Redacted_J&A_SPRAL1-18-R-0028.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-18-R-0028

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0028 - 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 6120-01-645- 0447 for part number 7200-A-161-RC. 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 Spectrum Control Inc. (4L2Z9). Spectrum Control Inc.

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 6120-01-645-0447 13 EA $ B

Power Supply. The Tactical Power Supply (TPS) Collection by API Technologies is a portable DC Power Rectifier designed as a fielded generator for powering command & control communications systems and other critical EW & weapons equipment. The TPS features weatherproof & ruggedized construction which allows our rectifiers to withstand extreme temperatures (-40°C to 85°C) and harsh environments including shock, vibration, and water spray. When fielded, the DC rectifier reduces fuel consumption and wear and tear on vehicles by eliminating run time to support powering fielded special ops equipment. The Tactical Power Supply can accept power from generators or community power and converts AC power to 28 Volts of DC power at a variety of amperages (including 150A, 100A, 75A models). Sources of AC supply to the dc power rectifier can be one of three different AC inputs. (A variety of source-power to TPS cable assemblies are available).

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): A0387.

Procurement History:

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code

JGILS, LLC (1N8T8) SPRAL117P0004 6120-01-645-0447 7/1317 3 EA $44,263.49 BG

Atlantic Diving Supply, Inc. (1CAY9) SPRAL117P0111 6120-01-645-0447 10/26/16 2 EA $44,047.31 BB

Previous J&A is not available for this NSN since both procurements were small purchases.

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, Spectrum Control Inc. The technical certificate from SYSCOM is attached to this document. Spectrum Control Inc. 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 Spectrum Control Inc. per DLR tech data from Albany, GA. Spectrum Control Inc. is the only manufacturing source specified on the source control or selected item drawing.

The use of the authority cited is based on:

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

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0028 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

The use of the authority cited is based on:

(X) AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. 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. Authorized dealers/distributors of the approved source will be solicited and the solicitation will be posted to DIBBS for 30 days. The acquisition was synopsized on October 10, 2018.

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

The current requirement is sole source to Spectrum Control Inc. and will be solicited for 30 days. The requirement is for a total quantity of (13) EA for NSN 6120-01-645-0447 for part number 7200-A-161-RC for a total estimate of

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2.0M per DAG 15.403-4 or DLAD 15.402-90.

In addition, the buyer will use previous award (SPRAL1-17-P-0004) for the price analysis to establish Government targets. This purchase order was selected because the quantity purchased is closer than the purchase order dated October 26, 2016. Finally, the quantity to be bought is 13 compared to the 2 each bought in 2017 and 3 each bought in 2016, so it is anticipated that perhaps an economies of scale would be a factor in getting a reduction in unit price.

The price analysis will utilize curve for the high target price and a curve for the low target price.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from June 8, 2018 through June 18, 2018. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Spectrum Control Inc. 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 no information available from Google, Amazon, GSA or EBay to support commerciality.

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 8, 2018 through June 18, 2018) 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 Spectrum Control Inc.: June 8, 2018 through June 18, 2018, which was completed and forwarded via email on June 15, 2018.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Spectrum Control Inc.

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

Types of information requested:

Source sought:

A sources sought was posted in FedBizOpps on June 8, 2018 with a response day of June 18, 2018. 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.

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0028 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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: A market survey was sent to Spectrum Control Inc. via email in order to tailor our current acquisition situation under the following NSN – 6120-01-645-0447. 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 from vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Spectrum Control Inc. is sole source for this NSN.

Spectrum Control Inc.

This procurement is a code and part number (7200-A-161-RC) buy to Spectrum Control Inc. Spectrum Control Inc. is a large business per their SAM registration and completed market survey. Spectrum Control Inc. stated t.

Information received regarding the commerciality of the item(s): Spectrum Control Inc. stated the item is commercial in their completed market survey. Spectrum Control Inc. did not provide any commercial invoices or evidence that supports item is available to the open market. In addition, there was no information available from Google, Amazon, or EBay to support commerciality.

JGILS, LLC (1N8T8) and Atlantic Diving Supply, Inc. (1CAY9) authorized dealers/distributors for Spectrum Control Inc. both supplied this item in previous procurements.

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

(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 needs 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).

(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.

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0028 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Spectrum Control Inc. (4L2Z9)

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.

Attachment:

1. DLR Technical Certification.

2. PR Trailer

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

614 692 4841 04 Feb 19