JA6.3012SPE7L521D5002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L521RX004

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 for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4. FAR Subpart 13.5 procedures are being used pursuant to 41 U.S.C. 1901.

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

NSN ITEM

UNIT ADQ UNIT

PRICE ADV AMSC

6140-01-493-

8357 BATTERY,STORAGE. EA 181 D

ESTIMATED BASE (3 YEAR) VALUE:

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

MAXIMUM CONTRACT VALUE:

Project is for a Firm Fixed Price Contract.

The item is used on the following weapon systems:

62A: MULTIPLE LAUNCH ROCKET SYSTEM (MLRS)

VSA: COMMAND CONSOLE, AN/ASC-15 CURRENT MODELS/VERSIONS

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 1 approved manufacturing source: CAGE 08TP4, Automated Business Power, Inc.

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 Land Product Specialist on 1-13-2021 and 4-30-2021 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 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.

AMC/AMSC confirmed by the Product Specialist on 1/13/2021 per Tech Certificate.

5. The source listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on 4/30/2021, 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.

This is due to one or more of the following:

(X) The listed source is the only source that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality.

(X) The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

(X) The above is also supported by the information stated in the item’s applicable AMSC of ___D____.

The following are the essential characteristics of the item that meets the Government’s requirements.

- Wide DC input range of 9 to 36VDC to include 12VDC, 24VDC, 28VDC, HMMWV, Military vehicles, civilian vehicles, aircraft power and DC generators. Not limited to 11VDC

- Operator safety feature prevents the use of incompatible battery.

- Operating temperature: -40°C to +70°C to match the transceiver operating specifications.

- Output voltage is 26.5 which is more common in aircraft.

- End item has military connectors, and battery has the form, fit, and function to properly work with the end item.

Source:

NSN Description Approved

CAGE

Company Name Approved Part

Number

6140-01-493- 8357 BATTERY, STORAGE 08TP4 Automated Business

Power, Inc.

ABP-BT-

24V/1.9AH-1

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

A Sources Sought Notice was posted to www.fbo.gov on 4-30-2021.

The acquisition will be synopsized in Federal Business Opportunities at least 1 day prior to issuance of solicitation.

The solicitation will be posted to DIBBS for a period of 11 days.

Dealers of the approved manufacturing sources 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 included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long term contracting for the items.

Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, a market survey received from an interested party, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research in accordance with FAR Subpart 12.1 was conducted to determine the commerciality of this item. DLA Land and Maritime’s Product Specialist indicated this was a Commercial Of A Type item. A review of the DLA Product Master Classification indicated that this is a Commercial-Off-The-Shelf item. The item is only available from one approved source as identified above.

Procurement history:

Attach. 2

A Sources Sought Notice was posted to www.fbo.gov on 4/30/2021 for this specific item. The posting remained open until 5/4/2021. 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. No replies were received on the Sources Sought.

Market Surveys were sent out on 4/30/2021.

o Technique used to conduct survey: E-mailed correspondence.

o Types of information requested: Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery, and quantity sensitivity.

o Total number of vendors contacted: 2; both replied.

o Names of Vendors Contacted:

o Kampi Components (7Z016); SB dealer o Automated Business Power (08TP4); SB manufacturer o Both were prior awardees of this item.

o Name of vendor and summary of information Received:

o Kampi Components, a known SB dealer, replied: “We are unable to assist, the manufacturer primarily quotes directly.”

o Automated Business Power is a SB manufacturer who does not have a commercial distribution network but may quote select resellers occasionally. The exact item sold to non-Governmental customers in the same form without modification.

. There are not announcements, websites, or brochures for this exact item. A complete set of drawings will not be provided. Commercial sales history is not provided.

military equipment (reliability/durability), weapon system coded, critical item of supply, the Product Specialist stated that this material is Weapon System Coded to the multiple launch rocket systems (MLRS) and the Command Console, AN/ASV-15.

Please see second bullet point for unique characteristics.

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 DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews. Tech Certificate dated 1-13-2021 indicated that “All means to obtain a technical data package adequate for manufacture of the item has been exhausted.”

See Attach 1.

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

Automated Business Power (08TP4)

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 Note: L04-Offers for Part Numbered Items The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for Part

Numbered Items.

12. Last contract SPE7L018D5012 was under SAT and did not contain a J&A.

Attach 1. Tech Certification Attach 2. Procurement History

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2021.05.21 08:02:09 -04'00'