JA CL23114004 SPE7LX23RX065_Redacted.pdf
PDF 1 MB Posted
- Attached to
- A-MRP-SS-51828
- Solicitation number
- SPE7LX23RX065
About this file
This document is a justification for other than full and open competition solicitation from the Defense Logistics Agency Land and Maritime. The solicitation seeks three part numbered items that only one known supplier, Bren-Tronics Inc., has the data rights to manufacture. Market research including a sources sought notice and email/phone outreach found no other potential suppliers. The previous justification and contract are attached. The solicitation will be posted on DIBBS for 30 days following a 15-day synopsis on SAM.gov. Cost or pricing data is not required as the items are commercial. Price analysis and comparison to previous contracts and catalogs will determine if costs are fair and reasonable.
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CUI
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLICITATION
DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)
An AMSC of D, the listed source is uniquely qualified because it is the only sources that owns the data or data rights necessary to manufacture the items. Additionally, the data needed to acquire these items competitively is not available.
In accordance with FAR 6.303-2(b)(5), the foregoing provides a demonstration of the unique qualifications of the source listed above to justify the use of 10 U.S.C. 3204(a)(1). April 27, 2023, , Product Specialist, certified the that the technical information, including the AMC/AMSC code is complete and accurate.
6. Efforts to ensure that offers are solicited from as many sources as practicable are:
Market Research efforts are detailed in Section 8.
A Sources Sought notice, which included a market survey, that was posted to SAM.gov website from May
17, 2023, through May 31, 2023, with no responses received.
The Acquisition was synopsized August 25, 2023, on SAM.gov for a total of 15 days.
At the completion of the synopsis period, the solicitation will be posted on the internet via the DLA Internet
Bid System (DIBBS) for a period of 30 days.
On the day that the solicitation is posted to DIBBS, a copy of the solicitation will be emailed to the approved sources for these NSNs.
7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Cost or pricing data in accordance with FAR 15.403-4 will not be required as these items are Commercial. The buyer will utilize price analysis as well as previous history, PPI, and learning curve analysis to establish Government Targets.
Additionally, comparison to commercial catalogs and part numbers are available on the internet and/or informal cost breakdowns will be used to make a price reasonable determination. By using the above techniques, the Contracting Officer anticipates that the costs to the Government will be fair and reasonable.
8. Market Research/Efforts to Obtain Competition:
DLA conducted various forms of market research for solicitation SPE7LX-23-R-X065. Market research included the publishing of a formal Sources Sought Notice (SSN) with attached market survey, research of the procurement history for all items, and emailing and calling of each of the above-referenced OEM that still have a valid registered CAGE code. The information below was accumulated for the current solicitation.
The Contracting Officer posted a Sources Sought Notice to SAM.gov from May 17, 2023, through May 31, 2023.
No responses were received.
A Market Survey was sent to one vendor, small business manufacturer, Bren-Tronics Inc. (51828). Types of information requested in the market survey: willingness to engage in an LTC, commerciality, length of contract, delivery, certified cost and pricing data, and general information questions. Contracting Officer attempted to find other businesses to solicit and contact to increase competition, but contract history and previous abstracts show no businesses large or small having submitted quotes on previous requirements for these NSNs.
The Contracting Officer also searched the GSA website for the solicitation’s NSNs. GSA contract 47QSMA19D08Q1 was located for CLIN 0001 - NSN: 6130-01-667-1471. The Contracting Officer could not locate CLIN 0002 nor CLIN 0003 on GSA’s website. Commercial pricing for this GSA contract is $420.82 and is valid until May 7, 2024. (See Attachment #2)
Source Selection Information - See FAR 2.101 and 3.104
SOLICITATION
DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)
[X] Based upon the attached technical certification, 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.
10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)
CAGE: 51828 / Small Business BREN-TRONICS
11. 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
12. J&A for previous LTC, SPE7LX20D5054, is attached. (See Attachment #5)
SOLICITATION
DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)
CUI
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.
Contracting Officer Date
APPROVAL/CERTIFICATION
I have reviewed and approve this justification:
Competition Advocate Signature Date
APPROVAL REQUIREMENTS
[ ] Up to $750,000 Contracting Officer
[X] Over $750,000 to $15,000,000 Competition Advocate
Attachment(s):
1. Technical Cert
2. GSA Contract
3. Bren-Tronics Pricing
4. Confirmation of Commerciality
5. Previous J&A
COLEMAN.DEON
NA.MAE.1073738
Digitally signed by
COLEMAN.DEONNA.MAE.107
3738055 Date: 2023.09.06 08:37:01 -04'00'
SHEARER.MAR
Y.E.1250702449
Digitally signed by
SHEARER.MARY.E.1250702449
Date: 2023.09.13 12:09:50 -04'00'
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