JA6.302.1CSPE7LX20R0027.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0027

FOR OFFICIAL USE ONLY

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

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

Perkins Technical Services (CAGE 06AE7)

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

Per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), CAGE 06AE7 is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services. A technical review in support of a potential LTC was performed on October 30, 2019. The Product Specialist reviewed the technical information and certified it as accurate and complete. The Product Specialist certified that the Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than CAGE 06AE7 and that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

The Contracting Officer has determined the items covered on this project are not commercial and will be procured under FAR Part 15 procedures. Perkins Technical Services indicated that the items are commercial (provided invoices), are published in a catalog, and they provided un-redacted commercial sales history.

However in reviewing the invoices, the invoices provided to support commerciality cited a Government contract/purchase order or the users were military installations and therefore cannot be used to assist in the commerciality determination.

The buyer requested additional commercial determination assistance from the DCMA Commercial Item Group (CIG). A report (Case Number FY20-045) was received from the DCMA CIG (See Attachment 2 – DCMA CIG Case Number FY20-045). The following information was received:

The DCMA CIG Contracting Officer determines, as implemented by the Defense Federal

Acquisition Regulation Supplement (DFARS) 212.102(a)(i)(A), that the SINGARS Dual AC/DC Power Supply Docking Stations Part Numbers (PNs) AS0004-SR-4A-TAN, AS0004-SR-4A-OD and AS0004-SR-4-OD do not meet the commercial item definition (hereinafter the definition) in the Federal Acquisition Regulation (FAR) 2.101 and therefore determines the items to be non-commercial.

Perkins Technical Services, Inc. (PTS) Power Supply Docking Stations (PSDS) provide the warfighter with the ability to use military radios in fixed and semi-fixed environments without batteries or deadlined vehicles. Designed to meet differing deployment requirements, PTS offers 11 different systems supporting SINCGARS, Harris and

Raytheon tactical radios including RT-1523 (E/F/G), AN/PRC-117 (F/G), AN/PRC-152, AN/PRC-150 and AN/PSC-5 (C-D).

Market research has shown that all three SINGARS Dual AC/DC Power Supply Docking Stations are only used with Military SINGARS Radios. Market research also did not identify any docking stations with features and specifications similar to the subject docking stations. All docking stations revealed in the market research would require major modifications to provide the capabilities of the proposed items.

In support of the commerciality review the DCMA Engineer requested invoices showing the SINGARS Dual AC/DC Power Supply Docking Stations have been sold to the general public. No invoices were produced providing evidence the subject Docking Stations were sold to the general public.

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

The acquisition will be synopsized on or about February 10, 2020.

The solicitation will be posted to DIBBS for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

a. Cost or Pricing data is required I/A/W FAR 15.403-1(b)(1), as competition is not expected. This item will be solicited as Other Than Full and Open Competition. The buyer only intends to award the NSNs if fair and reasonable price determinations can be made.

b. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on Cost or Pricing Data, conducting a Price analysis, Producer Price Index (PPI), and learning curve analysis.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.fbo.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted nine contractors, which included the approved source and other potential dealers.

Sources Sought Notice:

A Sources Sought Notice was posted to FBO on October 28, 2019, and closed on November 5, 2019. No additional sources responded.

Market Research Conclusion:

Market surveys were sent between October 22, 2019 and October 28, 2019 Total number of vendors contacted: 9 Names of vendors contacted: The buyer contacted the approved source, Perkins Technical Services (CAGE 06AE7). The buyer also emailed the market research to two dealers who have quoted this item in the past (Indus General (CAGE 75NB9) and CF Motion (CAGE 1JGK7)) along with six companies that Perkins Technical Services will quote to through a DLA Tailored Logistics Support Program administered by Troop Support. Those six companies were: Atlantic Diving (CAGE 1CAY9), Federal Resources Supply (CAGE 1Q3Z9), Quantico Tactical (CAGE 3E4Q7), Unifire Incorporated (CAGE 3RJT9), USA TSSI (CAGE 0UWS0), and W.S. Darley & Company (CAGE 00299).

Techniques used to conduct survey: E-mail Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

Perkins Technical Services, Inc. (PTS) Power Supply Docking Stations (PSDS) provide the warfighter with the ability to use military radios in fixed and semi-fixed environments without batteries or deadlined vehicles. Designed to meet differing deployment requirements, PTS offers 11 different systems supporting SINCGARS, Harris and Raytheon tactical radios including RT-1523 (E/F/G), AN/PRC-117 (F/G), AN/PRC-152, AN/PRC-150 and AN/PSC-5 (C-D).

Market research has shown that all three SINGARS Dual AC/DC Power Supply Docking Stations are only used with Military SINGARS Radios. Market research also did not identify any docking stations with features and specifications similar to the subject docking stations. All docking stations revealed in the market research would require major modifications to provide the capabilities of the proposed items.

In support of the commerciality review the DCMA Engineer requested invoices showing the SINGARS Dual AC/DC Power Supply Docking Stations have been sold to the general public. No invoices were produced providing evidence the subject Docking Stations were sold to the general public.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Perkins Technical Services (CAGE 06AE7) / Women-Owned Small Business Manufacturer

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

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, the prior award SPE7LX19D0004 included a Justification and Approval (J&A) (See Attachment 1 –

SPE7LX19D0004 J&A).

ATTACHMENT:

1 – SPE7LX19D0004 J&A

2 – DCMA CIG Case Number FY20-045

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 $700,000, this signature serves as the approval.

MEGAN M. SAYLOR, Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total contract value of this acquisition is

Competition Advocate Signature Date

Head of the Contracting Activity (HCA) Date Signature

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[ ] $700,000 to $13,500,000 Competition Advocate

[X] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

SAYLOR.MEGAN.M.

1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2020.02.07 12:24:06 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.02.18 10:43:35 -05'00'

BROWN.MARK.ALBE

RT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.1041175032

Date: 2020.02.18 10:53:30 -05'00'