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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M516R0083

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: Module, Electronic Control

NSN/PN: 2815-01-512-8980 QUANTITY: 250

EST.VALUE: AMSC: D

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

Bradley, WSDC 37A

ESTIMATED BASE VALUE

MAXIMUM CONTRACT VALUE

Quantity breaks from 200 to 300 each

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. On 7/7/2016, the product specialist has identified and verified that the sources below are the only known sources that possess the requisite data rights for this NSN with the capability to manufacture this part. This is a Diminished Manufacturing Source (DMS) procurement and it represents an End of Life (EOL) buy as this NSN will not be purchased after this procurement.

This NSN is coded to Profit Center 3013316. Currently, Cummins is the only known source able to manufacture this part at this time for this NSN.

If restricted to the only source(s) of supply, include source(s) and CAGE code:

Cummins Inc (0B8S3)

The use of the authority cited is based on:

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

[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.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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

(X) The acquisition will be synopsized on or about August 2016.

(X) Other (Explain): Will be posted to the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable with competitive prices based on interest from dealers as well as competitive quotes received for previous procurements.

The most recent buy for this item was from Lynn Electronics Corp. (19151) in July 2016 for 25 units at $1889 per unit and was determined fair and reasonable based on price competition between dealers offering the same part (BB). This NSN has been purchased 12 times by DLA in its history, from December 2014 to July 2016. The quantities purchased have varied from 1 to 25 units, with pricing ranging from $1340 to $3178 per unit. All previous procurements have been from dealers.

This will be a stocked item. The estimated price of both the solicited quantity of 250 units and maximum quantity of 300 units will not exceed $750,000, requiring certified cost and pricing data or $700,000, requiring a sub-contracting plan.

Negotiations procedures may be used pending on price analysis results and competition.

Length of contract: A firm-fixed price contract will be issued.

Quantity: 250 each (Quantity price breaks will be solicited from 200 each up to 300 each in anticipation of requirements increases).

Estimated Contract Value:

8. Market Research/Efforts to Obtain Competition:

A Market Survey was sent to all the approved sources. Additionally, a Sources Sought notice was synopsized in the Federal Business Opportunities (FedBizOpps) to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the government’s requirements.

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

A market survey was conducted on 6/30/2016 and a Sources Sought synopsis was posted in the FedBizOpps on 6/30/2016, closing on 7/15/2016.

Total number of vendors contacted: Four (4).

Names of vendors contacted and responding:

1) Cummins Power Systems responded stating they intend to submit a proposal.

2) R&M Government Services responded stating they intend to submit a proposal.

3) Cleamon Services did not respond.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

4) Lynn Electronics did not respond.

Responses received from Sources Sought posted on FedBizOpps:

1) NoraTec LLC (9A148) responded via email on 7/8/2016. They did not fill out a

Market Survey, but did respond that they are interested in offering a proposal for the solicitation. NoraTec will be included on the prospective offerors list and will be sent a copy of the solicitation once it is posted.

Techniques used to conduct survey:

a) Market surveys were sent via e-mail to the following sources:

1) Cummins Power Systems (1CS43)

2) R&M Government Services (6FN58)

3) Cleamon Services (7GKN1)

4) Lynn Electronics (19151)

Types of information requested:

a) See Market Research/Survey requested information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist. (See attachment #1)

b) Sources Sought notice contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist.

Summary of information received:

a) Cummins Power Systems (1CS43):

Contractor responded they would be interested in submitting a proposal.

1) They are a large business distributor.

2) They prefer to deal directly with the government.

3) This is a commercial item bu

b) R&M Government Services (6FN58) Contractor responded they would be interested in submitting a proposal.

1) They are a small business dealer.

2) They deal with OEMs, distributors and the government.

3) This is a commercial item

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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

The material master (MM03) states this item is not commercial. A Google part search and GSA search found no listings. Cummins website was checked and, while it did show the part as being in their parts list, it did not have a published price list or show the part as available at this time. Previous procurements have not been purchased commercially.

While the market surveys returned do state this is a commercial part, the buyer believes this is a non-commercial item and the procurement will proceed under FAR Part 15 procedures.

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)

1) Cummins Power Systems (1CS43)

2) R&M Government Services (6FN58)

3) NoraTec LLC (9A148)

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

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) 692-4621 Contracting Officer Phone Date

Christine Boyer________ Typed name of Contracting Officer

Approval/Certification

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

at the solicited quantity, the top price break.

BOYER.CHRISTI

NE.D.12496996

Digitally signed by

BOYER.CHRISTINE.D.12496

99639

Date: 2016.08.30 12:01:50

-04'00'

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

This justification has been reviewed for legal sufficiency:

DLA Land and Maritime Counsel Date

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

Date: 2016.08.30 16:55:50 -04'00'