SPRAL1-19-R-0005_-_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-19-R-0005

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/services for the Monocular, Stabilize (National Stock Number (NSN) 6650-01-649-9529). Other than a full and open competition basis FAR 6.302-1 and 10 U.S.C. 2304(c)(1) will be utilized since after market research (FAR 10) and Marine Corps technical data it was determined the current NSN is sole source to Kollsman, Inc. (CAGE 89944).

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Monocular, Stabilize 6650-01-649-9529 4 H*

*LOGCOM and SYSCOM were asked to provide a permanent AMSC coding and at this time, they have indicated that the coding will remain at “H” since this is a first time buy and there is no technical/historical information on this item to prompt a change in the coding.

NSN 6650-01-649-9529, a Monocular, Stabilize is a component of NSN 1240-01-647-6446, Range Finder, Laser. The Range Finder, Laser is an instrument used to determine the distance of a target from the observer. It comprises a laser transmitter and receiver system. It may include ancillary equipment to determine azimuth and elevation angles.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Range Finder, Laser model 48502000-1. OEM Kollsman, Inc’s part name for this end item is Common Laser Range Finder Integrated Cap.

This procurement is a first time buy and therefore there is no procurement history and there are no historical J&As to provide as an attachment to this document. While there appears to a procurement for the end item assembly, to which, this item is a part of that, there are no contracts specifically for this item.

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, Kollsman, Inc. The technical certificate from SYSCOM is attached to this document. Kollsman, 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: Kollsman, Inc. is the sole designer, developer, and integrator for the Monocular, Stabilize. As a result, Kollsman, Inc. is uniquely qualified to provide the completed range of hardware required. Kollsman, Inc. is also the only known firm that possessed the technical data, drawings, and specifications necessary to fulfill the

Government’s requirements. Given the contractor’s involvement with the design, development, qualification, manufacturing, and continuing improvements of the items readily available to them, Kollsman, Inc. develops much of the technical data, material and manufacturing processes required to manufacture the item. The privately developed data, along with the corporate expertise are the sole property of Kollsman, Inc.

The use of the authority cited is based on:

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

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[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. As indicated above, LOGCOM and SYSCOM were asked to evaluate and provide an updated coding.

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

(X ) The acquisition was synopsized on February 15, 2019 to March 1, 2019.

( ) Manufacturers of similar products identified in the market research will be solicited.

( ) Dealers of the manufacturer will be solicited.

(X) Other (Explain): A Source Sought Notice (SSN) was posted to FedBizOpps from February

15, 2019 to February 22, 2019, with no responses received. Based on the technical certification that was provided by LOGCOM (Logistics Command) (see Attachment 2), SYSCOM (System Command) does not own the drawings for this monocular, stabilize, to allow for full and open competition to exist. The item needs to be procured from the sole source manufacturer, based on the tech data.

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

The current requirement is sole source to Kollsman, Inc. and will be solicited for 30 days. The requirement is for a quantity of (4) EA for NSN 6650-01-649-9529 for part number 48502420-1 for a total estimate of

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2,000,000.00. Other than certified cost and pricing data may be requested.

Since this is a first time buy the Government will seek to request an informal cost breakdown from any offerors to assist in deeming prices fair and reasonable along with looking for similar items so a price analysis can be performed. Similar items may be sought to assist in developing the targets/deeming the price fair and reasonable. DLA may utilize a strategy that includes reducing the offered price by and attempt to get a better price. In addition, if necessary, DLA Land and Maritime, Pricing Office may be sought to assist but may have limited success since this item is not managed by DLA.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. E-mailed a market survey to the OEM, Kollsman, Inc. from January 29, 2019 requesting a response by February 1, 2019. An e-mail was sent to Kollsman, Inc. on February 8, 2019 requesting information concerning the commerciality of the NSN and a responde was received on February 11. 2019. The purchase request was originally solicited under SAT and the quote received from Kollsman, Inc. is being used for market research information.

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

A market survey was conducted on/during: January 29, 2019 to February 1, 2019 Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Kollsman Inc.

Techniques used to conduct survey: Sources Sought Notice (SSN) and e-mail communication with a market survey attached.

Types of information requested: A Sources Sought notice was posted to FedBizOpps on February 15, 2019 with response due by February 22, 2019. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN in order to promote competition.

Sources not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery and OEM information.

Summary of information received: The sources sought closed without receiving any responses for vendors submitting a SAR. Market survey information was sought from the OEM, Kollsman, Inc., a large business manufacturer. Kollsman, Inc. responded to the Government’s request for market survey information stating this NSN has been bought by the USMC under contract number M67854-15-D-6001 but at much higher quantities since the contract is for the procurement of the end item. They indicated that this NSN not commercial, . Since this PR has been solicited under the SAT threshold, a quote has been received. Information from the quote is being used as market survey. Kollsman, Inc.

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

( X ) 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: (If none, so state) Kollsman/89944

11. To overcome barriers to competition before any subsequent acquisitions or recertification of class determination, this item is subject to the following methods of locating additional sources:

(X) The solicitation contains the DLAD Procurement Notes entitled: L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items.

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

(X) Other: The Marine Corps does not intend to procure the technical data necessary to promote competition. A SSN posted to FedBizOpps for 7 calendar days without receiving any responses for vendor submitting a SAR.

Attachments:

1. DLR Tech Data Certification

2. Trailer sheet

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

Contracting Office

614 692 4841 22 Feb 2019

SHEARER.MARY.E.12

50702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.03.08 10:47:51 -05'00'