SPE7LX19RX018 - J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-19-R-X018

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

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. This solicitation is for an Indefinite Quantity, Fixed Price contract with annual percentage price increase or one five-year contract term. The award will be made on an ALL OR NONE per NSN basis for one NSN for supplies covered under this contract. This procurement will be solicited unrestricted. This will be a 5-base year Long Term Contract (LTC). FAR Subpart 13.5 procedures are being used pursuant to 41 U.S.C. 1901. See FAR 13.501(a)(1)(ii).

3. The supplies required to meet the using activity's need described as follows:

BRIEF DESCRIPTION NSN/PN QUANTITY EST. ADV AMC/AMSC

Amplifier, Radio Frequency 5996-01-576-0774 _23 3 / C_

Identify end items, weapon systems, or class of items:

MRAP BAE RG33 AUV (SOCOM), and

MRAP BAE RG33 SV (SOCOM)

The SAPD Product Specialist of record, confirmed the AMS/AMSC codes, the weapon systems on 11/19/2018. Also, on the same day the Integrated Data Sheet (IDS) was check for the weapon system codes.

This NSN is a critical application item with the Weapon System Indicator Code (WSIC) “1” and the Weapon System Essentiality Code (WSEC) “J”. The meaning for these codes are as follows:

WSEC “1” Failure renders end item inoperable.

WSIC “J” Reduction in effectiveness of end item

ESTIMATED 5-YEAR BASE

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.

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

NSN ITEM NAME SUPPLIER CAGE PART NUMBER

5996-01-576-0774 Amplifier, Radio

Frequency Tactical Support Equipment, Inc. (TSE) 1PND8 TSE-RAMP-25

This NSN is assigned to the MRAP RG33 weapon system. The AMSC on this NSN is “C” Contracting from approved source. With an AMC code of “3” acquire directly from the manufacture. The item is for replacement parts to the higher level assembly (MRAP) for mission operability in a combat zone. Alternate offer will be accepted. However, will not be utilized for this buy. Alternate offer’s will be instructed to submit a SAR Source Approval Request for their product which would be sent to the ESA for evaluation and either rejected or accepted.

6. The use of the authority cited is based on:

( X ) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

(The following are the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

[ X ] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

Tactical Support Equipment, Inc. (1PND8) is the only source currently approved by the design control activity to supply this item because this supplier is the only source known to possess the technical data needed to manufacture this item to the required quality standards. The acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302

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

a. The acquisition shall be synopsized on about 05/18/2019 for a period of 15 days.

b. At the conclusion of the synopsized period, the solicitation will be posted to the DLA Internet Bid Board System (DIBBS) for a period of 30 days.

8. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

The contracting officer has determined that this item is commercial. In accordance with FAR 15.403-1(b)(3), certified cost and pricing clauses are not incorporated into this solicitation. A price analysis will be conducted using commercial market pricing, historical government pricing, GSA Advantage pricing, the Producer Price Index (PPI) and learning curve analysis. Other than cost or pricing data will be requested if needed.

A search of past buys for this NSN show that only one source, Tactical Support Equipment, Inc.

submitted either a quote or proposal. Currently, no alternate proposals have been received.

9. Market Research/Efforts to Obtain Competition: The results of the market surveys are detailed below. A Sources Sought notice was posted to the FedBizOpps website on 05/06/2019 with a response date 05/13/2019.

On 11/20/2017 Tricom Research Inc., responded to the Sources Sought request. Tricom is a woman-owned small business that makes a similar item for other services. The Product Specialist, , prepared the AO-SAR Vendor Guidance to be sent to Tricom. He advised this supplier to submit their SAR package to DSCC for consideration for future procurements. Tricom Research Inc. (4ZLC6) is located in Irvine, California. Tricom will be made aware of the posting of this solicitation.

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

A market survey was conducted during 10/31/2017 to 03/08/2019.

Techniques used to conduct survey: Initially a Market Survey Package was emailed to the single source supplier and later this supplier was contacted directly by a telephone call.

Types of information requested:

Is there a Published Catalogs/Price Listed?

Is the company willing to do a Long Term Contract?

Can the company hold their prices for the Base Period?

Does the company prefer Economic Price Adjustment (EPA based on the Producer Price

Index (PPI)?

What are the components/raw materials primary drivers in pricing the items?

What is the industry standard contract term for long-term agreements/contracts for these items and/or the raw material?

If required, is the contractor capable of preparing certified Cost and Pricing Data?

Does the company require a Minimum Dollar Amount? and Will a higher Guaranteed Minimum percentage affect the contractor’s pricing?

The single source supplier responded to the market survey:

Tactical Support Equipment, (TSE) Inc. (1PND8), is a Service Disable Veteran Owned Small Business (SDVOSB) concern. There are no distributors and

TSE is willing to do a LTC. TSE stated their item is on GSA contract and this item is commercial.

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

An old redacted invoice dated 2011 was provided by TSE as their proof this is a commercial item. TSE does not have any current invoices.

This Amplifier is commercially available through GSA contract GS-35F-01039T

Price listed at a unit price of $6,750. The differences for this Amplifier is in support of the MRAP vehicle that requires a higher level of operability to amplify all commercial frequency bands as well as frequency used by the United States Military and other government entities. It does not contain band pass filters that would limit it to only military authorized frequencies. This amplifier is designed as such so that any user needing signal amplification in the 30 to 512 MHz spectrum could use it.

The commercial off the shelf application is sold with a cigarette lighter power cable and or operates off 12volts DC. MRAP has no cigarette lighter power cable and operates strictly off 24volts DC power.

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

Based upon the technical certification on file in DLA Land and Maritime-VEP 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.

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

Tactical Support Equipment, Inc. (TSE) (1PNC8).

12. To overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

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

13. Previous procurement for this item is SPE7LX-14-D-0074. This contract does not have a previous written J&A.

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

Date

Contracting Officer

Approval/Certification

I have reviewed and approve this justification.

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

(X ) $700,000 to $13,500,000 Competition Advocate

Attachments: 1. NSN Data Pull

11/04/2019

HOPSON.LILLI.A.1230127

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2019.11.07 09:49:05 -05'00'

MATZ.RICHARD.JAM

ES.1080066615

Digitally signed by

MATZ.RICHARD.JAMES.1080066615

Date: 2019.11.04 17:54:56 -05'00'