4.1 JA_CUI SPE7L422RX010_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L422RX010

Controlled by: DLA Land and Maritime Controlled by: [IPV Contracting Support Branch (FLSCB)]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: [michele.beasley@dla.mil]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[ 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 on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN ADQ ANNUAL DEMAND

VALUE

AMSC

Battery, Storage 6140-01-509-3743 169 3D

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

Identify end item, weapon system, or class of item: AIRCRAFE, HERCULES C-130

SOLICITATION SPE7L422RX010

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5 YEAR) VALUE (BASE + 2 ONE YEAR OPTION):

MAXIMUM CONTRACT VALUE:

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.

Brief narrative supporting the situation and weapon system:

AN/PLM-4 Radar Signal Simulator (RSS) The L3Harris AN/PLM-4 Radar Signal Simulator (RSS) is an advanced portable, cost-effective radar simulator that tests radar warning receivers, electronic surveillance measures and electronic countermeasures systems._____________________________________________________________________________________

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

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

_____L3 Harris Technologies, Inc. CAGE 91417 & Harris Corporation DBA EDO CAGE 1C2N9_____________

The use of the authority cited below:

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

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

Available from only one or a limited number of sources. At this time, there are two approved manufacturing sources: L3 Harris Technologies, Inc. (91417) P/N FT1003-1 and Harris Corporation DBA EDO (1C2N9) P/N FT1003-1. Both L3 Harris & Harris Corporation are Large Businesses.

The sources listed in the table below, confirmed by the DLA Land and Maritime Quality Product Specialist on November 2, 2021 (Joseph Selway) that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). In the Justification for Restricting Competition document, Mr. Selway stated the following: “I certify the accuracy of these NSN(s), the AMC/AMSC’s, and approved source(s) as identified in the J&A (if applicable) are valid and have no pending DLA Form 339’s.” Mr. Selway also confirmed All means to obtain a technical data package adequate for manufacture of the item have been exhausted. L3 Harris Technologies, Inc. (91417) & Harris Corporation DBA EDO (1C2N9) are the only sources that possess the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

SOLICITATION SPE7L422RX010

DLA Land & Maritime Justification for Other Than Full & Open Competition

Sources:

NSN Description Approved

CAGE

Company Name Approved Part

Number

6140015093743 Battery, Storage 91417 L3 Harris Technologies F1003-1

1C2N9 Harris

Corporation DBA

EDO

F1003-1

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

[ X ] The acquisition will be synopsized on FBO 15 days prior to the solicitations opening date and will be available on Fed Biz Ops while the solicitation is open instructing bidders where to find the solicitation which will be open 30 days via the DLA Internet Bid Board System (DIBBS). __________.

[ x ] Dealers of the manufacturers will be solicited.

[ x ] Other. (Explain)___Sources Sought notice discussed further under Paragraph. 8.___________________ .

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis.

Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable

8. Market Research/Efforts to Obtain Competition:

Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long-term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research was conducted to determine the commerciality of this item.

Market Research has indicated this is not commercial. The item is only available from the two approved sources as identified above. Multiple dealers have supplied this NSN in the past. After complete review of the evidence, including market research, previous procurements, and indication by the OEM, the contracting officer has made the determination that the NSN on this solicitation is non-commercial and will be solicited under FAR Part 15.

SOLICITATION SPE7L422RX010

DLA Land & Maritime Justification for Other Than Full & Open Competition

Procurement History:

A Sources Sought Notice was posted to www.betasam.gov on March 22, 2022 for this specific item. The posting remained open until March 29, 2022. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return.

Potential sources would be added to the solicitation mailing list. There were no interested parties as a result of this sources sought notice.

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

[ x ] A market survey was conducted on/during __March 22, 2022______.

Total number of vendors contacted: ___6 dealers.

Names of vendors contacted and responding:

o Names of Vendors Contacted:

• IBIDE (5FQP4) small business dealer.

• Linmarr (1GX03) small business dealer.

• Phoenix (4LF36) small business dealer

• Rev-Cap (0HS46) small business dealer

• Martin (1WZZ2) small business dealer

• Milpack (513V) small business dealer

Techniques used to conduct survey: __E-mailed correspondence and spreadsheet. ______________________.

Types of information requested: ___Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery and quantity sensitivity. ________________________.

Summary of information received: Name of vendor and summary of information Received:

Rev-Cap (0HS46) Small Business – In the market survey, Rev-Cap advised they are a dealer for this item. Rev-cap also advised this item has not been determined commercial and have no knowledge of a similar item sold in the commercial market place. Rev-cap advised they are interested in pursuing a three-year based, two option years IDC. Lastly, Rev-cap advised there is not a minimum buy for this item.

SOLICITATION SPE7L422RX010

DLA Land & Maritime Justification for Other Than Full & Open Competition

Rev-cap advised an estimated delivery of 180 days.

Martin Military (1WZZ2) Woman-owned Small Business – In the market survey, Martin advised they are a dealer for this item and a Woman-owned Small business concern. Martin also advised, to their knowledge, this item has not been determined commercial and have no knowledge of a similar item sold in the commercial market place. Martin advised they are interested in pursuing a three-year based, two option years IDC. Lastly, Martin advised there is not a minimum buy for this item and provided an estimated delivery of 180 days or sooner.

Information received regarding the commerciality of the item(s):

Commerciality:

The Product Specialist stated that this item is not Commercial or Commercial Of A Type.

When asked what the truly essential characteristics of this NSN item are, the Product Specialist stated the following: 14.4v Lithium. Characteristics of this material are limited.

When asked why no other commercial item can meet these essential requirements, the Product Specialist stated that this is unknown.

When asked when the last time the technical team researched availability of alternative options, the Product Specialist said that the last technical review for this NSN is unknown.

In regards to Brand Name or Equal specification based on salient characteristics readily available in the commercial marketplace, the Product Specialist stated that required characteristics are unknown.

In regards to how the NSN is different from other commercially available items e.g. unique characteristics to ensure the safe, dependable, and effective operation of military equipment (reliability/durability), weapon system coded, critical item of supply, the Product Specialist stated material characteristics are limited.

Due to information obtained from market surveys (Martin Military and Rev-Cap responses) and product specialist responses the contracting officer hereby determines this item to be “non-commercial”.

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

[ X ] Based upon the attached technical certification, 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.

SOLICITATION SPE7L422RX010

DLA Land & Maritime Justification for Other Than Full & Open Competition

[ x ] Other: (Explain)___ During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews._______.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Martin Military (1WZZ2) interested in this acquisition based on response in market survey.

Rev-Cap (0HS46) interested in this acquisition based on response in market survey.

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

[ x ] Solicitation contains DLA Procurement Note, L22 Offers for Part Numbered Items

12. Recent Procurement was under SAT and did not contain a J&A.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2022.04.28 08:19:33 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.05.18 13:58:44 -04'00'

SOLICITATION SPE7L422RX010

DLA Land & Maritime Justification for Other Than Full & Open Competition

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ x ] $750,000 to $15,000,000 Competition Advocate

Attachment(s):

#1 – Tech Referral Commercial inquiry #2 – Tech Certification.

Attachment # 1: Tech Referral Commercial Inquiry

..\Commercial Referral Questions Referral w. Response.pdf

Attachment #2 Tech Certification

..\Tech Cert CL21301002.pdf