J_A SPE7MX21R0085.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX21R0085

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 determined commercial, for a firm-fixed-price Indefinite Quantity Contract (IQC) on other than a full and open competition basis. This is necessary because the Government lacks complete technical data required to manufacture the supplies.

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

ITEM NSN Item Name ADQ Standard Price

Estimated

ADV UNIT AMC AMSC

1 5985014493240 ANTENNA 223 EA 1 C

ESTIMATED BASE (3 YEAR) VALUE:

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

MAXIMUM CONTRACT VALUE:

The item is used on the following Weapon System Designator Code (WSDC) platforms:

NSN WSDC LONG_NAME

5985014493240 5DA AN/PSC-5D,MBMMR,MULTI-BAND/MULTI-MISSION COMMUNICATIONS

TERM

5985014493240 HVA RAM WARN (C-RAM)

5985014493240 MKA CENTER, COMMUNICATIONS OPERATIONS

5985014493240 MTF AN/TRC-214 RRSVS RADIO UNIT

5985014493240 Q6A AN/PRC-117G FAMILY OF RADIO SYSTEMS

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) -available from only one or a limited number of sources. At this time, there are only two approved manufacturing sources for the NSN item:

NSN ITEM CAGE CAGE NAME PART NUMBER

5985014493240 ANTENNA 60188 COBHAM TRIVEC-AVANT INC. AV2011

5985014493240 ANTENNA 23360 ANTENNA RESEARCH ASSOCIATES, A3332807

5985014493240 ANTENNA 23360 ANTENNA RESEARCH ASSOCIATES, ARA-3240-HC

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN, which was confirmed as complete and accurate by the Strategic Acquisitions Program Directorate (SAPD) Product Specialist on 10/6/2020 during the technical review of the NSN for placement on this long-term contract initiative.

AMC 1: Suitable for competitive acquisition for the second or subsequent time.

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.

5. The sources listed in the table above in paragraph 4, confirmed by the SAPD Product Specialist 10/6/2020 during the technical review of the NSN for placement on this long-term contract initiative, are currently the only sources with the necessary qualifications, ability, and approval to manufacture the item. The listed sources 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.

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

The acquisition will be synopsized at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS.

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

Adequate price competition is expected and a price analysis will also 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:

A Sources Sought Notice was posted 2/23/2021 for seven days to beta.SAM.gov. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the items 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. No responses were received.

Market Surveys were sent to the two manufacturing sources listed above in paragraph four, and to a dealer appearing in the procurement history: small business Communications Professionals, Inc. CAGE 1U4Q7. All three responded with interest in offering long-term contract support for the item, a summary of the responses are as follows:

1U4Q7 Communications Professionals, Inc./ / 10/7/2020

- Small disadvantaged business dealer for 60188 Cobham

- Item is commercial

60188 Cobham Trivec-Avant, Inc./ / 10/9/2020

- Large business manufacturer

23360 Antenna Research Associates, Inc. (ARA)/ / 2/28/2021

- Small business manufacturer

Additional research was also conducted by the acquisition specialist as indicated in the bullets below.

Followed up with both manufacturers requesting information to substantiate their claims of commerciality on market survey responses. Both contractors provided commercial invoices showing sales of the item to non-government commercial entities, and both contractors stated their item is on a GSA contract.

Researched item on-line via the internet for commercial availability. Both contractors’ parts were found on commercial web-sites as available for sale with a request for quote. The Cobham part was found for sale on a commercial web-site with a listed price of $5372.00. The NSN item was found on the GSA Advantage website for Coham’s part number under contract GS-35F-0033N (ends: Oct 15, 2022), and Antenna Research Associates’ part number under contract GS-07F- 0387Y (ends: Apr 29, 2022).

Reviewed previous procurements of the item for acquisition method and any commerciality determinations: the NSN item was previously awarded on DLA Land and Maritime long-term contract SPE7MX14D0004, under which the Contracting Officer had determined the NSN to be a commercial item. The contract expired in 2018 and procurements since its expiration have been small purchases under SAT.

Based on the above research, there is sufficient information to indicate the subject NSN item meets the commercial item definition of FAR 2.101 and the contracting officer has determined the item to be commercial.

9. 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.

During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and the Strategic Acquisition Programs Directorate (SAPD) Product Specialist for review; no additional sources were identified during those reviews and all means to obtain a technical data package adequate for manufacture of the items have been exhausted.

10. A listing of sources, if any, indicating an interest in the acquisition are: 1U4Q7 Communications Professionals, Inc.; 60188 Cobham Trivec-Avant, Inc.; and 23360 Antenna Research Associates, Inc.

11. These items are subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

The solicitation will contain DLAD Procurement Notes: L04-Offers for Part Numbered Items and M06-Evaluation of Offers for Part Numbered Items. Offers for alternate products may be submitted in response to the solicitation and may be considered for the current or future procurements.

Forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime

Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

12. Recent procurements of the items were conducted under SAT procedures and did not require justification for other than full and open competition.

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

Contracting Officer Signature & Date

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

Competition Advocate Signature & Date

APPROVAL REQUIREMENTS:

( ) Up to $750,000 Contracting Officer

(X ) $750,000 to $15,000,000 Competition Advocate

Attachments:

1. Technical Certification

4/2/2021

SHEARER.MARY.E

.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.04.21 11:58:22 -04'00'