SPE7LX-19-R-X084 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-19-R-X084

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[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

(ADQ)

EST. VALUE

(ADV)

AMC/AMSC

BATTERY PARTS KIT 6160-01-596-1366 925 3C

Identify end item, weapon system, or class of item: This NSN has a Weapon System Designator Code (WSDC) of

AZA, MRAP.

ESTIMATED 3 YEAR BASE VALUE

ESTIMATED 5 YEAR VALUE (BASE + OPTIONS)

CONTRACT MAX

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.

FAR subpart 13.5 simplified acquisition procedures will be used in accordance with 41 U.S.C. 1901.

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

CAGE SOURCE PART NUMBER

05BU0 Kidde Technologies 40443

61423 Kidde Technologies 40443

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 C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

There are two approved sources for this item, CAGE 05BU0, Kidde Technologies and CAGE 61423, Kidde Technologies. These sources are uniquely qualified because they are the only sources that possess the necessary technical data to manufacture the items. A review of this item reveals that the drawings associated with this part cannot be made available to the general public and only Kidde Technologies is currently authorized to access the drawings and the data.

The Product Specialist ( reviewed the AMC/AMSC coding and confirmed it was complete and accurate on 12/1 /2020.

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

[X] The acquisition was synopsized on FEDBIZOPPS on 06/04/2019.

[X] Other: A sources sought was posted on FEDBIZOPPS. Market research surveys were also sent via e-mail. No responses were received as a result of the sources sought notification.

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

Cost or pricing data in accordance with (IAW) FAR 15.403-4 will not be requested as the contract value does not exceed the $2,000,000.00 Truth in Negotiations Act (TINA) threshold. Also, the exception at FAR 15.403-1(b)(3)

(3) applies as this is a commercial item. The proposed prices will be reviewed for fairness and reasonableness using price analysis based on comparison of the offer received with the past buy history and movement of the Producer Price Index. If needed, other than cost and pricing data may be requested for pricing support. Based upon the above techniques, the contracting officer hereby anticipates that costs to the Government will be determined fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

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

A market survey was sent out on 05/08/2019.

Total number of vendors contacted: (10):

KIDDE TECHNOLOGIES (05BU0)

AM-MAC INCORPORATED (0VW10)

DREAMFIELD INC (1V4T7)

T&L SALES (1XLG2)

JGILS (1N8T8)

LINMAR ASSOCIATES (1GX03)

PIONEER INDUSTRIES (66200)

MARTIN MILITARY (1WZZ2)

KAMPI COMPONENTS (7Z016)

SIT CORPORATION (1MQB3)

No responses were received as a result of the market survey. However, Kidde Technologies indicated they were interested in bidding on a long-term contract for this item, but did not fill out a market survey.

Techniques used to conduct survey: E-mail to include a Market Survey questionnaire, an excel spreadsheet and posting a Sources Sought. Sources Sought was posted on 4/17/2019 and market surveys were sent on 5/8/2019.

Types of information requested: The companies were asked a series of questions to include; if they were interested in a long-term contract, would a three-year base period be acceptable, the preference between FFP or EPA price adjustment, to provide their stock delivery, state if the item is commercial, indicate the amount of option years they would be willing to quote.

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

SOLICITATION SPE7LX-19-R-X084

Information received regarding the commerciality of the item(s):

The buyer conducted an internet search for the item and results show that item is commercial. Review of the COS field of the CTDF indicates the following: NSN COS field value 6160-01-596-1366 was coded as “Yes”.

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

[X] Based upon the technical data pull information; The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them. All means to obtain a technical data package adequate for manufacture of the item have been exhausted.

[X] Other: The NSN included on this solicitation was reviewed by the Strategic Acquisition Programs Directorate (SAPD) Product Specialist during the project development phase. No additional sources were identified during that review.

[X] Procurement history and internet searches do not reveal any other manufacturing sources

10. Previous J&A Recommendation: The previous J&A is attached.

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

The following actions are being taken to identify additional sources:

12. Other: The Solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items, and Procurement Note L04, Offers for Part Numbered Items.

[X] Other: Synopsizing solicitation on FedBizOpps.

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.

Contracting Officer Date

2/14/2020ALLEN.ARIC.

J.1242832562 Digitally signed by

ALLEN.ARIC.J.1242832562

Date: 2020.02.14 08:55:40 -05'00'

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000.00 [ X ] $700,000.00 to $13,500,000.00

Contracting Officer Competition Advocate

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.02.18 12:56:02 -05'00' 2/18/2020