SPE7LX21R0087 -.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-0087

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

ORIGINAL J & A

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 basis.

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

CLIN NSN BRIEF

DESCRIPTION

ADQ EST. ADV AMSC

0001 6130014970966 Charger Subassembly 135 3/Z

0002 6130016706428 Charger Battery 90 3/D 0003 6130016884857 Charger

Subassembly 1932 3/D

Total

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

CLIN NSN WSDC END ITEM 0002 6130-01-670-6428 MBN Consolidated Ground Support Equipment 0003 6130-01-688-4857 Loader, Backhoe

**Note: Per the Product Specialist there is no end item listed for NSN 6130-01-497-0966 because it is not weapon system coded. NSNs 6130-01-497-0966 and 6130-01-688-4857 do not have a Weapon System Designator Code (WSDC).

The Product Specialist of record, DLA Land and Maritime-FLBC confirmed the AMS/AMSC codes, the weapon systems on 03/29/2021. Also, on the same day the Integrated Data Sheet (IDS) was checked for the weapon system codes.

All 3 NSNs are a critical application item with the Weapon System Essentiality Code (WSEC) “1”. NSN 6130-01-497-0966 and 6130-01-688-4857 Weapon System Indicator Code (WSIC) “N”. NSN 6130-01-670- 6428 Weapon System Indicator Code (WSIC) “T”. The meaning for these codes is as follows:

WSEC “1” Failure to this part will render the item inoperable WSIC “N” No Weapon system application WSIC “T” Level C, failure will render end item inoperable

These NSNs are for a firm fixed price Indefinite Quantity Contract (IQC) issued under FAR PART 12 for a 3-year base period and two 1-year option periods that may be exercised at the discretion of the Government. The total contract period will be five years, if the two options are exercised.

The Estimated Base Value is The Estimated Total Value (Base + Option) of The Maximum Contract Value

4. The statutory authority permitting other than full and open competition is:

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:

CLIN NSN SOURCE CAGE PART NUMBER

0001 6130014970966 Pulsetech Products Corp 00NQ8 735X646 0002 6130016706428 Pulsetech Products Corp 00NQ8 746X871 0003 6130016884857 Pulsetech Products Corp 00NQ8 735X724

Adequate data for the evaluation of alternate offers is not available at the procurement agency. The company listed above is the only company that has gone through the source approval process. If a product different from the approved part is offered by the contractor, the contractor must get their part numbers approved by submitting a source approval package to the Engineering Support Activity (ESA).

The NSNs are consolidated for this procurement and the Government will not solicit for brand name or equal ;

however. will submit supporting data to engineering for future acquisitions if data is received indicating an alternate product.

The use of the authority cited below:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

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.

AMSC Z. This part is a commercial/non developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid.

For the items coded AMSC D, the approved source is the only known source with the data rights, manufacturing knowledge, or technical data necessary to manufacturer this item. For the item coded AMSC Z, the approved source has material available for these items; the Government knows of no other sources, nor is technical data available. These Charger Battery and Subassembly are replacement parts that are incorporated into a military end item, and the parts are the only designated replacement parts the Government can ensure will function properly in the end item in accordance with military requirement with no degradation in mission readiness.

a. The acquisition was synopsized on or about May 19, 2021 and will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate offeror’s suppling a source approval package that is approved by the ESA before award will be evaluated for this procurement.

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

Past procurement history will be reviewed, and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis of the prices in the commercial marketplace plus other than cost or pricing data will be requested if needed.

7.Certified Cost and Pricing Data: This acquisition does meet the threshold requirement for Certified Cost or

Pricing Data; however, given that this item is determined commercial, in accordance with FAR 15.403- 1(b)(3), the applicable clauses were not incorporated into the solicitation.

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed all 3 (three) NSNs for the project during project creation, and no new sources were found. A Sources Sought notice was posted March 19, 2021 in Beta.Sam for 10 calendar days to find potential sources for all 3 (three) NSNs. No other sources responded to the sources sought notice.

b. A market survey was conducted on January 13, 2021.

c. Total number of vendors contacted: 1

d. Names of vendors contacted:

Pulsetech Products Corp (00NQ8)

e. Total number and names of vendors that responded to market survey: 1vendor responded:

Pulsetech Products Corp (00NQ8)

f. Techniques used to conduct survey: emails, Beta.Sam, Market survey questionnaire and attachments and follow up phone calls.

g. Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB Origin or Destination, quantity breaks, commerciality, commercial sales invoices, understanding of cost/price data.

h. Summary of information received:

Pulsetech Product Corp (00NQ8) POC:

Pulsetech is a Small Business Manufacturer Pulsetech is interested in pursuing an LTC.

Pulsetech States all 3 (three) NSNs are commercial.

Pulsetech will provide a Unredacted Invoices.

Pulsetech .

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

Commercial Determination—for the reasons stated below, items covered by this initiative will be Commercial and will be procured under FAR Part 12—Acquisition of Commercial Items.

Per Far 2.101 Commercial item means

(1) 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-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public.

Based on market research, buyer has determined that the items are commercial. Contracting Officer's signature on this document indicates concurrence with this decision. Commercial Invoices were provided for each item, which indicates Pulsetech Products Corp sales these items to the general public.

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

a. 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.

b. A technical review was completed by the Ashley Roberts SAPD product specialist on 04-15-2021. The subject NSNs have been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

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

Pulsetech Products Corp responded to the market survey and expressed an interest in the acquisition. They will be added to the solicitation mailing list.

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

i. The solicitation will contain note L04- Offers for Part Numbered Items (SEP 2016) and M06-

Evaluation of Offers for Part Numbered Items (SEP 2016).

ii. The buyer was not able to locate a copy of a previous J & A statement in the SRM Records Management database. All previous buys were below the dollar threshold required for a 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 $750,000, this signature serves as the approval.

MATZ.RICHARD.JAMES.1080066615

Richard Matz

Digitally signed by

MATZ.RICHARD.JAMES.1080066615

Date: 2021.05.25 12:52:32 -04'00'

Contracting Officer Date

APPROVAL REQUIREMENTS

I have reviewed and approve this justification:

Competition Advocate Date

[x] $750,000 to $15,000,000 Competition Advocate

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.06.08 08:12:01 -04'00'