Redacted_J&A_-_SPRAL117R0046__-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-17-R-0046

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0046 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 for a Power Supply for the following NSN 6120-01-592- 4787 for part number ACG2500U24.6K52. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized since after market research (FAR 10) was conducted and the Marine Corp.

technical data that was presented indicates the NSN is sole source to Acumentrics Rups, LLC (5WJV5).

Acumentrics Rups, LLC is the only known provider of this item to meet the services’ needs.

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

CLIN BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

0001 Power Supply 6120-01-592-4787 44 EA H

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): E0796 – Rugged UPS 2500 Series.

Procurement history is available for this NSN. The previous procurements did not exceed the Simplified Acquisition Threshold (SAT) and therefore there are no previous J&As.

*Purchase Order cancelled March 27, 2015; due to all quotes were not evaluated at time of award.

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.

Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Acumentrics Rups, LLC. The technical certificate from SYSCOM is attached to this document. Acumentrics Rups, LLC is the only company known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSN is sole source to Acumentrics Rups, LLC per DLR tech data from Albany, GA.

The use of the authority cited is based on:

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

The use of the authority cited is based on:

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Atrex Energy (03FF4) SPRAL115M0087 6120-01-592-4787 9/23/15 2 EA $7,997.00 BB

AM-MAC Inc. (0VW10) SPRAL115M0035* 6120-01-592-4787 3/12/15 2 EA $8,610.01 BB

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0046 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

(X) AMSC H. The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

(X) The acquisition was synopsized on November 16, 2017.

(X) Other (Explain): Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. However, the Power Supply need to be procured from the sole source manufacturer based on the tech data. The technical certificate from SYSCOM is attached to this document (Attachment #1).

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

The current requirement is sole source to Acumentrics Rups, LLC and will be solicited for 30 days. The requirement is for a quantity of (44) EA for NSN 6120-01-592-4787 for part number ACG2500U24.6K52 for a total estimate of $ Acumentrics Rups, LLC stated the commercial unit price is $ (see attachment #2).

Certified Cost and Pricing data will not be required because the item is deemed commercial per FAR 15.403(b)(3) and the estimated value threshold does not exceed $750,000.00. Other than certified cost and pricing data may be requested.

In addition, the buyer will use previous award (SPRAL1-15-M-0087) for the price analysis to establish Government targets. The price analysis will utilize a curve for the high target price and a curve for the low target price. In addition, a review of the commercial pricing will be conducted to ensure that pricing is fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from June 16, 2017 through June 26, 2017. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Acumentrics Rups, LLC. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”. In addition, there was information available from Google, Amazon, GSA or EBay to support commerciality. This item can be located at the following websites:

http://fsg-61-electric-power.parttarget.com/transformers-distribution-power-station-ACG2500U24- 6K52_BTE-70791A-T1.html http://www.thepowerclinic.com/power-supply-repair-manufacturers/acumentrics/acg2500u246k52 https://www.asap-nsnparts.us/manufacturers/acumentrics-corporation/ http://www.parttarget.com/6120-01-592-4787_6120015924787_7019435.html

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

A market survey was conducted on/during: market surveys were submitted two ways. The first way was via the source sought (June 16, 2017 through June 26, 2017) which included the market survey as an attachment and allowed for non-approved sources to submit a SAR. The second way market research was conducted via the market survey that was submitted to Acumentrics Rups, LLC (5WJV5/sole source): June 16, 2017 through June 26, 2017, which was completed and forwarded via email on June 21, 2017.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Acumentrics Rups, LLC.

Techniques used to conduct survey: Email (communication) and written survey format technique.

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0046 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

Types of information requested:

Source sought:

A sources sought was posted in FedBizOps on June 16, 2017 with a response day of June 26, 2017. The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN in order to promote competition. Sources that are not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN. LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN.

While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: Market Survey was sent to Acumentrics Rups, LLC via email in order to tailor our current acquisition situation under the following NSN – 6120-01-592-4787. Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses for vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Acumentrics Rups, LLC is sole source for this NSN.

Acumentrics Rups, LLC This procurement is a code and part number (ACG2500U24.6K52) buy to Acumentrics Rups, LLC.

Acumentrics Rups, LLC is a small business per their SAM registration and completed market survey. They are sole approved source for this NSN. . Acumentrics Rups, LLC stated the item is commercial. Acumentrics Rups, LLC stated they are interested in pursuing Long-Term Contracts for this item. Most of the provisions selected by contractor were: “Yes” or “No” answers. P/N and estimated unit price were confirmed with (POC) at Acumentrics Rups, LLC. Contractor will provide proposal within 30 days. They

Information received regarding the commerciality of the item(s): Based on Acumentrics Rups, LLC (sole source) complete market survey and FAR 2.101 item is considered commercial. Acumentrics Rups, LLC provided their commercial part list see attachment #2. Acumentrics Rups, LLC stated the unit price is In addition, there was information available from Google, Amazon, or EBay to support commerciality at the following websites listed above, so anyone can buy the modem, communication commercially. The item is being deemed commercial and therefore FAR 12 procedures will be utilized.

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

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0046 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

(X) Based upon the technical certification on file via the technical certification from SYSCOM 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: (If none, so state) Acumentrics Rups, LLC (5WJV5) Atrex Energy (03FF4) Am-Mac Incorporated (0VW10) Dreamfind, Inc. ( 1V4T7) Phoenix Trading Inc. (4LF36) MCO Solutions, Inc. (6HSP8)

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains the DLAD Procurement Note L04, Offers for Part Numbered Items.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corp. does not intend to procure the technical data necessary to foster competition.

A source sought was posted in FedBizOps for 10 calendar days without receiving any responses for vendors submitting either SAR or market survey information for this requirement.

Attachment:

1. DLR Technical Certification.

2. Commercial Price List

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, this signature serves as the approval.

Contracting Officer Phone Date

Julie M. Miller Typed name of Contracting Officer

Approval/Certification

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer and belief. If not exceeding $

Contracting Officerr

614 692 4841 28 Nov 2017

5 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0046 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)