COMPAD Signed-JA SPRBL1-24-R-0007 reviewed_Redacted.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

Controlled by: DLA Land and Maritime Controlled by: DLA Land Aberdeen - ZLAA

CUI Category: PROCURE Distribution/Dissemination Control: FED ONLY

POC: esha.guhaniyogi@dla mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI

[ X] ORIGINAL

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-24-R-0007

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. This Justification and Approval supports a solicitation using other than full and open competition procedures for the award of one five-year base period and no option period of Firm-Fixed-Price (FFP) line items on an Indefinite-Delivery, Indefinite-Quantity (IDIQ) Long-Term-Contract (LTC) for supplies and Cost- Plus-Fixed-Fee (CPFF) engineering software services in support of Army/Navy Piloted Aircraft/Visual and Visible Light/Receiving, Passive Detecting (AN/AVR-2B) (V)) Laser Detecting Sets (LDS).

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

BRIEF DESCRIPTION NSN PART

NUMBER

EST.

QUANTITY

EST. 5 YEAR

VALUE

AMSC

Housing, SU with window 2510015981459 L31-24000 25 4R Sensor Unit SU-130B 5860015118345 L31-20000 1,326 3R Comparator Unit, SCM 5865015142857 L31-30000 267 3R CCA, SU Detector Board (Bd.)

5998015556985 L31-22103 68 3R

CCA, SCM Processor Bd. 5998015557075 L31-35003 35 3R CCA, SCM Power Supply 5998015557083 L31-36003 35 3R CCA, SU Processor Board 5998015557243 L31-22204 21 3R CCA, SCM Connector Bd 5998015557358 L31-34003 25 3R CCA, SU Power Supply 6130015601699 SCD L31-

42 3R

CCA, SU Cable Harness 6150015564305 L31-32300 25 4R CCA, SCM Cable Harness 6150015564310 L31-23200 25 3R

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-24-R-0007

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI

[X ] AMC 4. Acquire, for the first time, directly from the actual manufacturer

Note that while NSNs 2510015981459 and 6150015564305 have an AMC of 4 in WebFLIS, per the Army Engineer, these NSNs should have an AMC of 3. These are not first time buys and the Army has requested the change on WebFLIS on September 26, 2023. Attachment 1 has documented communication where the Army Engineer recommends an AMC of 3.

The use of the authority cited is based on:

[ 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.

WebFLIS shows all part numbers as either having an AMC/AMSC of 3R or 4R. The CAGE for all Part Numbers referenced above is associated with 8LAC5, which is DMT. As mentioned above, the Government does not own the technical data to these items. Considering these limitations, DMT is the only source that possesses the manufacturing data and expertise to produce and repair these units in full accordance with the Army’s military performance specifications and quality standards.

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

[X] A Sources Sought Announcement (SSA) was posted on the System for Award Management (SAM) on May 26, 2022. The analysis of this market research survey was reported on June 01, 2022. The Market Survey was re-posted again on June 15, 2023. The purpose of re-posting was to update the results of Market Survey Report (MSR) dated June 01, 2022 and give notice that the U.S. Government intends to issue an award for a 5-year IDIQ with a maximum contract value of . The original SSA was also a 5-year IDIQ with a contract maximum value of

I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a cost analysis of certified cost and pricing data pursuant to FAR 15.403-4 and a price analysis.

Market Research/Efforts to Obtain Competition: A Sources Sought Notice was posted on June 15, 2023, via the website SAM.gov for both spares and software services and closed on June 29, 2023. The market research report indicated that techniques used consisted of reviewing acquisition history and Sources Sought/Request for Information. Only DMT responded to the SSA.

Additional market research consisted of emails, searching WebFLIS, Army i2Log, Haystack Gold, and the internet. The last procurement of these parts was on contract SPRBL1-19-D-0076 awarded to DMT (previously known as Goodrich Corporation, CAGE 8F963) on September 11, 2019, and expired on September 10, 2023. On June 30, 2023, the Contract Specialist asked DMT if they have any authorized resellers or if they sell the items to other businesses. DMT responded the same day stating that they are the only authorized manufacturer and seller of all the NSNs to be acquired, and they at times sell some of the items to other organizations, however they are for end use and not for purposes of re-selling. Internet searches did not provide any additional sources that manufacture and supply these items.

SOLICITATION SPRBL1-24-R-0007

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[X] A market survey was conducted on/during: May 26, 2022 & re-posted on June 15, 2023

Total number of vendors contacted: 1.

Names of vendors contacted and responding: 1.

Techniques used to conduct survey: Reviewing acquisition history, Request for Information (RFI), Sources Sought.

Types of information requested: Pricing and capability in meeting U.S. Government contract delivery requirement.

Summary of information received: DMT was the only vendor that responded to the RFI. In their response, DMT stated they have been in the Laser Warning business for 40 years. DMT’s Laser Warning family of systems has supported many integrations including aviation, ground vehicle, and sea-based platforms. As the OEM of the AN/AVR-2B system, they have a seasoned engineering staff that has supported the AN/AVR-2B through product development and qualification. They designed the test equipment for acceptance testing of laser warning equipment, supported field testing, troubleshooting, and have performed repair and integration. They have also demonstrated in their history of procuring the AN/AVR-2B their capability in meeting USG contracting delivery requirements.

Information received regarding the commerciality of the item(s): Previous acquisitions determined these items are not commercial. A non-commerciality determination was made and approved for SPRBL1-19-D-0076 on January 22, 2021, for the same items. A search of General Services Administration (GSA) Schedules revealed that none of the NSNs for this procurement are available under GSA Advantage. Additionally, the ILSC confirmed on September 22, 2023, that these NSNs are not commercial. On September 22, 2023, the Contract Specialist sent an inquiry to DMT to confirm whether the required NSNs are sold to the general public. On September 26, 2023, DMT confirmed that the items are not sold to the general public and primarily only sold to the US Government.

DMT also stated they sell these NSNs to approved foreign governments only with U.S. Government approval, and to other defense contractors with government end users.

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

[ X] Other:

a. From the procurement history, CECOM previously included these spare parts on the following contracts below. All the twelve (12) spares for AN/AVR-2B (V) LDS have delivery order history that has been priced on all of the contracts below.

W15P7T-07-D-W003 awarded 28 September 2007 to 20 September 2012 Goodrich Corporation, CAGE: 8F963 Space and Electro Optical Systems 100 Wooster Heights Danbury, CT 06810-7509

SPRBL1-13-D-0020 awarded 12 August 2013 to 12 August 2018 Goodrich Corporation, CAGE: 8F963 Space and Electro Optical Systems 100 Wooster Heights Danbury, CT 06810-7509

SOLICITATION SPRBL1-24-R-0007

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ X] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

Attachment(s):

Attachment 1: Army Technical Expert – AMC 3 Recommendation Attachment 2: SPRBL1-19-D-0076 Justification & Approval