SPE7L716R0007_J&A_Addendum_Redacted.pdf

ADDENDUM #1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L7-16-R-0007

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

[ ] ORIGINAL

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

This requirement is a sole source code and part number acquisition to Eagle Pitcher Technologies, LLC (cage 81855). Solicitation SPE7L7-16-R-0007 was originally issued for a quantity of 38 EA and included price breaks up to 55 EA to cover any increasing demands. This NSN has not been acquired by DLA since 2010. OEM EaglePicher and ATEQ Aviation both submitted proposals by the solicitation closing date. ATEQ submitted an alternate offer. Based on the review of the pricing submitted from both contractors, it was determined to be in the best interest of the Government to forward ATEQ’s technical data package to the Alternate Offer Monitor for further review. The contracting officer determined there would be considerable savings to the Government if their alternate offer were approved.

It was determined by the DSCC Value Engineering team that the alternate offer from ATEQ Aviation was not identical in its construction, operator and data interfaces as well as in the maintenance/calibration procedures. Therefore, their offer was rejected. The time required for the review of the alternate offer from ATEQ Aviation resulted in an increase in backorders for this NSN. Numerous negotiation attempts on other requirements for this NSN did not result in fair and reasonable prices. Therefore, in close coordination with the material planner and FLCA management chain, it was determined to be in the best interest of the Government to increase the quantity of this solicitation from 38 EA to 100 EA. This quantity increase would cover the mounting backorders as well as take into account the time required for the production of the end item.

The change in quantity requires Eagle Pitcher Technologies to submit Certified Cost and Price Data. Therefore, the solicitation will be amended via amendment 0001 to allow Eagle Pitcher the opportunity to provide the requested information. An addendum to the acquisition plan was also completed to reflect this change. In accordance with FAR 15.206 (e), If, in the judgment of the contracting officer, based on market research or otherwise, an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the acquisition. The contracting officer recognizes that the change in this acquisition is substantial in terms of quantity and dollar threshold requirements. However, all prospective offers had the opportunity to quote on the original solicitation, which resulted in an alternate offer that was ultimately rejected. DSCC Value Engineering confirmed there is only one source available for this NSN.

Therefore, the contracting officer is certain no other prospective offerors exist for this NSN.

Cancelling the original solicitation and resoliciting would not be in the best interest of the government and would further cause increasing demands and backorders hindering adequate support to the warfighters.

SOLICITATION: SPE7L7-16-R-0007

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

1. 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, Battery 6130-01-508-3397 100 D

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE

MAXIMUM CONTRACT VALUE

NSN has a total Unfilled Order Lines/Quantity of 26/49, with a NMCS of 2/2, IPG-I of 8/28, IPG-II of 16/19 and IPG-III 2/2.

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

[ X ] Item was originally synopsized on 02/05/2016. Since this is a sole source requirement and only one proposal was received from the OEM, (Eagle Pitcher, in response to the solicitation, item will not be re-synopsized.

[X] Other. Sources sought notice was posted to FedBizopps on 12/23/15 and closed on 1/5/16.

ATEQ Aviation LLC (5WTA0) and JFM Engineering, Inc. (no cage code available per SAM/Haystacks), contacted the buyer expressing an interest in manufacturing this item as alternate sources. (See attachment 4). ATEQ Aviation submitted an alternate offer with the required technical data package in response to this solicitation. However, their SAR was rejected on 5/25/2016 by the ESA. JFM did not quote or submit a technical data package in response to this requirement. Therefore, only one viable source exist.

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

This acquisition is for a firm fixed price DLA Direct contract for 100 EA of NSN 6130-01-508- 3397, Analyzer-Charger, BA. Acquisition is unrestricted.

FAR Part 15 Contracting by Negotiation procedures will be utilized. Solicitation will be issued to provide DLA Direct coverage for the uninterrupted replenishment of stock levels necessary to support the military customer. Key Item Designator (KID) 3: improved material availability and decreased back orders are essential to provide customer support. DPAS rating is DOA1.

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.

SOLICITATION: SPE7L7-16-R-0007

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

Tiffani R. Harris Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Mary Couture Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $700,000 to $12,500,000 Competition Advocate

[ ] $12,500,000 to $85,500,000 Head of Contracting Activity (HCA)

[ ] over $85,500,000 Senior Procurement Executive (AQ)

Attachments Attachment # 1 Total Unfilled Order Lines/Quantity Attachment # 2 Previous J&A from solicitation SPE7L7-16-R-0007

3/22/17HARRIS.TIFFANI.R.1

255230200

Digitally signed by

HARRIS.TIFFANI.R.1255230200

Date: 2017.03.22 13:01:58 -04'00'

COUTURE.MARY.E.1

230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.03.30 16:54:47 -04'00'