SPE7MX-17-R-0108_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-17-R-0108

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 by restricting the manufacturing sources to the approved sources for these items.

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

BRIEF

DESCRIPTION

NSN AMC AMSC QCC PLT PI

C

ADQ ADV

Battery Power Supply 6130-01-418-5230 1 Z BAF 30 2 43 Battery Power Supply 6130-01-475-5313 1 C DAF 40 2 14

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

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

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:

CLIN NSN Item Name UI Approved

CAGE

Company Name Approved Part Number

0001 6130-01-418-5230 Battery Power Supply

Each 0VWE2 Tesla Industries, Inc. TI1000GPU-24

3B2M0 Smart Power System, Inc SPSAV2830GPU 0002 6130-01-475-5313 Battery Power

Supply Each 0VWE2 Tesla Industries, Inc. TIMV1000GPU-24

3B2M0 Smart Power System Inc. SPS-2830GPU

The use of the authority cited is in other than 10 U.S.C. 2304(c)(1) above:

(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 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

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014) manual number apply. If one source available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

Tesla Industries, Inc. (0VWE2) and Smart Power Systems, Inc. (3B2M0) are the only known approved sources to manufacture this item. This NSN does not appear on an interchangeable catalog or a commercial cross reference list. Tesla Industries, Inc. (0VWE2) and Smart Power Systems, Inc. (3B2M0) are the only sources known to possess the technical data and manufacturing capability to manufacturer the item needed to meet the requirements of the service.

The Product Specialist group reviewed and verified the AMC/AMSC code on 4/12/2017.

[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 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 group reviewed and verified the AMC/AMSC code on 4/12/2017.

Tesla Industries, Inc. (0VWE2) and Smart Power Systems, Inc. (3B2M0) are the only know sources with the data necessary to manufacture the NSNs under these AMSC(s).

Because only Tesla Industries, Inc. (0VWE2) and Smart Power Systems, Inc. (3B2M0) possess the complete technical data for all of the items listed, they are the only sources uniquely qualified to manufacture these items; therefore, this acquisition will be solicited with full and open competition under the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302.

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

(X) The acquisition was synopsized on May 15, 2017.

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

a. This acquisition will include a 3-year base period and two 1-year option periods. Quantity ranges will be included for this NSN to allow offerors the opportunity to provide quantity price breaks. Cost and Pricing Data is not required based on FAR 15.403-1(c)(1)(ii). The contracting officer will use price analysis and buy history to compare proposed unit prices to those of previously awarded acquisition s to determine that contract award prices are fair

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014) and reasonable as required by FAR 6.303-2(a)(7). In addition, offeror(s) may be requested to submit information other than cost or pricing data for determining price reasonableness.

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

8. Market Research/Efforts to Obtain Competition:

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

(X) A market research was conducted on/during on March 21, 2017.

Total number of vendors contacted: 2.

Name of vendor contacted and responding: Tesla Industries (0VWE2) and Smart

Power System (2B2M0).

A Source Sought was posted on FedBizOpps on March 21, 2017 with a response date of March 28, 2017. The sources sought posting resulted on (0) additional companies expressing interest on this procurement.

A Synopsis was posted on May 15, 2017 with a response date of May 30, 2017. T additional companies indicated interest on this procurement under the interested parties tab, but provided no information. One company listed the NSN(s) that they provide and the other ompan didn't provide any information.

Techniques used to conduct survey: Market Research was emailed to the company. Types of information requested: The market survey requested the company to provide their stock delivery, state if the items are quantity sensitive, commercial, indicate the number of option years they would be willing to quote, asked if they would be willing to quote one destination zone, provide packaging requirements and if FOB Origin and Inspection/Acceptance at Destination would be acceptable if required. The Market Survey addressed fixed pricing, however; the contractor had the option to not accept fixed pricing and to state why with their response to the Market Survey.

The following responses were received:

Tesla Industries, Inc. (0VWE2) – @teslaind.com

Small Business manufacturer, with approximately 72 employees, with a preference to deal with the Government.

Is interested in pursuing a Long-Term Contract for the items.

They do not have a parent company.

They do not have a commercial distribution network.

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 contractor stated the items are commercial. They are willing and able to provide such proof, if the government determines it is needed to verify price reasonableness. The item is Published Catalogs/price listed. Buyer researched SAP and the material master and ones of the items is considered commercial. A commercial buy has been initiated on NSN 6130-01-418-5230.

Smart Power Systems, Inc. (3B2M0) – @smartpowerusa.com

Small Disadvantaged Business, with approximately 10 employees, with a preference to deal with the Government.

Is interested in pursuing a Long-Term Contract for the items.

They do not have a parent company.

They do not have a commercial distribution network.

Information received regarding the commerciality of the contractor stated the items are not commercial. They did not respond to if they are willing and able to provide such proof, if the government determines it is needed to verify price reasonableness. The items are not Published Catalogs/price listed. The items are not modified item of a type available in the commercial market place.

9. Cost or pricing data is not required and will not be requested as the Government has expectations of multiple sources providing proposals for this item.

10. 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. A technical and quality review was initiated by the SAPD Strategic Sourcing Specialists during the project development stage for this acquisition. During the review the Acquisition Method and Acquisition Method Suffix Codes were reviewed and verified for the included NSNs.

James Tasevski from SAPD Tech performed a technical review verified the NSNs and the AMC/AMSC codes on 4/12/17.

(X) Vetting of the market survey was done through the sources sought in an attempt to obtain additional sources.

11. A listing of sources, if any, indicating an interest in the acquisition is: Tesla Industries (0VWE2), Smart Power System (2B2M0), SSI Technology, Inc. (51819), Global Integral Supply, LLC (7VRS9).

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

(April 2014)

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

12. These items are subject to the following methods of locating additional sources:

These items are subject to the following methods of locating additional sources: The solicitation contains Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

13. The previous acquisition’s J&A was located and all actions were completed.

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 $700,000.00 this signature serves as the approval.

BRANDY D. WARNER Phone Date Contracting Officer

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

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

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

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

614-692-5024 6/22/17

WARNER.BRANDY

.DANIELLE.125189

Digitally signed by

WARNER.BRANDY.DANIELLE.1

251897880 Date: 2017.06.22 07:47:48 -04'00'

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.06.26 10:20:20 -04'00'