JA6.3021CSPE7MX22RX030.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-X030

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

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. Technical certification dated October 7, 2021, was provided by a SAPD Technician. The certification states that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). These items are to be procured from the sole source manufacturer, Fluke Corporation (See Attachment 1 – Technical Certification). Fluke Corporation is the only company known by the Government to possess the technical data necessary to manufacture these items. These items are instruments which are arranged to measure two or more different electrical quantities (such as volts, amps, and ohms) by means of associated circuits and switches. These items have been tested and proven to help to ensure the safety and enhance the performance of military, defense, and law enforcement professionals.

CLIN 0001 is the industry-standard troubleshooting tool for electrical and electronic systems. This incredibly versatile multimeter provides front-line troubleshooting tool with an input protection rating of CAT III 1000 V, CAT IV 600 V. It has voltage measurements to 1000 V AC/DC with current measurements to 10 A AC/DC.

This multimeter has resistance to 50 M capacitance to 10,000 F, frequency to 100 k z temperature from -40 to 400 . Several alternate offerors have been received for CLIN 0001 in the past. None of the alternate offerors were able to measure down to 40.0 M Volts as required and were deemed unacceptable. Any alternate offer would require a 339 be sent to Engineering Support Activity (ESA) for a Request for Variance

(RFV).

CLIN 0002 is a high-performance industrial logging multimeter designed to solve complex problems in electronics, plant automation, power distribution, and electro-mechanical equipment. With the ability to log data and review it graphically on-screen, you can solve problems faster and help minimize downtime. It is able to operate in environmental conditions ranging from -10°C to 55°C. Any alternate offer would require a 339 be sent to ESA for review and determination.

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

Fluke Corporation (CAGE 89536) part numbers 179, Fluke 179, and Fluke 179 ESFP (CLIN 0001) and Fluke- 289 (CLIN 0002) 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.

The approved CAGE and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on October 7, 2021. The technical data has indicated that these Multimeters are limited to Fluke Corporation, as the source. They are the only source know that is uniquely qualified to provide these items.

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 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. (CLIN 0002)

AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid. (CLIN 0001)

The approved source listed for these items has been evaluated by the military services’ Engineering Support Activity and is currently the only source known that is uniquely qualified to provide these items.

Fluke Corporation (89536) is the only known approved source to manufacture these items. None of these items appear on an interchangeable catalog or a commercial cross reference list. Fluke Corporation (89536) is the only source known to possess the technical data and manufacturing capability to manufacturer the items needed to meet the requirements of the service.

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

The acquisition will be synopsized on or about February 28, 2022, for 1 day prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

The sole source manufacturer will be solicited.

Dealers will be solicited.

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

a. Certified Cost or Pricing data is not required, as the acquisition is being solicited as commercial under FAR

Part 13.5. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

b. Commercial price comparison, price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown will be used to evaluate the price.

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.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the sole source and several dealers from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on February 8, 2022, and closed on February 16, 2022. No responses were received.

Market Research Conclusion:

Market Research was conducted on September 28, 2021. A response was received from Fluke Electronics Corporation (CAGE 4U744) and Fotronic Corporation (CAGE 1EZE9).

Total number of vendors contacted via Market Research: 7 Names of vendors contacted: Davis Calibration (88775), ammond Electronics (1CW50), Techni-Tool Inc.

(30239), Fotronic Corp. (1EZE9), and International Television Corp. (0EFK4).

Contractor CAGE Business Size Responded Fluke Corporation 89536 Large No

Fluke Electronics Corporation 4U744 Large Yes (Same as CAGE 89536) Davis Calibration 88755 Small No ammond Electronics 1CW50 Small No Techni-Tool Inc. 30239 Small No

Fotronic Corporation 1EZE9 Small Yes International Television Corporation 0EFK4 Small No

Techniques used to conduct survey: E-mail

Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

Information received regarding the commerciality of the items:

The NSNs on this LTC project are determined to be commercial. Previous acquisition (SPE7MX18D0046) was determined to be commercial and solicited utilizing FAR Part 12 procedures. The Market Survey respondents indicated that these items are commercial. The sole source provided commercial price list for each of the items. In addition to the Market Survey response, the buyer also conducted commerciality research. The buyer conducted internet searches, commercial database searches, researched past procurements, etc. The buyer was able to locate both CLINs online. Based on market research response, previous acquisitions, and the buyer’s additional Internet research, the Contracting Officer has determined that all items are commercial.

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)

Fluke Electronics Corporation (CAGE 4U744) Fotronic Corporation (CAGE 1EZE9)

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

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

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

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items 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, both CLINs are currently on contract SPE7MX18D0046. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7MX18D0046 (Attachment 2) is included.

Attachments:

1 – Technical Certification

3 – SPE7MX18D0046 J&A

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.

MEGAN M. SAYLOR, Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

MARY E. S EARER, Date Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

SAYLOR.MEGAN.M.

1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2022.03.02 07:42:01 -05'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.03.10 15:34:10 -05'00'