SPRBL119R0036_-_SPRBL119D0068_Redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION ZL0148

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land at Aberdeen, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN / P/N QUANTITY EST. VALUE AMC/AMSC

100kW Alternating Current Generator 6115-01-520-6411 /

431PSL6309

BEQ:

Y1: 3 Y2: 3 Y3: 3 Y4: 3 Y5: 3

3B

*If too numerous, attach list of NSNs and AMSC codes

Identify end item, weapon system, or class of item:

This item is in support of the 100 kW Tactical Quiet Generator Set, 50/60 Hz MEP-807A/PU-807A, designed to meet military applications for the TQG. The generator is a brushless, single bearing, rotating rectifier generator. It is close-coupled to the engine via flexible drive disks. Each generator consists of five major components: main stator (armature), main rotor (field), exciter stator (field), exciter rotor (armature), and rotating rectifier assembly.

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING

N/A

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.

[ ] 10 U.S.C. 2304(c)(2) - Urgency.

[ ] 10 U.S.C. 2304(c) - _____________________________________________________________.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Marathon Electric Manufacturing Corporation (CAGE: 38151) owns the technical data required to manufacture this item. The Government does not own the technical data necessary to manufacture this item. The Government only possesses a Source Control Drawing, naming Marathon Electric Manufacturing Corporation (CAGE: 38151) as the only source of supply for this item. The manufacturer does not sell directly to the Government, but uses distributors. There may be competition among distributors; however, Marathon is the only manufacturer for this item.

The use of the authority cited below:

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

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 are:

[ X ] The acquisition will be synopsized on or about February 13, 2019

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ ] Other. (Explain)__________________________________________________________________ .

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

As the Contracting Officer, I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on the use of some combination of cost/price analysis, or a comparison of proposed prices with an Independent Government Estimate. In accordance with FAR 15.403-1(c)(1), certified cost or pricing data is not required when the contracting officer determines that prices agreed upon are based on adequate price competition.

If appropriate, the Contracting Officer will request other than certified cost or pricing data to support a fair and reasonable price determination. This contract is anticipated to be a 5-year, Firm-Fixed-Price contract with a BEQ of 15 each over the life of the contract.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results:

A formal market survey was conducted through FedBizOpps (FBO) in November 2018. However, this did not receive any responses. The Engineer spoke with the manufacturer, Marathon Electric, in February 2019 and learned that they will not respond to FBO Notifications, however Request for Quotes sent directly to Marathon will receive a quote in return. According to Marathon there are 12 possible distributors. While these distributors did not respond to the market survey, two distributors quoted on a previous contract. A spot-buy for this part was awarded in February 2019 and two quotes were received, DRS Network & Imaging and Melton Sales and Services.

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

[ X ] A market survey was conducted on/during 11/30/2018 formally through FBO, and again February 2019 informally by phone.

Total number of vendors contacted: 1.

Names of vendors contacted and responding: Marathon Electronics Corporation. DRS and Melton Sales did not reply to the market survey, however both quoted a spot-buy acquisition for this same part that was awarded February 2019.

Techniques used to conduct survey: FBO Survey Posting as well as phone call.

Types of information requested: Contractor summary, contact information, past performance, qualifications, experience, and capability in meeting Government’s required delivery schedule.

Summary of information received: No responses received from formal market survey.

Information received regarding the commerciality of the item(s): This item is non-commercial.

[ ] A market survey was not conducted due to the unusual and compelling urgency of the requirement.

[ ] A market survey was not conducted due to: ____________________________________________

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.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ X ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ X ] Other:

Procurement History: The Government previously procured the required NSN under contract SPRBL1-18-P-0020.

The requirement was solicited as a sole source item, and was awarded to DRS Network & Imaging Systems, LLC.

The Government awarded the required NSN as a Spot-Buy using Simplified Acquisition Procedures in accordance with FAR Part 13 through contracts SPRBL1-19-P-0021 and SPRBL1-18-P-0020. These requirements were also solicited as a sole source item and awarded to Melton Sales & Service and DRS Network & Imaging Systems LLC respectively. DLA land at Aberdeen issued contract SPRBL1-13-D-0022 using Simplified Acquisition Procedures as an Indefinite-Delivery Purchase Order. No data was found on contract W15P7T-10-D-F009 based on a review of the Procurement Contract Folder (PCF) .

Additional procurement history is included in the table below:

Contract Number Award Date Contractor Competitive / Sole Source SPRBL1-19-P-0021 12 February 2019 Melton Sales & Service Sole Source SPRBL1-18-P-0020 15 March 2018 DRS Network & Imaging

Systems, LLC Sole Source

SPRBL1-13-D-0022 23 September 2013 DRS Consolidated Controls, Inc

Sole Source

W15P7T-10-D-F009 FY 2010 DRS Consolidated Controls, Inc

Sole Source

10. A listing of sources, if any, indicating an interest in the acquisition is:

1. DRS Network & Imaging Systems, LLC. CAGE: 32865

2. Melton Sales & Service. CAGE: 4X8W5

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)____________________________________________________________________________________

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

Date: 2019.05.14 10:09:53 -04'00'

Date: 2019.05.14 14:15:38 -04'00'

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

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

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)