SPE7L322R0009 - reviewed_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L322R0009

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. 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 QUANTITY EST. VALUE AMSC

ANALYZER-CHARGER,BA 6130-01-508-3397

P/N MSD-970-1

25 D

Identify end item, weapon system, or class of item: LITTORAL COMBAT SHIP, DDG-1000 ZUMWALT CLASS DESTROYER, TICONDEROGA CLASS CG (47), ARLEIGH BURKE CLASS DDG and

TARAWA CLASS LHA

ESTIMATED BASE 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:

CAGE 81855 EAGLEPICHER TECHNOLOGIES, LLC P/N MSD-970-1 is the only approved source.

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 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.

The Government does not have access to the data needed to acquire this part competitively. It is not physically available, or it cannot be obtained economically. It is not possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. A review of the document availability code reveals that manufacturer EAGLEPICHER TECHNOLOGIES, LLC is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data. On 01/11/2022, a referral was sent to Product Specialist to certify the accuracy of AMC/AMSC and the list of approved sources. Nathaniel replied on 01/21/2022 certifying that the AMC, AMSC, part number and approved source list was accurate and complete. Referral can be found in Records Management. This item is NOT designated as a critical safety item (CSI). Product Specialist certified this information to be accurate on 01/26/2022 (See Attachment 1).

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

SOLICITATION SPE7L322R0009

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

[X] The acquisition will be synopsized for 15 days prior to the solicitation opening on beta.SAM.gov. At the completion of the synopsis period the acquisition will be solicited on the internet for 30 days via DLA Internet Bid Board System (DIIBS).

7. This is a definite quantity contract, for a quantity of 25 each. Price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

There is one approved source: EAGLEPICHER TECHNOLOGIES, LLC (81855), part number MSD-970-1.

EAGLEPICHER has quoted on previous solicitations, and does not use dealers. Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Item is a benchtop charger and analyzer systems that can service any secondary (rechargeable) battery chemistry with nominal battery voltages from 1 to 36 volts, and charge/discharge currents ranging from 0.02 to 25/50 amperes for the portable system and 0.02 to 70 amperes for the benchtop system. EaglePicher's portable automated battery charger and analyzer integrates various chargers into one unit. The unit has automated test capabilities and improves safety by monitoring battery temperature, voltage and current. EaglePicher's benchtop automated battery charger and analyzer allows battery service profiles to be programmed at the bench and can obtain up to 10 steps. Each battery profile step is programmable as a constant current charge, constant voltage charge, open circuit, or discharge. Therefore, the Contracting Officer determines this item to be non-commercial and the solicitation shall be issued pursuant to FAR Part 15 procedures. A Sources Sought was posted on 03/01/2022 and closed 03/07/2022. No responses were received. Synopsis will state that based upon market research, the Government is not using the policies contained in FAR Part 12. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government’s requirement with a commercial item within 15 days of this notice.

A firm fixed price contract will be issued. Material Master does not show this NSN as commercial. This item is manufactured for military use only.

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

A market survey was conducted on/during 01/11/2022 through 01/18/2022.

Total number of vendors contacted: Three (3) 81855, 7Z016 and 4LF36.

Names of vendors contacted and responding: EAGLEPICHER TECHNOLOGIES, LLC (81855), Kampi Components (7Z016) and Phoenix Trading (4LF36). EAGLEPICHER was the only respondent.

Technique used to conduct survey: E-mailed questionnaire.

Types of information requested: Size of company, type of company, commercial status of item, if catalog/price listing info was available, is NSN a stocked item, is vendor interested in submitting an offer, approximate delivery schedule, quantity sensitivity, FOB and inspection/acceptance terms.

Summary of information received: One (1) Market Survey received EAGLEPICHER TECHNOLOGIES, LLC (81855), a large business manufacturer, responded indicating they are willing to submit an offer. EAGLEPICHER did not provide quantity ranges, but were open to providing quantity price breaks and range with a formal quote. EAGLEPICHER indicated this item is not considered a commercial item

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

SOLICITATION SPE7L322R0009

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

CUI

[ 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:

EAGLEPICHER TECHNOLOGIES, LLC (81855) based on contract history and market survey response.

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

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items (SEP 2016) and M06 Evaluation of Offers of Alternate Product for Part Numbered Items (SEP 2016)

Per PGI 206.304 (a)(1), 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.”

SPE7L721P1157 3/1/2021 under the Simplified Acquisition Threshold; therefore a J&A was not required.

SPE7L721P0959 2/16/2021 SEPA authority under the Simplified Acquisition Threshold; therefore a J&A was not required.

SPE7L720P4444 8/31/2020 SEPA authority under under the Simplified Acquisition Threshold; therefore a J&A was not required.

SPE7L718C0001 3/19/2018 See Attachment 2 SPE7L717P1386 1/23/2017 under the Simplified Acquisition Threshold; therefore a J&A was not required.

SPE4AN16M0148 5/4/2016 under the Simplified Acquisition Threshold; therefore a J&A was not required.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

Competition Advocate Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

Attachments:

1. Product Specialist Certification NSN 6130-01-508-3397

WHITING.MONICA.L.

1378381815

Digitally signed by

WHITING.MONICA.L.1378381815

Date: 2022.03.22 07:32:45 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.06.09 08:40:07 -04'00'

SOLICITATION SPE7L322R0009

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

2. SPE7L718C0001 J&A