SPE7LX-20-R-X033_JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-X033

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 that a full and open competition basis.

3. The supplies required to meet the using activity’s needs as follows:

CLIN

BRIEF DESCRIPTION

NSN

ADQ

ESTIMATED

ANNUAL

DEMAND

VALUE

AMC

AMSC

0001 Adapter, Power Supply 6130016304260 127 3 D 0002 Battery, Nonrecharge 6135014194985 552 3 D 0003 Battery, Storage 6140016304288 728 3 D 0004 Battery, Storage 6140016596604 1448 3 D

1 Year Estimated Value = 3 Year Base Estimated Value =

3 Year Max Value =

Estimated value and contract duration: The proposed action is for the solicitation and award of a three-year base, with no option periods, Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity Contract (IDIQ).

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

NSN WSDC LONG NAME

6130016304260 XLN AN/VLQ-13, Crew Vehicle Receiver Jammer (CVRJ) 6135014194985 YRN FMS – Build Frigates Class Ships 6140016304288 XLN AN/VLQ-13, Crew Vehicle Receiver Jammer (CVRJ) 6140016596604 C7N Navy Expeditionary Programs 6140016596604 RVN Explosive Ordnance Disposal (EOD) Tools and Equipment

4. The statutory authority permitting other than full and open competition is: 10U.S.C.

2304(c)(1) – Available from only one or a limited number of sources.

5. Acquisition is restricted only to the following source(s) of supply for the CLINs below:

CLIN CAGE CAGE NAME PART NUMBER

0001 51828 Bren-Tronics, Inc. BTA-70903 0002 51828 Bren-Tronics, Inc. BA-3100/U, BT70199 0003 51828 Bren-Tronics, Inc. BT-70791BGHT 0004 51828 Bren-Tronics, Inc. BT-70791CG

NSNs are repair and replacement parts that are incorporated into a military end item, and these are the only known repair/replacement parts that the Government can ensure will enable the military end item to function properly in accordance with military requirements.

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

a. Bren-Tronics, Inc. (73342) is the only known qualified source and retains the data needed to acquire this part competitively. Therefore, the data is not physically available to the Government, 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.

b. Tech Certification: Completed and approved by Quality Assurance Specialist, on December 16, 2020.

The use of the authority cited below:

[X] AMC 3 – Applies to all CLINs. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited below 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.

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

[X] The acquisition will be synopsized on or about April 3, 2020, for a minimum of 15 days, via sam.beta.gov.

[X] Any and all companies who expressed an interest in the project during the market survey period will be sent a copy of the solicitation as soon as it has opened on DIBBS.

[X] Alternate items will be evaluated for this procurement if they are offered.

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

This will be a three-year, firm fixed price, Indefinite Quantity Contract (IQC) subject to FAR Subpart 13.5. The three-year period is inclusive of a three-year base period, and no separately priced, one- year option periods. Based on the results of market research, the buyer anticipates receiving only one offer. It is anticipated that Cost or Pricing data IAW FAR 15.403-4 will not be required. While this requirement is over the threshold of $2,000,000, the NSNs are deemed commercial in nature, and therefore Certified Cost or Pricing Data is not required. As such, the price analysis for future years will be based on the Global Insights Producer Price Index (PPI) forecasts. The Global Insights PPI forecast provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. Additionally, Price analysis, "should cost" negotiations, learning curve analysis, comparison to commercial catalogs and part numbers available on the internet, and/or informal cost breakdown will be used to make a price reasonableness determination.

8. Market Research/Efforts to Obtain Competition:

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-X033

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.sam.beta.gov. The solicitation will be posted on DIBBS on or around May 4, 2020, to allow any interested parties to submit a proposal. In addition to the publishing of a Sources Sought notice and solicitation posted on DIBBS, the Sourcing Strategy team’s Contract Specialist also researched the procurement history for the items on the proposed solicitation and emailed the only awardee noted, since February 24, 2011.

Market Survey A market survey was conducted between: February 18, 2020 – March 2, 20 Total number of vendors contacted: 1 Total number of vendors identified: 1 Responses Received: 1

Bren-Tronics, Inc. (51828) was the only source that responded and expressed interest in submitting a quote for this solicitation.

Techniques used to conduct survey: E-mail and Sources Sought.

Types of information requested: The survey consists of approximately 20 general questions.

Majority of questions involved check boxes and (yes or no) answers, miscellaneous questions and final comment section at the very end of the questionnaire. The market survey sought and gathered information regarding shipping costs, zone pricing, and option periods (pricing and desirability). Information sought on the market survey also included business size, quantity sensitivity of the item, if the items are carried in the inventory, if a dealer/distributor network exists, the anticipated unit price and delivery of the item, if the items are commercial, which FOB & I/A is acceptable, if the OEM, recognized part numbers, and if the contractor is EDI & MIL-STD- 129 markings capable.

Summary of information received: Bren-Tronics, Inc. (51828)

a. It is interested in pursuing a long-term contract

b. Bren-Tronics, Inc. is considered a small business manufacturer.

c.

e. Bren-Tronics, Inc. indicated that all of the NSNs are commercial and items were easily identified on its website for public purchase.

In addition to the publishing of a Sources Sought notice, the Contract Specialist also researched the procurement history for the items on the proposed solicitation. Past procurements for all four of these NSNs were Unrestricted, with Bren-Tronics, Inc being the sole awardee.

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

Information received regarding the commerciality of the item(s): The required NSNs were determined to meet the definition of a Commercial Item provided in FAR 2.101 under paragraph 1(ii) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than Governmental purposes, and---(ii) Has been offered for sale, lease, or license to the general public. Items to be purchased under this solicitation could easily be obtained via Bren-Tronics website, with prices either listed on the website or obtained with a phone call. Bren-Tronics confirmed that the items are readily available to the general public. Additionally the chart below illustrates the information received under Attachment 3 – PSOR Confirmation of Commerciality, from each respective Product Specialist of Record (PSOR). Thus, the Contracting Officer, IAW DFARS PGI 212.102(a)(i) General guidance on making a commercial item determination, has determined the four NSNs for this effort commercial.

CLIN

NSN

PSOR

Commerciality Determination

Details of Commercial of a Type

0001 6130016304260 Commercial 0002 6135014194985 Commercial of a Type Modified to go on a Mil-Spec Item 0003 6140016304288 Commercial of a Type Modified to go on a Mil-Spec Item 0004 6140016596604 Commercial

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

[X] Based upon the technical certification on file in DLA Land and Maritime –VEP, a complete TDP is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

Forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA's anticipated requirements based on updated monthly forecasts. Essentially, it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole-source items can easily see DLA's forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD's Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Bren-Tronics, Inc. (51828), a small business and approved manufacturer is the only source that indicated interest in submitting a quote for this acquisition.

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

11. The following actions are being taken to identify additional sources before any subsequent acquisitions are made: (If none, so state and explain why not.)

[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 [X] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

Justification and approval for previous acquisition for the NSN were not available.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. The estimated total value of the J&A is $5,240,372.97.

JOHN W. HUTCHESON Date:

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

MARY E. SHEARER Date:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[ ] Up to $700,000 - Contracting Officer [X] $700,000 to $13,500,000 - Competition Advocate [ ] $13,500,000 to $93,000,000 - Head of Contracting Activity (HCA) [ ] over $93,000,000 - Senior Procurement Executive (AQ)

Attachments:

1– Market Survey Summary 2– Copy of Sources Sought Notice 3– PSOR Confirmation of Commerciality

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOHHN W HUTCHESON

SHEARER.MARY

.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.04.14 09:23:04 -04'00'