SPE7MX20RX038 3-24-21.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-RX-038

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

(AUG 2016)

ORIGINAL J & A

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. The award will be made on an ALL OR NONE per NSN basis for one NSN for supplies covered under this contract. The resulting contract(s) will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Delivery Contract(s) IDC issued under

FAR Part 13.5 for a 3-year base period with the option to extend the contract for two additional years in one-year increments

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

CLIN NSN Brief Description AMC/AMSC ADQ Estimated

ADV

0001 6116-01-369-7679 Fuel Cell, Electrical 3/D 2905

End Item Description and Weapon System (s):

CLI

N

NSN WSDC END ITEM

0001 6116-01-369-7679 21N Nuclear Reactors Program 05A Helicopter Chinook, CH-47

75F HH-60 Helicopter

DTF Aircraft, Airlifter C-17A

Brief Item Description:

Fuel Cell, Electrical:

A basic item (reaction chamber) designed to produce an electromotive force (current) directly and continuously from an oxidation-reduction type of chemical reaction when two or more chemicals (fuel and oxidizer) are supplied.

The Product Specialist of record, DLA Land and Maritime -SAPD confirmed the AMS/AMSC codes, the weapon systems on 04-07-2020. Also, on the same day the Integrated Data Sheet (IDS) was check for the weapon system codes.

This NSN is a critical application item with the Weapon System Indicator Code (WSIC) “0” and the Weapon System

Essentiality Code (WSEC) “F”. The meaning for these codes are as follows:

WSEC “0” Failure renders end item inoperable.

WSIC “F” Reduction in effectiveness of end item

ESTIMATED BASE VALUE: $

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is:

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:

Teledyne Instruments Inc. Cage Code: 21070

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

The confirmation of sources listed above was completed by , Product Specialist for SAPD on April 07, 2020 and indicated that the AMC/AMCS is coded 3/D. The Government does not possess any data on this item. In addition, the approved source owns the data. Based on this, only the approved source can meet the Government’s minimum needs for this item. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

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

a. The acquisition will be synopsized on or about August 24, 2020, and will run for 15 days. At the completion of the synopsis period, the RFQ will be solicited on the internet for 30 days, via the DLA Internet Bid Board System

(DIBBS).

b. Alternate items will not be evaluated for this procurement, and all alternate offers will be required to submit a complete data package for evaluation

7. Certified Cost and Pricing Data: This acquisition does meet the threshold requirement for Certified Cost or Pricing

Data ; however , given that this item is determined commercial, in accordance with FAR 15.403-1(b)(3), the applicable clauses were not incorporated into the solicitation.

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

a. A price analysis will be conducted using commercial market pricing, historical government pricing, the Producer Price

Index (PPI) and learning curve analysis. Other than cost or pricing data will be requested if needed.

9. Market Research/Efforts to Obtain Competition: The results of the market surveys are detailed below. A Sources Sought notice was posted to the FedBizOpps website on June 11, 2020 for 15 calendar days to find potential sources for this NSN, with a response date of June 24, 2020. No responses were received.

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

A market survey was conducted on June 11, 2020. Techniques used to conduct survey:

Market Survey Package was emailed to each source supplier. The Buyer attempted to contact Teledyne Instruments Inc

(21070); however, the vendor did not respond with a POC or email, so the Buyer was unable to send a copy of the market survey.

Total Number of vendors contacted: 1

Names of vendor contacted:

1. Jobe & Company (6K174)

Techniques used to conduct survey: emails, FedBizOpps, Market survey questionnaire and attachments.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received:

Jobe & Company (6K174) POC responded via email on June 11, 2020 to the Market Survey requests that they would accept . They stated they are a small business dealer/distributor/reseller.

They are offering cage 21070 Teledyne Instruments Inc.

Jobe & Company stated that this item is commercial and they provided commercial invoices. See attachment # 2

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

Commercial Determination—for the reasons stated below, items covered by this initiative will be Commercial and will be procured under FAR Part 13.5—Acquisition of Commercial Items.

Per Far 2.101 Commercial item means

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

10. Additionally, an internet search was conducted to determine if the prior commerciality designation is still relevant to the current buy. A search of the part number listed in the PID, C06689-B3M, produced several results. This exact item was found on the following commercial website, Ebay, Part-Miner and WB Parts.

Based on market research, buyer has determined that the item is commercial. Contracting Officer's signature on this document indicates concurrence with this decision.

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

a.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.

b.A technical review was completed by the SAPD product specialist group for the NSN. The subject NSN has been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will bereissued allowing for the new source(s) a chance to compete for this acquisition.

12. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Jobe & Company

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

i. The solicitation will contain note L04- Offers for Part Numbered Items (SEP 2016) and M06- Evaluation of Offers for Part Numbered Items (SEP 2016).

ii. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

Prior J&A SPE7L318RX002 is attached. See attachment # 1.

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.

MATZ.RICHARD.JAM Digitally signed by

MATZ.RICHARD.JAMES.1080066615

8/18/20

ES.1080066615 Date: 2020.08.18 12:13:19 -04'00'

Contracting Officer Date

APPROVAL REQUIREMENTS

I have reviewed and approve this justification:

8/25/2020 Competition Advocate Signature Date

[x ] $700,000 to $13,500,000 Competition Advocate

Attachments:

#1 J & A SPE7L318RX002

#2 Jobe & Company Commercial Invoices.

SHEARER.MAR Digitally signed by

Y.E.1250702449 Date: 2020 08 25 14 09 08 -04'00'

SHEARER.MARY.E.1250702449