Justification and Approval (JA) v2.1 - Redacted.pdf

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3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY’S

NEEDS:

4. IDENTIFICATION OF STATUTORY AUTHORITY:

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

(Check the applicable U.S.C. authority from the listing below)

10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1) 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-2, DFARS 206.302-2))

10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3) 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-5, DFARS 206.302-5)

10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6) 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7) X 41 U.S.C. 1901 or 41 U.S.C. 1903, This J&A satisfies the FAR 13.501(a)(1) and (2) regulations to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial product or service with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options)($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by FAR 13.5.

This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A))

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

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5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

Restriction of sources for this acquisition is justified in accordance with 10 U.S.C. 2304(c)(1).

Research was conducted to identify potential service providers who, as the normal course of business, possess the capability to provide Critical Spare Parts for Modula Vertical Lift Modules (VLMs). The parts, software and firmware are proprietary and are only available to Modula-certified dealers / distributors. Modula does, however, allow their dealers to compete for business within proximate regions. Modula also allows their dealers limited pricing autonomy.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

When procuring commercial supplies not to exceed $7 million the Government is authorized to use simplified acquisition procedures in accordance with FAR subpart 13.5. Furthermore, the use of simplified acquisition procedures in FAR part 12 allow for the Government to use streamlined solicitation procedures as prescribed at FAR subpart 12.6. These streamlined procedures allow the Government to combine both the synopsis and solicitation in a single document. Therefore, the requirement will be publicized in accordance with FAR subpart 12.603(a) providing for a combined synopsis/solicitation.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer, using price analysis technique(s) at FAR subpart 13.106-3, will make an affirmative fair and reasonable price determination.

8. DESCRIPTION OF MARKET RESEARCH:

In accordance with FAR Part 10, Market Research was performed by DLA Distribution, Acquisition Operations J7, Acquisition Assistance AF-1 to arrive at the most suitable approach for the to identify potential service providers who possess the capability to provide critical spare parts for Modula Vertical Lift Modules (VLMs). No search sources were found. In direct conversations with Modula, potential third-party maintenance services providers are not authorized to carry out any maintenance services on Modula ASRS equipment. The parts, software, and firmware are proprietary and are only available to Modula-certified dealers / distributors.

Market Research identified nine (9) possible sources of supply who were contacted for interest. Five

(5) vendors responded that they were interested in the acquisition.

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9. OTHER SUPPORTING FACTS:

Include any other facts supporting the use of other than full and open competition, such as:

Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

When FAR 6.302-1, only one responsible source, is cited for follow-on acquisitions as described in FAR 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

When FAR 6.302-1, only one responsible source, is cited, as described in DFARS 206.302(d) and DFARS PGI 206.303-2(b)(i)(A), include the results of the request for information (RFI)/Sources Sought Notice posted IAW DFARS PGI 206.302-1 (unless the requirement to post has been waived).

When FAR 6.302-1, only one responsible source, is cited, as described in FAR 6.302- 1(c)(1)(B), indicate that the use of such descriptions (brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer) in the acquisition or portion of an acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

When FAR 6.302-2, unusual and compelling urgency, is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

When FAR 6.302-6, national security, is cited, describe how disclosure of the Government's needs would compromise the national security (e.g., would violate security

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requirements). This authority must not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, 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.

For a sole-source 8(a) contract over $100 million, include such other matters as the head of the agency concerned shall specify for purposes of this section.

X Other facts supporting the justification:

In accordance with DFARS 206.302-1(c)(2), "Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions." Failure to require or equal supplies on this procurement will cause the equipment to not function properly, not last as long, and will present printing quality issues. In the long term this would increase procurement costs by having to order supplies more often and having to repair the equipment more frequently.

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

Five vendors were identified through market research that were contacted and expressed interest.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE/OVERCOME BARRIERS

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES/SERVICES IS

REQUIRED/MADE:

None.

12. STATEMENT OF DELIVERY REQUIREMENTS:

The delivery requirement is 60 Days ARO.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED BY