E01 JA Redacted.pdf

Control Number: JA-21-Toby-274 Contractor: Herley Industries, Inc.

Program/Equipment: Diplexer Assemblies for the Radar Warning System

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: Army Contracting Command Aberdeen Proving Ground Tobyhanna Division

ATTN: CCAP-CCT

11 Hap Arnold Boulevard Tobyhanna, PA 18466-5100

2. Description of Action: TYAD requests approval for a new firm-fixed-price supply contract with Herley Industries, Inc., 10 Sonar Drive, Woburn, MA 01801-5704. Army Working Capital Funds will be used. The Government projects award in August 2021.

An acquisition plan is not required at this dollar threshold IAW DFARS 207.103(d)(i)(B).

3. Description of Supplies/Services: This requirement is for a quantity of 36 Diplexer Assemblies with an option for an additional quantity of 18 Diplexer Assemblies within one year of contract award. Delivery requirements will be established at time of award.

The Diplexer Assemblies are special purpose microwave devices for airborne missile countermeasure used in AN/APR-39B(V)2 RWS. The RWS is mission critical equipment used by the Marine Corps Aviation program on the Marine Corps Bell AH-1Z Viper helicopter, Bell UH-1Y Venom helicopter, Bell Boeing MV-22 Osprey aircraft and Lockheed Martin KC-130 aircraft. The RWS is used to detect and identify radar guided anti-aircraft systems and warn the pilot of their location and lethality. TYAD requires the Diplexer Assemblies to repair the AN/APR-39B(V)2 RWS for the Marine Corps Aviation program. The estimated total value, including the option for an additional quantity is

4. Authority Cited: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed source for this action is Herley Industries, Inc., formally known as Herley New England, 10 Sonar Drive, Woburn, MA 01801-5704. Herley Industries Inc. is the original equipment manufacturer of the Diplexer Assemblies and owns the propriety data, design details, parts list, and the specific procedures required to manufacture and fault diagnose and test the Diplexer Assemblies. Herley Industries, Inc. is the only contractor capable of maintaining configuration management on all software and hardware for the Diplexer Assemblies.

Due to the classified nature of the Diplexer Assemblies, duplication or redesign of the Diplexer Assembly hardware and software components would require research and development funds that are not available to TYAD, who is performing repair

Control Number: JA-21-Toby-274 Contractor: Herley Industries, Inc.

Program/Equipment: Diplexer Assemblies for the Radar Warning System

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

b. Subcontracting competition. The solicitation and subsequent contract will contain the FAR clauses 52.219-8, Utilization of Small Business Concerns and FAR 52.244-5, Competition in Subcontracting. A Small and Small Disadvantaged Business Subcontracting Plan will be negotiated which meet all FAR, DFARS, and AFARS requirements. Negotiations will be conducted to ensure as much competition is achieved as possible during any subcontracting efforts proposed by Herley Industries, Inc.

7. Actions to Increase Competition: There are currently no equivalent parts available that meet the existing requirement for the Diplexer Assemblies. Market research will continue to be conducted by TYAD Directorate of Production Engineering technical experts to determine if other solutions and capabilities can be identified, or if new parts have come to market. If other potential sources are identified, every effort will be made to compete it to the maximum extent practicable.

8. Market Research: Market Research was conducted in accordance with FAR 10.002 during the period of September 2020 through January 2021 by TYAD technical experts from the Directorate of Production Engineering and ACC-APG, Tobyhanna Division.

TYAD technical experts performed market research through internet searches and no other sources could be found that have manufactured and qualified a product to substitute the Diplexer Assemblies for the AN/APR-39B(V)2 RWS. Market research could not identify any additional sources that could provide the Diplexer Assemblies.

On 20 April 2021, the Contract Specialist posted a SSA to https://beta.SAM.gov for a period of 10 days with the intent to sole source the Diplexer Assemblies. Interested firms were requested to respond to the Government and submit a capability statement for the required Diplexer Assemblies. The SSA did not reveal any other manufacturers, other than Herley Industries, Inc., that could provide the Diplexer Assemblies that meet the Government’s requirement. Therefore, it was concluded that Herley Industries, Inc.

is the only source that can provide the Diplexer Assemblies required for repairs in the AN/APR-39B(V)2 RWS. Market research did not identify any other sources beyond Herley Industries, Inc. that can meet the Government’s requirement.

9. Interested Sources: Herley Industries, Inc. is the only known source capable of supplying the Diplexer Assemblies to TYAD and expressed interest by responding to the SSA. To date, no other sources have written to express interest in the acquisition.

Currently, there have not been any public requests made for this acquisition. See paragraph 6 above for the synopsis information.

10. Other Facts:

a. Procurement history.