SPE7L4-20-R-0011 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-20-R-0011

[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

Control Unit, Governor 2990-01-477-1371 1,000 each B

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

3KW MILITARY TACTICAL QUIET GENERATOR, MEP-831A & MEP-832A

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTIONS): N/A

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

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

If restricted to the only source(s) of supply, include source(s) and Cage Code:

Governors America Corporation (0BXW5) P/N: SLC100

The use of the authority cited in other than 10. U.S.C. 2304(c)(l) above:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

Per telecom on 26 January 2018 with the Product Specialist, this is a source control item and verified via 339. This part must be acquired from a manufacturing source(s) specified on the applicable source control drawing. Per source controlled drawing (55820) 116231 provided by the ESA, this item has been restricted to Tactair Fluid Controls. All other sources are required to provide a Source Approval Request (SAR) per DLA policy. The Government does not have suitable technical data for this item and cannot obtain the technical data. At this time, Tactair Fluid Controls Inc. is the only source to have gone through the source approval process and is the only source known to possess the complete technical data package needed to manufacture this item.

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

[X] The acquisition w i l l b e s y n o p s i z e d o n F e d B i z O p s f or 15 days prior to the solicitation opening. At the completion of the synopsis period, the PR will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] Other. A sources sought notice was posted on FedBizOps 17 October 2019 with a response date of 24 October 2019. Response was received from Hawkeye Innovation stating Hawkeye Innovation (80FR4) is the distributor for Governors America Corp. GAC (Governors America Corp 0BXW5) manufactures the product SLC100 - NSN # 2990014771371. Hawkeye Innovation has been added to the bid list.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: Solicitation is for a firm fixed price contract. Recent past history exists for this item. Other than cost and pricing data will be obtained if necessary. Based on review of history, the Contracting Officer anticipates the cost to the Government will be fair and reasonable.

7. Market Survey Questionnaire was sent via e-mail on 17 October 2019 to Statz Corporation (3WGD1), ECI Defense Group (3SDB5), and Governors America Corporation (0BXW5), who have quoted/supplied this item on previous procurements. One response was received from Statz Corporation as shown below:

STATZ CORPORATION (3WGD1):

Quoting as Small Dealer Offering Governors America Corp (0BXW5) as manufacturer Deals directly with the Government

Item is not commercial off the shelf item and is not price listed.

Sources Sought notification was posted on FedBizOps on 17 October 2019 with a response date of 24 October 2019. Response was received from Hawkeye Innovation stating Hawkeye Innovation (80FR4) is the distributor for Governors America Corp. GAC (Governors America Corp 0BXW5) manufactures the product SLC100 - NSN # 2990014771371. Hawkeye Innovation has been added to the bid list.

The Contracting Officer has reviewed previous acquisitions to determine ALT, PLT, set-aside concerns, and commerciality. Previous acquisitions have been solicited under FAR Part 15.

- NSN is a source controlled drawing with one approved source (Governors America Corporation 0BXW5). Item will be procured as a Firm Fixed Price Contract, Unrestricted, under FAR PART 15.

- ALT is 60 day

- MM03 Data 1 shows PLT of record is 130 days. Based on review of past history, market survey results, and quantity variance, the required delivery will be 120 days for a quantity of 1,000 each.

8. 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 suitable for full and open competition is not available and cannot be developed. The data presently available reflects the minimum needs of the Government.

9. A listing of sources, if any, indicating an interest in the acquisition is:

Statz Corporation (3WGD1) Hawkeye Innovation (80FR4)

10. This item is subject to the following methods of locating additional s ources:

Prospective suppliers seeking source approval on the item may submit a SAR package requesting evaluation of its product’s technical acceptability for future procurements.

11. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 state that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. Contracting Officer has searched Records Management for previous J&A’s. Recent past procurements have been small purchases, no recent J&A exists for this NSN.

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

______10/23/2019____

Georgia Murray Date

Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer