Redacted and Signed J and A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION >$250K

DLA Land & Maritime Justification for Other Than Full & Open Competition (October 2020)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. Defense Logistics Agency (DLA) Land and Maritime Puget Sound is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. This procurement will utilize the procedures found in Federal Acquisition Regulation (FAR) Parts 12 and 13.5).

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

BRIEF DESCRIPTION P/N QUANTITY EST. VALUE AMSC

LUNCHBOX CONTROLLER LB-4M/ACC 8 N/A

LANCE FEEDER SHR27 6 N/A

LANCE FEEDER SHR39 2 N/A

COMM HUB STI-H/ACC 8 N/A

INDEXER PS-UB-G 2 N/A

INDEXER STI-HD-3A GEN2 4 N/A

INDEXER STI-HD-UNIT B 2 N/A

E-STOP RM-ESTOP 8 N/A

VALVE DV-720 8 N/A

JOYSTICK LB-JSP 2 N/A

Type of contract and length: It will be Firm-Fixed-Price contract and one-time purchase.

These items are not NSN items and a AMSC code is not applicable.

These items are used to make three separate cleaning systems such as the TG condenser as system 1, the main condenser with radially arranged tubes as system 2 and the main condenser with tubes arranged on X/Y axis as system 3.

ESTIMATED TOTAL VALUE:

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.

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

Terydon Incorporated is a small business and the CAGE code is 715N2.

Terydon System Condenser Cleaning is built and developed specifically for condenser cleaning and has been tested with Government OMN funding during fiscal year 2020 and 2021. The products have been modified to work within the condensers and eliminate possible safety hazards to employees preforming the production jobs by eliminating “Slips, Trip, and Falls”. The shop 38 and the shipyard engineering have tested this equipment making modifications to suit shipyard usage and to meet the military specification. The cleaning system from Terydon has been tested to fit and be compatible in all aspects (form, fit and function) with the current end systems in the Shipyard. As such, they are sole sourced to Terydon Incorporated.

6. Efforts to ensure that offers are solicited from as many sources as practicable are (Reference Sources Sought in this Paragraph):

[ X] The solicitation will be posted on or about 06/24/2021.

[ X] Other. (Explain): A sources sought was posted on beta.sam.gov.

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

Pricing will be determined to be fair and reasonable utilizing past purchase history from multiple previous awards that have been determined to be reasonable.

8. Market Research/Efforts to Obtain Competition: Describe the market research conducted and the results.

All required sources of supply such as Unicor, Ability One, Dynamic Small Business, Google were screened to determine their ability to supply the requested items. Unicor and Ability One are unable to supply. The Dynamic Small Business Search database was searched using NAICS code 333249 and the keyword “lunchbox controller”, “lance feeder”, “comm hub”, “indexer”, “e-stop”, “valve” and “joystick”. No small business companies from the Dynamic Small Business Search can supply these items. A search of the NAICS code 333249 on the non-manufacture waiver showed that the waiver is not applicable for that NAICS code. A source sought notice was posted on sam.gov on July 21, 2021, with a response date of July 27, 2021. No answer was received from the sought sources posting.

The previous contract for these items is the contract number N4215821C0003, 333999/500, Terydon Incorporated, unrestricted, $1,033,510.

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

[ X ] A market survey was conducted on/during June 23, 2021. Total number of vendors contacted: 1 Names of vendors contacted and responding: The manufacture Terydon Incorporated was contacted for the market research and replied for asked questions on June 23, 2021.

Techniques used to conduct survey: email.

Types of information requested: availability, lead time, discounts, direct quote to the Government or have distributors.

Summary of information received: Terydon Incorporated will quote directly to the Government.

Based on the results of the market survey conducted they will quote directly to the Government for this requirement. As there is not expectation of two or more small businesses being able to quote, a small business set-aside is not appropriate. The recommendation is that the acquisition be issued on an unrestricted sole source basis.

The three cleaning systems include item lunch box, lance feeder, indexer, comm hub, e-stop, valve, and joystick were searched and found it on the Terydon website for sale to general public. As such, they are considered as commercial items.

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

[ X ] Other: (Explain) Based on the technical review and certification technical data is not available to the Government and cannot be developed to permit full and open competition. The data presently available reflects the

Head of the Contracting Activity (HCA) Date Signature

DLA General Counsel Date

Senior Procurement Executive (AQ) Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)