CL18142002_Redacted_J&A_final.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-X038

Project# CL18142002

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

The use of the authority cited is based on:

[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.

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

[X] The acquisition was synopsized on March 12, 2019.

[X] The acquisition will be solicited on DIBBS for a minimum of 15 days.

[X] A Sources Sought notice was posted to FBO from May 24, 2018, through May 31, 2018.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable in accordance with FAR 15.404-1. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Certified Cost and Pricing Data is not required as the acquisition is below the Truth in Negotiations Act (TINA) threshold.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice was prepared and posted to Federal Business Opportunities (FedBizOpps.gov) from May 24, 2018, to May 31, 2018, which yielded no direct results. However, market surveys were sent to contractors, which were answered as indicated below.

An analysis was performed of the information in Haystack to review the procurement history and whether any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that this is a sole source part provided by SAFT and does not indicate that it was previously sourced to any other vendors. No similar items were found in Haystack.

DD2579 was sent to and approved by the Small Business Office for the procurement to be solicited as unrestricted-other than full and open competition as there is no reasonable expectation that offers will be obtained from at least two (2) small businesses offering the products of different small business concerns, which is based on an AMC/AMSC code of 3/D, sole source item, as well as market research results and procurement history.

Buyer requested updated data pull from Product Specialist for subject NSNs, which was received on January 22, 2019, and confirms approved source and AMC/AMSC Code as stated above.

Summary of Market Survey Information Sent:

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, and EDI capability. Long-Term Contract related questions asked included: whether the company is interested in an LTC, if a three-year base period with two one year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data. Other questions asked included: whether it would be beneficial to combine NSNs, whether the product is

Project# CL18142002

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

commercial, whether prices were published, whether prices would be included for transportation charges if the item requires FOB Destination, and whether the Government would see any savings. Delivery questions were asked regarding phased delivery and maximum quantity.

Summary of Market Survey Information Received:

1. National Material Supply Co., LLC (1J8D2): Response was received on May 29, 2018, from Sales Manager. NMSC is a small business dealer and has an authorized distributorship with SAFT. The company is interested in a long-term contract (LTC) with the Government and would require an . Furthermore, NMSC identifies the items as commercial;

catalog and/or commercial invoices were not provided. FOB Destination is not acceptable; however, they are able to provide STD-COM PKG with MIL-STD-129 Markings. Consolidation is recommended as items have the same OEM.

2. Ttek Assemblies Inc. (4HA91): Response was received on May 25, 2018, from , Sales.

Ttek is a small business dealer and has an authorized distributorship with SAFT. Ttek is interested in an LTC with the Government, requiring an , and identifies the items as commercial.

FOB

Destination and STD-COM PKG with MIL-STD-129 Markings are acceptable.

3. ECVC, Inc. (4U407): Response was received on June 4, 2018, from have an exclusive distributorship with SAFT. ECVC indicates an interest in an LTC with the Government and identifies the items as commercial. FOB Destination and STD-COM PKG with MIL-STD-129 Markings are acceptable. Consolidation is recommended.

4. SAFT America, Inc. (7X634), the OEM, Original Equipment Manufacturer, i.e. sole source, only provided an email response to the market research request. On May 29, 2018, , Contracts & CS Manager, confirms that SAFT is the manufacturer of these items and further states

Information received regarding the commerciality of the item:

Based on market research results (see above) and online search results (see Attachment #1), buyer determines NSNs to be commercially available. Items were available on amazon.com, SAFT’s website and other public online sources.

9. Additional facts supporting other than full and open competition are:

[X] Based upon the technical certification, dated January 25, 2019, 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: National Material Supply Co., LLC, Ttek Assemblies Inc., ECVC, Inc.

Project# CL18142002

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

11. The following actions are being taken to identify additional sources:

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

No prior J&A exists as previous purchases were under the Simplified Acquisition Threshold, thus not requiring a J&A.

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

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 Contracting Activity (HCA)

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