SPE7LX-20-R-0068 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0068

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. This acquisition is to establish a firm fixed-priced, indefinite quantity contract for a base period of 3 years and 2 one-year option periods. 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:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST.5 YR

VALUE

AMC/AMSC

STORAGE BATTERY 6140016106102 1967 $ 3/B

This item being procured is in support of Diesel Generator Sets.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT 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.

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

Teledyne Inc. (84375) part #7243-16A

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 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.

The AMC/AMSC codes and approved source were verified as complete and accurate by Product Specialist Joshua Bell on December 10, 2019.

This item being solicited is a Storage Battery used to support Diesel Generator Sets. The Government currently does not have the data available to acquire these parts competitively. Teledyne Inc. (84375) is the only known source that has the complete data for CLIN 0001. As of this date, there are no other known sources for these items. The Diesel Generator provides power for various equipment in remote locations. The 3kW TQG Generator Set, MEP-831A, is a self-contained, skid mounted, portable unit. It is equipped with controls, instruments and accessories necessary for operation. The generator set consists of a diesel engine, permanent magnet AC generator, control box assembly, output/load panel, primary and auxiliary fuel systems, enclosure cooling and ventilation system, engine exhaust assembly, and the subject battery. The generator set is designed to be used with any equipment requiring a small source of AC power and operates in a “Hot and Basic” climatic condition range of -25 F to +120 F. The generator set is portable and requires a six-person lift.

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

[X] The acquisition was synopsized on or about March 1, 2020 for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[X] Dealers of the manufacturer will be solicited.

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

a. Certified Cost and Pricing data is not required I/A/W FAR 15.403-1(b)(3), as this acquisition will be procured utilizing FAR Part 12 procedures. This item will be solicited as Unrestricted Other Than Full and Open Competition. A fair and reasonable determination will be based on price comparisons to the prices offered in the commercial marketplace as well as the Government’s past buy history. It may be necessary to request an informal cost breakdown or a brief explanation of pricing approach to bolster the determination. The buyer only intends to award the NSN if fair and reasonable price determinations can be made. Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

7. Market Research/Efforts to Obtain Competition:

Total Number of Vendors Contacted: 1

Names of Vendors Contacted:

o Teledyne Inc. (CAGE 84375)

Names of Vendors that responded in writing to the Market Survey and expressed interest in proposing on requirement:

o Teledyne Inc. (CAGE 84375)

Types of information requested: The following includes some of the information requested on the Market Survey: Interest in Long Term Contract and number of years preferred, commerciality per FAR 2.101(b), business type (large, small, SDVOSB, WOSB), would an offeror be willing to provide Cost and Pricing Data, estimated delivery, whether an item is quantity sensitive, among other questions.

A Sources Sought notice was posted on January 23, 2020 and closed on January 30, 2020.

There were no responses received.

Summary of information received: A detailed response was received from the approved source, see synopsis below:

1. Teledyne Inc. (CAGE 84375):

responded on October 10, 2019. She stated that Teledyne Inc. is a large business manufacturer.

. She stated that this is a commercial item.

Information received regarding the commerciality of the item: The Market Survey respondent stated this item is a commercial item. Additionally, this item was determined to be commercial under Contract SPE7LX-17-D-0018 and per PGI 212.102, the prior commercial determination shall serve as a determination for subsequent procurements (See Attachment #1) Based on the market research response and the previous commercial determination, the Contracting Officer has determined that this item is a commercial item.

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

[ 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.

9. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Teledyne Inc (84375)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

Attachments:

1. SPE7LX-16-R-0101 J & A

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.

Patrick Laugherty Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[ X] $700,000 to $13,500,000 Competition Advocate

LAUGHERTY.PATR

ICK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.12507037

Date: 2020.06.18 09:13:25 -04'00'

SHEARER.MARY.E

.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.06.22 15:09:51 -04'00'