SPRBL120Q0011_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-Q-0011

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 and Maritime, 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 ANNUAL EST. QUANTITY AMSC

Power Supply 6130015654895/NG2602-T 32 units 3Q

Identify end item, weapon system, or class of item: The Power Supply, P/N: NG2602-T, NSN: 6130-01-565-4895 is used in the AN/TSQ-232 family of Command Post Platforms (CPPs). AN/TSQ-232 (V) CPPs are mobile command posts, which contain various configurations of communications equipment. Critical pieces of CPP communications equipment run on 28 Volt Direct Current (VDC) power; however, primary external power for the CPP is supplied as 208 Volt Alternating Current (VAC). The NG2602-T power supply converts externally supplied 208 VAC into usable 28 VDC for the internal communications equipment. Proper function of the NG2602-T power supply is therefore critical to effective operation of the AN/TSQ-232 family of Command Post Platforms throughout the Army. The power supply is a ruggedized Military Commercial off the Shelf (COTS) item.

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] 41 U.S.C. 1901(e) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Aegis Power Systems, INC, CAGE: 06ES8

Brief narrative supporting the situation and weapon system:

This Justification and Approval (J&A) supports a solicitation using other than full and open competition procedures for five (5) years on a Firm-Fixed Price (FFP), Indefinite-Delivery, Indefinite-Quantity (IDIQ) type contract for the Power Supply using FAR 13.5 procedures. The national stock number for this commercial part is 6130-01-565-4895 and the part number is NG2602-T. The Power Supply supports the Command Post Platform (CPP). The CPP is a lightweight, transportable shelter that supports various configurations and installation layouts for tactical Command, Control, Communication, and Intelligence (C3I) equipment.

The original equipment manufacturer (OEM) is Aegis, a Woman Owned Small Business (WOSB) located at 805 Greenlawn Road, Murphy, NC 28906. Aegis is the only known source that manufactures the part and controls the complete data rights. This spare is a three phase (3 phase) power supply used in a variety of applications including shipboard, aircraft, unmanned systems, data centers, mobile towers, and mobile field operations electronics. On June 7, 2019, the Contract Specialist asked Aegis via email if they would sell the complete data rights and TDP to the Government. Ms Vaughn of Aegis responded stating they were interested in selling the full TDP and provided a quote on June 20, 2019. The Communications Systems Branch, C3A Division C5ISR Center, Product Realization Systems Engineer reviewed the quote, conducted research and developed a Business Case Analysis. The Engineer submitted documentation stating an organic cost to procure the TDP is estimated at $12,787,050 and the determination not to buy the TDP at this time.

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 Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, re-procurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

At this time the Government has no plans to reverse engineer this COTS part.

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

[X] The acquisition will be publicized as a combined synopsis and solicitation on Federal Business Opportunities (FBO) in accordance with FAR 5.203(a)(2). The standards set forth at FAR 5.207(c)(16)(ii) will be included in the posting to instruct other interested sources on establishing capability.

7. The Contracting Officer: I hereby determine that the anticipated cost to the Government will be fair and reasonable based on analysis pursuant to FAR 15.402(a)(2) and price analysis.

8. Market Research/Efforts to Obtain Competition:

In accordance with FAR Part 10, market research for this part has been ongoing since April 9, 2019. The market research consisted of phone calls, postings to Federal Business Opportunities (FBO), emails, and searching the following databases: WebFLIS, Army i2Log, Haystack Gold, SPRS and the internet. A Sources Sought Announcement (SSA) was posted to FBO May 24, 2019 to identify additional sources of supply for the Power Supply with responses due June 7, 2019. Two responses were received for this notice. The OEM, Aegis (06ES8) stated their interest in this acquisition. The other response was received from Bitrode Corporation, CAGE 1RZW1 stating the power supply “is well within the technology of our engineering team and current product line.”

Bitrode further stated they have not made the part and is seeking to reverse engineer. After several phone conferences were held with Bitrode, the specialist determined they required much more detail than the Government could provide for them to manufacture the part. Bitrode was given instructions to submit an Alternate Offeror/Source Approval Request (SAR) package, however they have not provided a package to date.

Searches of WebFLIS, Suppliers Performance Risk System and i2Log shows this part has been purchased from Aegis since 2012. Internet searches shows multiple small businesses are distributors for the Aegis part. The following four distributors responded to the request for quotes on the previous buy in May 2019, all supplying the Aegis part:

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

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)

Date: 2019.11.27 07:30:02 -05'00'

Date: 2019.11.27 11:42:54 -05'00'