J&A SPE7M119R0025_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M119R0025

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

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 a full and open competition basis.

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Wire, Electrical 6145-01-498-8478 67 RL C

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

Subject NSN 6145-01-498-8478 is described as Wire, Electrical and is not weapon system coded.

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE N/A

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING N/A

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:

DRs C3 Aviation Company (Cage Code 2R341) P/N 1R0389-1 Prysmian Power Cables and Systems (Cage Code 8P132) P/N 1R0389-1

The use of the authority cited is based on:

( X ) AMC 1. Suitable for competitive acquisition for the second or subsequent time

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[ X ] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain 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. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

The Product Specialist has stated that the data to needed manufacture this material is proprietary, therefore it is inadequate to permit full and open competition. Per the Government approved source list available for this NSN in SAP, DRs C3 Aviation Company (2R341) and Prysmian Power Cables and Systems (8P132) has been identified by the Government as having the complete technical dataset and appropriate manufacturing expertise to supply this NSN to DLA and the using military service. NSN 6145-01-498-8478 is not designated as a critical item, and its weapon system indicator code is N (No Weapon System Application). Last technical review of this item was conducted on February 27, 2018 and no additional sources beyond those listed in the AMPL were identified. Based upon the technical review, only the approved sources currently listed in the AMPL has the complete technical data and manufacturing expertise to successfully manufacture this item for the Government and the using military service.

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

(X) The acquisition will be synopsized on or about July 31, 2019 ( ) Manufacturers of similar products identified in the market research will be solicited.

(X) Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (explain)

( ) Other (Explain) _______________________________________________________.

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

Formal C/P Data will not be required because the current estimated contract price is below the price threshold of $2,000,000 (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The acquisition specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary. Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative. An option quantity will not be used for this procurement.

8. Market Research/Efforts to Obtain Competition:

Market research consisted of review of past procurements, internet research, and market surveys. A sources sought notice was posted to FedBizOpps on May 16, 2019 and closed on May 23, 2019. No responses were received. A review of purchase history shows that DLA has purchased this item 19 times since 2013. 8 purchase orders were awarded to DRS

Consolidated Controls, Inc. (93742) from May 2013 to April 2014, but the 10 most recent purchase orders have been awarded to F&R Sales, Inc. (1V630). Subject NSN 6145-01-498- 8478 is described as Wire, Electrical and is not coded for use on a weapon system. This item is a heavy duty wire that is required to be obtained on a specific steel reel that will fit on a sled and light enough to be dropped from and airplane. These sleds can then be deployed via airplane and parachute the item safely to the designated location.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during May 16, 2019 to May 23, 2019.

Total number of vendors contacted: 3

Names of vendors contacted and responding:

DRs C3 Aviation Company (2R341), No response F&R Sales, Inc. (1V630), Responded on 5/16/19 Graybar Electric Company, Inc. (1B238), No response

Techniques used to conduct survey: Posted Sources Sought to FedBizOpps and emailed market surveys to the listed manufacturers and past awardees.

Types of information requested: Size of business, type of business, commerciality, willingness to offer proposal, ability to provide certified cost and pricing data.

Summary of information received: F&R Sales, Inc. (1V630) responded to the market survey on May 16, 2019. They are a small business, they are an independent dealer, the requested item is not commercial, they are interested in submitting a proposal, Tesla Energy Solutions (72VJ2) responded to the Sources Sought notice on May 21, 2019.

They are a small business, they are an independent dealer, the requested item is commercial, they are interested in submitting a proposal, Information received regarding the commerciality of the item(s): F&R Sales, Inc. (1V630) states that this item is not commercial. They state that this item isn’t part of a published catalog/price list. They also state that 100% of these items are sold to the Government.

Tesla Energy Solutions (72VJ2) states that this item is commercial. They state that this item is part of a catalog/price list. They also state that 90% of this item is sold to the general public and 10% to the Government. The contractor has submitted a catalog page

The catalog contains no pricing, or any evidence that the wire is sold to the general public.

Research via the internet has not provided any evidence of commerciality. The item doesn’t appear on a price list or catalog on any of the listed manufacturer’s websites. A Google search of the NSN and the listed part number provides no evidence of commerciality. The Product Specialist believes that this item is not commercial. A review of the material master indicates that this NSN has an AMC/AMSC of 1/C, and not 1/Z which would indicate a commercial item. A review of past procurements shows that this item was briefly classified as 1/Z, or a commercial item, from 4/5/16 to 5/16/16. This item was then classified as 1/C on 5/16/16 and included a reference for a steel reel, Radian drawing 1R0384.

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 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) F&R Sales, Inc. (1V630) Tesla Energy Solutions (72VJ2)

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

(X) DLAD Procurement Note L04 Offers for part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering ( ) Other _________________________________________________.

CONTRACTING OFFICER CERTIFICATION

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.

__________________________________________ 614-692-7996____8/1/19______ Contracting Officer Phone Date

______ Elizabeth Beechey____________________ Typed name of Contracting Officer

Approval/Certification

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

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

( ) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,000 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

Attachment I – J&A for SPE7M118R0041

BEECHEY.ELIZABETH.E.123020165

Digitally signed by

BEECHEY.ELIZABETH.E.1230201656

Date: 2019.08.01 17:41:17 -04'00'