SPE7LX20R0086--J AND A REDACTION.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-20-R-0086

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

(FEB 2017)

[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 full and open competition basis.

DLA Land and Maritime is pursuing a Firm-Fixed Price, Long-term, Indefinite Quantity Contract (IQC) with annual price escalations under FAR 15- Contracting by Negotiations.

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

BRIEF DESCRIPTION NSN Cage/Part Number ADQ ADV AMC/AMSC

BATTERY POWER SUPPLY

6130-01-502-2579

(76761) 12422851-001 (76761) N2003-1

2,177

3B

The NSN is a load battery controlled device developed for the Family of Medium Tactical Vehicles and is used on multiple launch rocket systems. This item is designed to contain one or more batteries and other control parts. It may contain the battery(ies), but must contain the control parts, which are used for controlling the output voltage(s) and/or activation of the battery(ies). It is a self-contained unit that provides for a direct current output. The control parts include items such as remote control units.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

PERIOD OF PERFORMANCE: Three base-years, two, one-year options.

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.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Approved source is C.E. Niehoff Co. (CAGE 76761), the only manufacturing source specified on the source controlled drawing.

The use of the authority cited below:

[X] AMC: 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

The use of the authority cited is based on:

[X] AMSC B. This part must be acquired from a manufacturer 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, draw review discloses that require 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.

Technical data has been certified as complete and accurate by the Product Specialist on December 18, 2019.

Product Specialist confirmed the AMC/AMSC codes are correct, and the Government does not have a complete, unrestricted data package at this date and all means to obtain a technical data package adequate for manufacture of these items have been exhausted. C.E. Niehoff Co. (CAGE 76761) is the only approved manufacturing source.

This manufacturer retains 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.

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

[X] Acquisition was synopsized on February 23, 2020 for a minimum of 15 days prior to solicitation opening. At the conclusion of the synopsis period, this procurement will be solicited for 30 days via the DLA Internet Bid Board System (DIBBS).

[X] Buyer posted Sources Sought notice to FBO January 24, 2020 with a suspense of January 31, 2020. Buyer received no responses.

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

Adequate competition is not expected; therefore, it is anticipated certified cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. In addition to any audit completed, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable.

In the event manufacturer competition is received, this will be used along with price analysis and buy history to determine that the contract award prices are fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

SAPD Strategic Sourcing Team conducted initial market research in November 2019. Buyer conducted follow-up research from January 22, 2020 through February 14, 2020. Buyer posted Sources Sought Notice to FBO as referenced in item 6. It is the Contracting Officer’s determination that the NSN is not commercial. Market research was conducted in regards to the commerciality of the item and the manufacturer that responded has indicated that the item is not commercial. The buyer analyzed market research from vendors and searched various internet websites, but was unable to find commercial sales data. Buyer did not identify this item being publicized to the general public for sale by any means. The item is made for the purpose of government use and no evidence of sale in the commercial marketplace was found. The item is not available on the General Services Administration (GSA) Advantage website. The previous procurements were non-commercial. Therefore, it is the contracting officer’s determination the item for this procurement is not commercial, and FAR Part 15 will be applied.

Buyer directly contacted approved sources and potential distributors and encouraged all to complete a Market Research Survey Questionnaire to indicate industry capabilities and interest.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers. Buyer also attempted to reach vendors via telecom.

Types of information requested: The market survey requested companies provide answers to general questions regarding project interest, company size and status. LTC related questions included: whether the company is interested in an LTC and if a three-year base period with two one-year options is acceptable. The market survey requested whether offerors would be able to provide Cost and Pricing Data. Other questions included: whether the product is commercial, whether prices were published, and whether the government would obtain potential

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.

Brandy D. Warner Contracting Officer

APPROVAL/CERTIFICATION

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

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)

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251

897880 Date: 2020.03.19 16:33:12 -04'00'

HOPSON.LILLI.A.123

0127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.03.20 16:03:55 -04'00'