J&A.FOIA.Redacted.SPE7M517R0015.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M517R0015 / PR 65661450

[ 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 a full and open competition basis.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Resistor, Fixed, Wire 5905-01-142-6978 2 C

Estimated Base Value:

Estimated Maximum Value for a quantity of 5:

End Item Description, Weapon System, or class of item: A resistor is a passive two-terminal electrical component that implements electrical resistance as a circuit element.

Resistors are common elements of electrical networks and electronic circuits. No weapon system was listed by the product specialist.

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:

Ward Leonard Electric (63743) P/N 23488.581-1

The use of the authority cited is based on 10 U.S.C. 2304(c)(1):

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

[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.

On 10/25/16, the buyer received confirmation from the product specialist of record that the AMC/AMSC of 3/C is accurate. There is one approved source listed for this NSN;

Ward Leonard Electric (63743) P/N 23488.581-1. Ward Leonard Electric (63743) is uniquely qualified as they are the only known source that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources.

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

[X] The acquisition will be synopsized on or about December 2016 and will be solicited on the DLA Internet Bid Board (DIBBS).

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

The most recent buys for this item were in June 2016. Price was determined fair and reasonable based on Contracting Officer analysis and competition. Buys were coded BI and BB.

Based on historical pricing there is no reason to believe that a fair and reasonable price for the solicitation quantity of 2 units will not be obtained.

The estimated maximum value of this PR is Therefore, Other Than Cost or Pricing Data will be used to determine a fair and reasonable price. This includes historical pricing, comparison of similar items, price analysis, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

8. Market Research/Efforts to Obtain Competition:

Ward Leonard Electric (63743) was sent a market survey on 10/17/16 and responded with the following on 10/18/16:

o Ward Leonard Electric is registered in SAM and is a small business manufacturer.

o P/N 23488.581-1 is not a commercial item.

o All sales to DLA goes through their distributor, ECI Defense Group

(3SDB5).

o Ward Leonard Electric is interested in a Firm-Fixed Price Contract through their distributor, ECI Defense Group (3SDB5).

ECI Defense Group (3SDB5) was sent a market survey on 10/17/16 and responded with the following on 10/18/16:

o ECI Defense Group is registered in SAM and is a small business dealer.

o P/N 23488.581-1 is not a commercial item.

o P/N 23488.581-1 does not have a minimum order quantity.

o ECI Defense Group is interested in a Firm-Fixed Price Contract.

A sources Sought was posted to FedBizOpps on 10/14/16 with a respond by date of 10/21/16.

o No responses or inquiries were received from any interested party as of 10/21/16

The last purchase for NSN 5905-01-142-6978 in June 2016 (SPE7M116M6200), was an under SAT purchase order and did not address commerciality. The market survey response from the OEM stated this NSN is a non-commercial item. The COTS Field is blank in MM03, and research in GSA advantage yielded no results. Based on research, this NSN is determined to be a non-commercial item.

There have been no over SAT procurements of this NSN. Therefore, no previous J&A exists.

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:

Ward Leonard Electric (63743) ECI Defense Group (3SDB5)

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

• The solicitation contains Procurement Notes L04/M06 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.

Contracting Officer Date

Christine D. Boyer__________________________ Typed name of Contracting Officer

This justification has been reviewed for legal sufficiency:

DLA Land and Maritime Counsel Date

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

______ __________ at the top price break) _________________

APPROVAL REQUIREMENTS

(X ) Up to $700,000 Contracting Officer

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

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

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

12/7/2016BOYER.CHRISTINE.

D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.1249699639

Date: 2016.12.07 08:39:26 -05'00'

Date: 2016.12.20 11:01:16 -05'00'