JA6.302-1SPE7MX22RX043.pdf

CUI

SPE7MX-22-R-X043

Source Selection Information – See FAR 2.101 and 3.104 / CUI

Commercial Determination: The three (3) items contained on this project are heavy duty electronic components used in the repair and service of maritime motor control systems. These Class IX spares are utilized by the US Military on various applications and are also used in commercial offshore oil platforms and mining operations where durability and extreme operational environments are important. The basic functionality of motor controls through automatic or manual means is to enable starting and stopping of the motor, selecting forward or reverse rotation, selection and regulating the speed, regulating or limiting the torque, and protecting against overloads and electrical faults. Unit cost for motor controls and their components can vary dependent on quality, application, and performance requirements.

The three NSN(s) on this project support motor control units manufactured by DRS Naval Power Systems (DRS) (27192) found in military and commercial applications. DRS spares are all manufactured on the same production line using the same materials, testing, and production equipment. The public is not restricted from purchase of any of the part numbers on this project.

Commercial and military purchases are made under the same part number for each item, 6957ED14-1A (5945-00-666-0964), 6957ED29-4C (6110-01-144-9535), and 6957ED58-1C (6110-01-322-2758). Sales are made through a network of authorized DRS Naval Power Systems (27192) distributors. DRS is a division of Leonardo Company and provides technical information on its products via their internet website located at www.leonardodrs.com. DRS maintains their items on a commercial price list and their distributors utilize the list and add mark-up for packaging, shipping, labeling and profit in percentages set by each distributor.

Authorized DRS distributor Jo-Kell (5V049), advised the Government that DRS considers these project spares to be commercial “of a type” customarily sold to the public in the commercial marketplace. Jo-Kell supplied the Government with a copy of the DRS October 2021 Commercial Price List containing all three (3) of the project NSNs and three (3) non-redacted commercial sales invoices showing recent sales to non-governmental customers. Jo-Kell (5V049), an authorized distributor of DRS Naval Power Systems (27192), provided market survey response on behalf of DRS Naval Power Systems during the market research phase indicating distributor pricing is based on the commercial price list and applicable mark-up for packaging, shipping, and individual distributor’s profit margins.

The Acquisition Specialist consulted with DLA Land & Maritime-SAPD Product Specialist on 05/04/2022 who indicated that the data needed to acquire these parts 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 materials for a competitive solicitation enabling a “Brand Name or Equal” full and open solicitation per FAR 52.211-6. He further concurred the opinion that these items fall under the “commercial of a type” definition in FAR Part 2, Subpart 2.1, Section 2.101. The COTS Tab in the Material Master indicates “Y”, which means that a technical determination has been made that these items are deemed Commercial AND/OR Commercial Off-the Shelf. The items are also restricted source items requiring engineering source approval by the Government design control activity, which limits the number of approved sources.

In accordance with FAR 2.101 and DLAD 12.102 the NSNs included on this project has been determined by the Contracting Officer to be commercial items or items “of a type” commercially available. This determination is based upon the information obtained in the market survey, market research, Acquisition Specialist’s research, and the NSN’s specification requirements. FAR Part 13.5, Acquisition of Certain Commercial Items, will be applied to this acquisition.

Source Selection Information – See FAR 2.101 and 3.104 / CUI

9. Additional facts supporting other than full and open competition are: 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 is: Jo-Kell Inc. (5V049)

11. The following actions are being taken to identify additional sources: The solicitation contains DLAD Procurement Notes L04 - Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items, which increases competition by permitting the consideration of alternate offers. If alternate offers or capability statements are provided in response to the synopsis, DLA will consider the offeror’s proposal for award after technical approval of the engineering support activity.

12. The Acquisition Specialist searched the most recent previous awards listed in the contract history for each project NSN in Records Management in eProcurement for previous Justifications for other than full and open competition (J&A) as required by Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.304, and was able to locate the J&A for SPE7MX21D0086 for only CLIN 0001, NSN 5945-00-666-0964 contained on this successor project and is included for the approving authority.

In accordance with DFARS PGI 206.304(a)(S-70)(i), the following planned actions to remove any barriers to competition have been completed:

In the past, DLA Land and Maritime has hosted Captains of Industries to bring in industry leaders for particular commodities or weapon systems to help decrease barriers for companies looking to become sources of supply.

A Sources Sought Notice has been issued on www.sam.gov for a minimum period of five business days.

Buyers continue to conduct market research to ascertain if changes have occurred in the marketplace that would enable items to become competitive.

Solicitations will be posted on www.sam.gov The solicitation will include the provision entitled “Conditions for Evaluation and Acceptance of Offers and Part Numbered Items” (currently Procurement Note L04) and “Evaluation of Offers for Part Number Items” (currently Procurement Note M06).

Source Selection Information – See FAR 2.101 and 3.104 / CUI

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 $750,000, this signature serves as the approval.

ELIZABETH E. HANLON DATE

Contracting Officer, ZBB

Approval/Certification

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

MARY E. SHEARER DATE

DLA Land & Maritime - Competition Advocate

APPROVAL REQUIREMENTS

( x ) $750,000 to $15,000,000 Competition Advocate

ATTACHMENTS:

1. Technical Certification

2. Justification and Approval for SPE7MX21D0086

HANLON.ELIZABETH.

EASTON.1378372107

Digitally signed by

HANLON.ELIZABETH.EASTON.1378372

Date: 2022.09.12 09:10:10 -04'00'

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.09.12 09:21:16 -04'00'