Redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0086

[X] ORIGINAL

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 competition basis. The NSNs are for the item name, shown below with the following FSG’s and FSC’s:

FSG 66 – Instruments and Laboratory Equipment FSC 6625 – Electrical and Electronic Properties Measuring and Testing Instruments

3. Weapon System Description Code (WSDC) Weapon System

JRN KNOX CLASS FF

JDN ARLEIGH BURKE CLASS DDG

EZN TICONDEROGA CLASS CG (47)

YRN FMS BUILD FRIGATES CLASS SHIPS

DTF AIRCRAFT, AIRLIFTER C-17A

56F B-1B BOMBER

91N RADAR

MFF RADAR SYSTEM AN/VPQ-1

7ZM KIT, COOLING AND REF

YJN VIRGINIA CLASS SUBMARINE

C1N LITTORAL COMBAT SHIP (LCS 1)

JSN WHIDBEY ISLAND CLASS LSD

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

CLIN NSN Item Name UI AMC AMSC Price Standard

ADQ ADV

0001 6625012656000 MULTIMETER EA 3 Z 165

0002 6625013635824 MULTIMETER EA 3 Z 96

0003 6625013635826 MULTIMETER EA 3 Z 26

0004 6625014352016 MULTIMETER EA 3 Z 2

0005 6625014585183 MULTIMETER EA 3 Z 1,070

0006 6625014816875 MULTIMETER EA 3 Z 147

0007 6625014895585 MULTIMETER EA 3 Z 39

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

The subject solicitation is for the establishment of a fixed-price Indefinite Quantity Contract (IQC) with a three-year base period and two available one-year options. This acquisition will be unrestricted.

5. The statutoryauthority 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.

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

NSN 6625-01-265-6000: Fluke Corporation (89536) Part Number FLUKE-27II/FM

NSN 6625-01-363-5824: Fluke Corporation (89536) Part Number FLUKE 115

NSN 6625-01-363-5826: Fluke Corporation (89536) Part Number FLUKE 83-5 and FLUKE 83-V

NSN 6625-01-435-2016: Fluke Corporation (89536) Part Number FLUKE 190-102/AM/S

NSN 6625-01-458-5183: Fluke Corporation (89536) Part Number 179 and FLUKE 179

NSN 6625-01-481-6875: Fluke Corporation (89536) Part Number 287 and FLUKE-287

NSN 6625-01-489-5585: Fluke Corporation (89536) Part Number 177 and FLUKE 177

NSN 6625-01-561-2781: Fluke Corporation (89536) Part Number 323 and FLUKE 323

NSN 6625-01-562-9607: Fluke Corporation (89536) Part Number 116

NSN 6625-01-564-1962: Fluke Corporation (89536) Part Number FLUKE-289

NSN 6625-01-604-8571: Fluke Corporation (89536) Part Number FLUKE 725

CLIN NSN Item Name UI AMC AMSC Price Standard ADQ ADV

0008 6625015612781 MULTIMETER EA 3 Z 27

0009 6625015629607 MULTIMETER EA 3 Z 11

0010 6625015641962 MULTIMETER EA 3 Z 688

0011 6625016048571 VOLTMETER EA 3 Z 22

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] 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. When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary. The approved source listed with this AMSC has been evaluated by the military services’ Engineering Support Activity and is currently the only source known that is uniquely qualified to provide this item.

Fluke Corporation (4U744) is the only known approved source to manufacture these items. None of these items appear on an interchangeable catalog or a commercial cross reference list. Fluke Corporation (4U744) is the only source known to possess the technical data and manufacturing capability to manufacturer the items needed to meet the requirements of the service.

The Product Specialist group reviewed and verified the AMC/AMSC code on 2/21/2017.

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

[X] The acquisition was synopsized on 3/06/2017.

[X] Dealers of the manufacturers will be solicited.

[X] Other. The solicitation will be posted and available on the DLA Internet Bid Board System (DIBBS), a web-based application that allows vendors to search and review RFPs.

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

a. Cost and Pricing Data is not required per FAR 15.402-1(b)(3). The item will be solicited i/a/w FAR 12— Acquisition of Commercial Items. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4. The buyer may request information other than cost or price data to support price reasonableness if necessary.

b. Price analysis will be done to determine price reasonableness by comparing proposed and past history pricing with comparable quantity adjusted by the PPI.

9. A Market Survey was sent to the following contractors: Large business manufacturer, Fluke Corporation (4U744), small business dealer Fotronic Corporation (1EZE9), large business dealer Techni-Tools, Inc. (30239). The companies were asked, among other things, to provide their stock delivery, state if the items are quantity sensitive, state if the items are commercial, indicate what would be the optimum contract length (i.e., Base plus option period/years), FOB Origin/Origin preference,etc.

Fluke Corporation (4U744) – POC: , phone number 425-446-5778, @fluke.com. The following was the only information received from Fluke Corporation when they responded to the market survey.

The items are not on GSA contract Provided commercial sales invoices Currently has 500 + employees Does have parent company named Fortive Corporation Does have a commercial distribution network Dealers are not exclusive

The products are primarily sold through their worldwide commercial distribution network. Fluke’s authorized United States distributors may be found at www.Fluke.com, where to buy, which provides links to distributor web sites and advertised pricing.

Can provide proof of commerciality Prefers to deal with Government directly

Fotronic Corporation (1EZE9) – POC: , phone number 339-239-4066, @fotronic.com. The following response was received:

Is a Veteran Owned small business supplier/dealer Has 48 employees, does not have a parent company As a dealer, can set own prices As a dealer, the manufacturer with cage is Fluke Corporation (4U744)

Items are commercial Items are in a published catalog at www.testequipmentdepot.com Can provide unredacted invoices Will provide proof of commerciality They currently hold a contract for FLUKE179 under contract SPM7LX-13-D-0016

Techni-Tools, Inc. (30239) – POC: , phone number 610-940-5455, @techni-tool.com. The following response was received:

Is a large business with 185 employees

Does have a parent company Parent company has 24000 employees Independent from OEM Manufacturer has 89536 employees

Items are in a published catalog at www.testequipmentdepot.com Cannot provide unredacted invoices Items are commercial Will not provide proof of commerciality

A Sources Sought notice was published 6/08/2016 for seven days via the internet (at https://www.fbo.gov/). The purpose of sources sought was to provide an opportunity to other potential sources to manufacture these NSNs in order to promote competition and allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. No response was received. A Pre-Solicitation Notice was published on 3/06/2017 via the internet (at https://www.fbo.gov/). No responses were received.

10.Additional facts supporting other than full and open competitionare:

[X] Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not complete and cannot be developed to permit full and open competition. However, the items provided must meet the requirements of the cited technical data in addition to the requirements of the part numbered items listed on the solicitation.

[X] A standard technical data review was completed by the SAPD product specialist group and strategic sourcing specialist on 2/21/2017. During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSNs. Confirmation of sources for the NSNs were also completed and determined to be acceptable. No other sources or adequate technical data could be identified.

12. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Fluke Corporation (4U744), Fotronic Corporation (1EZE9), and Techni-Tools, Inc. (30239).

13. This items are subject to the following methods of locating additional sources:

[X] The solicitation contains Procurement Note M06, Evaluation of Offers for Part Numbered Items, and Procurement Note L04, Offers for Part Numbered Items., as these are the provisions contained in the actual solicitation.

14. The buyer searched the previous awards listed in the contract history in Records Management in EProcurement for previous J&A’s and was unable to locate a J&A on any of the contracts as required by DFARS PGI 206.304.

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.

Brandy Warner Contracting Officer & Date of Approval

APPROVAL/CERTIFICATION

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

Competition Advocate Signature & Date of Approval

COUTURE.MARY.

E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.06.01 18:38:44 -04'00'

WARNER.BRANDY

.DANIELLE.125189

Digitally signed by

WARNER.BRANDY.DANIELLE.1

251897880 Date: 2017.05.30 14:55:12 -04'00'