS LHD / AMERICA CLASS LHA

6120015316131 AMERICA CLASS LHA

6120015316131 VA CLASS BLOCK III

6120015316131 SUBMARINE DATA PROCESSING

6120015316131 SUBMARINE MISCELLANEOUS SONAR AND ADP SYSTEMS

6120015316131 C4ISR COMMAND, CONTROL, COMMUNICATION, COMPUTERS, INTELL, SU

6120015316131 VIRGINIA CLASS SUBMARINE, SSN-774

6120015316131 LPD-17 CLASS AMPHIBIOUS TRANSPORT DOCK

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

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

Brief narrative supporting the situation and weapon system:

The use of the authority cited above is supported by the Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of each NSN listed below in section 5, which was confirmed as complete and accurate by the Strategic Acquisitions Program Directorate (SAPD) Product Specialist on 6/13/2023 during the technical review of the NSNs for placement on this long-term contract initiative and reconfirmed 4/12/2024 by a SAPD Product Specialist. See attachment #1 for the Technical Data Certification dated 4/12/2024.

The source listed in the table below in section 5, confirmed by the SAPD Product Specialist 6/13/2023 during the technical review of the NSNs for placement on this long-term contract initiative, and reconfirmed 4/12/2024 by a SAPD Product Specialist, is currently the only source with the necessary qualifications, ability, and approval by the design control activity to manufacture the items. The listed source is the only source that possess the complete

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

DLA Land & Maritime Justification for Other Than Full & Open Competition technical data, rights to the data, and capability necessary to manufacture the items for the required form, fit, function, and quality.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

ITEM CAGE NAME PART NUMBER

1 1BCN7 NOVA POWER SOLUTIONS, INC. 223-14535-2

2 1BCN7 NOVA POWER SOLUTIONS, INC. UPS1-2K-1G-SRNDTI-J2E

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering 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.

[X] 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. AMCS 3, 4, or 5 are valid.

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

[X] The acquisition will be synopsized on or about 5/20/2024.

[X] Dealer(s) of the manufacturer(s) will be solicited.

[X] Other. (Explain) The solicitation will be available on the DIBBS website: www.dibbs.bsm.dla.mil//rfp/

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:

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

A Sources Sought Notice was posted for seven days to www.SAM.gov on 4/12/2024. 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 new source responses were received from the notice.

Market Survey [10 U.S.C. 3204(e)(2)(D)], was conducted:

A market survey questionnaire was emailed 6/12/2023 to the approved source Nova Power Solutions, Inc. CAGE 1BCN7 and the following dealers: M.D.F. Technologies, Inc. CAGE 1P0H6, and Lynn Electronics, LLC CAGE 19151. Follow up emails requesting a response to the market survey were sent to all three contractors 10/17/2023 and again 4/24/2024. The following information was requested relative to each company and the items to be procured:

Company size and type.

Interest in submitting an offer for a long term contract.

Familiarity with and willingness to provide Certified Cost or Price Data (CCPD) if required.

Commerciality of the item.

Delivery information.

Nova Power Solutions responded with a completed market survey on 4/29/2024. Summary of information it provided:

Small business manufacturer.

It is interested in supplying the items on a long-term contract.

Considers the items to be commercial per FAR 2.101.

M.D.F. Technologies responded with a completed market survey on 4/24/2024. Summary of information it provided:

Small business dealer supplying the parts of Nova Power Solutions.

It is interested in supplying the items on a long-term contract.

Considers the items to be commercial per FAR 2.101.

Lynn Electronics did not respond to any of the requests for market survey.

Additional market research conducted by the Acquisition Specialist:

Reviewed previous procurement of each item for acquisition information. NSN 6120015316131was previously procured under other than full and open competitive procedures on long term contract

SPE7L019D0013, see attachment #2 for its Justification and Approval (J&A) under solicitation number SPE7L019RX013. This previous contract was solicited unrestricted utilizing FAR Part 13.5 commercial procedures. NSN 6140015306548 was previously procured under other than full and open competitive procedures on long term contract SPE7LX19D5051, see attachment #3 for its Justification and Approval (J&A) under solicitation number SPE7MX19RX011. This previous contract was solicited unrestricted utilizing FAR Part 13.5 commercial procedures.

Researched items on-line via the internet for commercial availability. Both NSNs were available for quotation on multiple websites. NSN 6140015306548 was found for sale to the public on The Army Property Store website with a listed price. The items were not found on any GSA contracts when researching the GSA web site.

Based on the market research conducted, the items to be solicited against subject solicitation have been determined to be commercial and will be procured under FAR 13.5 procedures.

9. Additional facts supporting other than full and open competition are:

[X] Based upon the technical certification, attachment #1, 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.

[X] Other: During the project development stage, each 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: Nova Power Solutions, Inc. CAGE 1BCN7 and M.D.F. Technologies, Inc. CAGE 1P0H6,

11. The following actions are being taken to identify additional sources:

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items.

[X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

[X] Other: 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. Upon review of the prior J&As attached and their associated procurements, it was found the actions under the previous solicitations were accomplished as stated in the J&As. No alternate offers were received.

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

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

SOLICITATION SPE7LX24RX035

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] $750,000 to $15,000,000 Competition Advocate

Attachment(s):

1. MFR Technical Data Certification

2. J&A of Previous Procurement SPE7L019D0013

3. J&A of Previous Procurement SPE7LX19D5051

ROBERTS.TRACY.S.12

30171781

Digitally signed by

ROBERTS.TRACY.S.1230171781

Date: 2024.05.13 15:29:39 -04'00'

WIEBUSCH.JAMIE.125

1897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.05.16 12:06:40 -04'00'