Attachment 2. Limiting-Competition-under-SAT- Control #25-014.pdf

Control No: 25-014

Version – February 2017

X

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: 408th CSB, Theater Contracting Center- Southwest Asia (TCC-

SWA)

2. Description of Action: Tesla M777 Power Kit

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _12264819 Blanket Purchase Agreement (BPA) Number Order/BPA# against FSS Contract # Order # against Multiple Award IDIQ Contract Name or #

Order # against a single award IDC Contract

Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds:

FY:

Name of Proposed Contractor(s) and Address:

Tesla Industries, Inc.

Corporate Office 101 Centerpoint Blvd., New Castle, DE 19720

Brand Name Buy: Yes No

3. Description of Services or Supplies: Six (6) M777 Tesla 4.2 Series Power Kits.

Total value:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

Drew.P.Matter Cross-Out

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited: existence of limited rights in data, patent rights, copyrights, or secret processes make the supplies available from only one source.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 .

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research conducted determined that only Tesla Industries has the required products with the specifications necessary for safely and properly providing a power solution for the M777 Howitzer systems. The Tesla Power Kit, particularly the TI3000 GPU-24-UNV, provides a 3000 peak amp and 50 amps continuous at 28.5Vdc. The system operates and charges from Single Phase 100-260 Vac, 50/60 Hz and can recharge in 60 minutes and can provide 46 hours of emergency

X backup power when not connected to an ac power source. This is enabled by its ground power technology / dry cell which Tesla Industries is the sole manufacturer and/or supplier and maintains all propriety rights to the components.

8. Other Facts: The M777 Tesla Power Kits have been extensively used as the mobile power unit solutions for the M777 Lightweight Towed 155mm Howitzers in austere combat environments in Afghanistan and Iraq. The M777A2 was designed as a towed platform able to charge on the move. In the current configuration on firebases across the CJOA, the M777 is, and is likely to remain stationary. This requires the howitzer’s prime mover to provide constant power to the howitzer. The M777 Tesla Power Kit is specifically built to integrate with BAE Systems’ M777, eliminating the requirement to power the howitzer with its prime mover. The M777 Tesla Power Kits are recommended for use by the field service representatives (FSR) as a system that is safe to operate with the program of record.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: MAJ SCOTT SYLVESTER Date: 20250321 Title: TF GUARDIAN, S-8 OCS LNO

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Digitally signed by

X SYLVESTER.SCOTT.M.1289866520

Date: 2025.03.21 11:01:47 +03'00'

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Typed Name: Drew Matter Date: 21 March 2025 Title: Contracting

Signature:

X Right-Click "Signature Setup"