JA6.302-2 SPE7L321D0022.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L321RX021

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. FAR Subpart 13.5 procedures are being used pursuant to 41 U.S.C.

1901. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM

UNIT ADQ UNIT

PRICE ADV AMSC

6140016315409 Cell, Battery EA 20 2470.00 D

THIS IS FOR A FIRM FIXED PRICE LTC

ESTIMATED BASE (3 YEAR) VALUE:

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

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: BCMS UPS Rack. This item is currently described as a Cell, Battery but upon further review the product specialist is issuing a catalog action to change the nomenclature to Uninterrupted Power Supply. Powerstar, Inc confirmed that the item is a steel tray containing high temperature long life replacement batteries and a connector as well as a rail kit to mount to the BCMS UPS Rack. It is only one box and is just a part of the UPS system. NSN 6140-01-635-5409 is the battery section of a 2-piece power supply system.

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: Powerstar, INC. (0ZAP8)-SMALL Business Manufacturer, Part Number:

PS6003RM2U18-BP-H.

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 , Product Specialist -DLA Land & Maritime/ SAPD, on 3/11/2021 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.

5. Powerstar, (0ZAP8) 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:

a. Powerstar (0ZAP8) 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 on the military weapon system, BCMS UPS Rack.

b. The Government lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only Powerstar (0ZAP8) possesses the complete data and rights to the data.

c. The above is also supported by the information stated in the items’ applicable AMSC of ___D__.

Battery Storage for UPS devices are common in the commercial market and this item has commonality with others for sale in the commercial market. However, this item’s design and operating characteristics are required by the Navy as it has a shorter depth than most in the commercial market. Market research identified no other commercial product that meets the military’s design and operating requirements for these end items. The manufacturer describes this item as a battery tray and is a subsystem to their UPS end product. Battery trays supply standby power for UPS when main power to the system is lost.

Source:

NSN Description Approved

CAGE

Company Name Approved Part Number

6140016315409 Cell,battery (shipboard power dual pole breaker 0ZAP8 Powerstar, Inc PS6003RM2U18-

BP-H

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

A Sources Sought Notice was posted to www.betasam.gov on April 23, 2021 and further discussed in Paragraph 8.

The acquisition will be synopsized on or about May 17, 2021 for 1 day prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 10 days via the DLA Internet Bid Board System (DIBBS).

Procurement history:

A Sources Sought Notice was posted to www.betasam.gov on April 23, 2021for this specific item. The posting remained open until April 28, 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. 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 interested parties from the sources sought notice.

Market Surveys were sent out to three contractors on April 23, 2021 and the approved source on May 13,2021.

o Techniques used to conduct survey: E-mailed correspondence and spreadsheet.

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

o Total number of vendors contacted: Three previous awardees were contacted and the sole approved source for a total of four market survey requests. All four responded.

o Names of Vendors Contacted and summary of information Received:

requirements, the Product Specialist stated that was unknown.

When asked when the last time the technical team researched availability of alternative options, the Product Specialist stated the last review (339) was conducted in September of 2017.

In regards to Brand Name or Equal specification based on salient characteristics readily available in the commercial marketplace, the Product Specialist stated that there was insufficient characteristics to make this determination.

In regards to how the NSN is different from other commercially available items (ie: unique characteristics to ensure the safe, dependable, and effective operation of military equipment (reliability/durability), weapon system coded, critical item of supply), the Product Specialist that due to this item’s insufficient characteristics, that determination could not be made.

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. Product Specialist of record, Joshua Thompson certified May 7,2021 that all information in this J&A is complete and accurate (see attachment #2)

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.

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

Kampi Components, (7Z016), Small Business dealer responded to market survey and expressed interest in 3 year base IDC with two option years.

J.G.B Enterprises, (61125), Large Business dealer responded to market survey and expressed interest but in the 3yr. IDC but recommended individual pricing.

Lynn Electronics, (19151), Small Business dealer responded to market survey and expressed interest in 3 year base IDC with two option years.

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. Recent Procurement was under SAT and did not contain a J&A.

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/CERTIFICATION:

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

( ) $750,000 to $13,500,000 Competition Advocate

Attachments:

#1- Powerstar Price list #2- Tech statemen to accuracy

Attachment #1 Powerstar Pricelist 2-8-2021.pdf

WILSON.KARIN

.M.1378372158

Digitally signed by

WILSON.KARIN.M.1378372158

Date: 2021.05.19 15:13:04 -04'00'