A11 - JA Signed - SPRBL1-23-R-0020_Redacted for posting (1).pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [ZSOLICITATION_NUMBER]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

CUI

Brief narrative supporting the situation and weapon system:

The Warfighter Information Network-Tactical (WIN-T) is an extensive tailorable suite of integrated tactical network communication with network/cyber management capabilities to support the Army’s complex, Joint, Coalition, and Civil missions worldwide. WIN-T is a tactical communications backbone that enables mission command and secure reliable voice, video, and data communications. WIN-T is composed of four systems:

WIN-T Increment 1 (WIN-T INC 1), WIN-T INC 2, Tactical Cyber and Network Operations, and Satellite Communications. WIN-T INC 2 is also known as Tactical Network Transport On-The-Move (OTM).

The NSNs included on this acquisition support the OTM system. OTM provides full range of data, voice and video communications to battalion and above echelons using satellite and line-of-sight communications nodes that set up at-the-quick-halt to successfully meet operational requirements. OTM is used extensively in support of vital Army missions . The hardware procurement supported by the resultant contract will assist in maintaining a minimum requirement of 90% stock availability and 85% readiness, ultimately ensuring that the field is supported and systems are fully mission capable.

[ ] 10 U.S.C. 3204(a)(2) - Urgency.

Brief narrative supporting the situation and weapon system:

[ ] 10 U.S.C 3204(c) - _____________________________________________________________.

Brief narrative supporting the situation and weapon system:

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

The only known manufacturing source of supply for the hardware items described in Table 1 is L3 Technologies, Inc. (hereinafter, L3), (CAGE 82152), 200 W Los Angeles AVE Simi Valley, California, 93065- 1650. L3 is the Original Equipment Manufacturer (OEM). The Government did not purchase or acquire the rights in data and design, or a Technical Data Package (TDP) for the OTM components. The major electrical components include manufacturer proprietary information and could not reasonably be duplicated by another source without a TDP. The only technical data in the Government’s possession is Electronic Data for Provisioning, which is only dimensional data (size and weight). The Government has limited access to functional data for the Line Replaceable Units (LRUs) or components comprising OTM. Because the Government does not have the required technical data or know the specific technical functionality of the items, the Government cannot consider similar products, assuming any exist. Any potential equivalent would not be “plug and play,” and would require costly configuration and integration modifications. Furthermore, since the Government does not have any LRU or component test specifications to compare potential, similar alternatives other than brand name, the Government is limited to purchasing the items listed in Table 1, which are the NSNs for procurement from the specified OEM. The form, fit, and function of alternate items cannot be assessed

SOLICITATION [ZSOLICITATION_NUMBER]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

CUI

without a complete TDP. Purchasing the required TDP for all items would be in the hundreds of millions of dollars based on similar program estimates.

For a reverse-engineer process, any alternate items considered would require that a trade study be completed to determine potential impacts to system performance, requirements, interfaces, interoperability, and life cycle costs. The replacement of one angle bracket, for example, may not be a severe component change; however, this change would require updates to documentation, studies, testing and retrofits to existing systems. After trade studies and initial testing, the equipment would have to be integrated into the baseline. This new baseline system would then undergo extensive development to include production of supporting parts, cables, test equipment, and software development. The new baseline would also undergo extensive testing to include production of test plan(s), test procedure(s), configuration audits, integration testing, dry-runs, and formal tests.

All the extensive development, testing and integration of alternative equipment would add significant time and cost to the current program. Furthermore, no current long-term contract exists. OTM cannot afford an even slight time increase without causing significant supply shortages to the Soldier and causing readiness issues.

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 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.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

[X] AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary)

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

[X] The acquisition will be synopsized on or about July 1, 2023.

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

[ ] Dealers of the manufacturers will be solicited.

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

SOLICITATION [ZSOLICITATION_NUMBER]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

CUI

[X] Other. On 13 October 2022, a Sources Sought Announcement (SSA) was posted on beta.SAM.gov for fourteen (14) days. One response was received from the OEM.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Per FAR 15.404- 1(b), price analysis will be used to evaluate pricing. These items were determined commercial. Per FAR 15.403- 1(b)(3), the commerciality of the items makes this exempt from the requirement for certified cost or pricing data. Comparison to historical pricing of same or similar items, data other than certified cost or pricing data (if necessary), and any other means allowed by regulation, will serve as the basis for determining that the proposed pricing is fair and reasonable.

7. Market Research/Efforts to Obtain Competition:

A SSA was posted on beta.SAM.gov from 13 October 2022 to 28 October 2022 by the U.S. Army Communications–Electronics Command (CECOM). The SSA listed multiple NSNs and discussed the requirement for new procurement and remanufacture of the items.

One vendor responded to the SSA on 27 October 2022: L3 Technologies, Inc. (CAGE: 82152). L3 Technologies, as the OEM for these LRUs, is the only known source of supply for the manufacture of these NSNs.

There are no known applicable socio-economic factors or any trade, legal, or political developments that affect the market. The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competitive.

There were no additional vendors found during the market research other than L3 Technologies, Inc.

Consequently, per FAR 6.302-1, L3 Technologies, Inc. is the only source of supply for this acquisition and no other source will satisfy the Government’s requirement.

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

[X] Other: The Government does not own the TDP to manufacture these items. Based on extensive market research, one cannot compare the form, fit, functionality of one item to another without a complete TDP.

Purchasing the required TDP for all items would be more costly for the Government than purchasing the required items from the OEM based on similar program estimates. L3 Technologies is determined to be the only source of supply that can meet the Government’s requirements.

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

L3 Technologies, Inc., 200 West Los Angeles, Simi Valley, CA 93065

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

[X] Solicitation will contain DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation will contain DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items