JA63021cSPE7M121R0008.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M121R0008

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

(FEB 2017)

[ 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 on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN/P/N PRICE

(EA)

QUANTITY EST. VALUE

(base + 2 option yrs)

AMSC

REGULATOR, VOLTAGE 6110-01-379-7187 IQC -TBD C

Identify end item, weapon system, or class of item: _39A_____MISSILE, PATRIOT_____

ESTIMATED BASE (1 YEAR) VALUE (USING ANNUAL DEMAND VALUE)

ESTIMATED TOTAL VALUE (1 YR BASE + 2 OPTION YEARS)

MAXIMUM CONTRACT VALUE (1 YR BASE + 2 OPTION YEARS)

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

[ X ] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

[ ] 10 U.S.C. 2304(c)(2) - Urgency.

Brief narrative supporting the situation and weapon system:

__39A_________ There is only one manufacturer (approved source) that has rights and possession to the drawings and is approved to make this item.

[ ] 10 U.S.C. 2304(c)

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

____Creating Technology Solutions (60177)_________

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.

Technical review performed by the Product Specialist was completed for the NSN identified above on September 28, 2020 to certify the accuracy of the AMC, AMSC, and approved source for the NSN. The Government does not own the data to manufacture this item, which is controlled by the approved source of supply Creating Technology Solutions (60177). The approved source controls the documents used to make this item, and as such the contractor is uniquely qualified to make this item, for which the Government has no full and open documentation.

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

[ X ] The acquisition will be synopsized on or about ___05/24/2021__________.

A Sources Sought was posted on the website, https://beta.sam.gov/ on __10/20/2020___________ through ________11/02/2020. No responses to the Sources Sought.

The manufacturer expressed interest in the solicitation. Previous suppliers (non-manufactures) declined expressing no interest and no longer representing that source.

(X) At the completion of the synopsis period, the solicitation will be solicited on the internet for a minimum of 30 days to the DLA Internet Bid Board System (DIBBS).

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

Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include length of contract, quantity, and other contract particulars bearing on the price.

The anticipated price is anticipated to be fair and reasonable because pricing has been consistent the past 12 months. Not anticipating a drastic price increase. However, if a drastic increase does occur options don’t have to be utilized. a weighted average evaluation will be done to determine the lowest and highest weighted bidder, but that pricing will be determined fair and reasonable based on competition if received, and comparison to past buys and price analysis

8. Market Research/Efforts to Obtain Competition:

Google search was conducted on this NSN. Looked into past history buys. Reached out to past sources. Sources sought with market survey was posted on BetaSAM(formerly FEDBIZOPs).

Past dealers declined interest as they no longer represent that product. The oem of the approved

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M121R0008

NSN did express interest in the opportunity. There is no past J & A. This is the first purchased of this kind and size for this NSN.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] A market survey was conducted on/during ____10/14/2020___________________.

Total number of vendors contacted: _________ 3______________________.

Names of vendors contacted and responding: Creating Technology Solutions (60177) – expressed interest, Brighton Cromwell (3NNX8) declined, and Boeing Distribution Services (3G1W3) no response.

Techniques used to conduct survey: _____email and posting Beta SAM .

Types of information requested: _Requested information regarding commerciality, inventory, availability, and manufacturer.

Summary of information received: Interest received was from approved manufacturer Creating Technology Solutions (60177) in IQC. _________________________________________.

Information received regarding the commerciality of the item(s): This part is for the 15kw 400Hz generator set used only by the military (radar and missile systems) and while the oem provide a similar 60Hz version commercially, they do not have any customers in the commercial market for the 400Hz version. It has never been purchased for use in the commercial market.

The item is non-commercial according to the manufacturer, Creating Technology Solutions (60177). Additional research early in the market research phase did not find any commercial products fitting the specifications. According the product specialist, “There is no data, drawings, or material information available for commercial application.” Therefore, contracting officer determines this NSN is non-commercial. The government will not utilize FAR 12 procedures but instead utilize FAR part 15 procedures to solicit.

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

[X ] 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) _None one expressed interest other than Creating Technology Solutions (60177) P/N 19890-001.

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

[ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items and L04, Offers for Part Numbered Items.

[ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)______________________________________________________________________

Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program.

The Competition Management Office (CMO) would encourage interested parties to submit Source Approval

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

(FEB 2017)

Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

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

Head of the Contracting Activity (HCA) Signature

Senior Procurement Executive (AQ)

Date

Date

Date

Date

Signature

APPROVAL REQUIREMENTS

[ X ] Up to $750,000 Contracting Officer

[ ] $750,000 to $13,500,000 Competition Advocate

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

BEECHEY.ELIZABETH.E.12

30201656

Digitally signed by

BEECHEY.ELIZABETH.E.1230201656

Date: 2021.05.20 16:42:48 -04'00'

[ ] over $93,000,000 Senior Procurement Executive (AQ)