J and A (SPE7M5-20-R-0011).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M5-20-R-0011

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

A Technical Referral was sent to the Product Specialist on 1/29/2020 to validate the AMC/AMSC codes and the approved sources. On 1/30/2020, the Product Specialist responded and verified the AMC/AMSC codes for this NSN of “3/D” and the sole approved source for this item of Harris Corp. DBA M/A Com (1PNR4) as accurate.

The Government has retained the right to approve manufacturing sources for this item due to its criticality, and Harris Corp. is the only source that has been approved to manufacture this item.

Further, adequate data for the evaluation of alternate offers is not available at the procurement agency. The offeror must provide a complete data package including data for the approved and alternate part for evaluation.

Currently, based on the lack of adequate data, only Harris Corp. DBA M/A Com (1PNR4) is uniquely qualified because it is the only known source with the data necessary to manufacture this item.

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

[X] The acquisition will be synopsized on or about 3/13/2020.

[X] Dealers of the manufacturers will be solicited.

[X] Other: Will be posted to the DLA Internet Bid Board System (DIBBS).

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

The most recent buy (SPE7M5-18-C-0040 dated 8/01/2018) for this item was with Adirondack Electronics, Inc.

(1A737) and it was determined fair and reasonable based on Contracting Officer analysis, negotiations, and comparison to historical prices paid, whether by the Government or other than the Government, for same or similar items and prior price is a valid basis for comparison as supported by prior file documents. The award Price Reasonableness Code (PRC) was coded “BG”.

Since the estimated maximum total is under $2,000,000.00, price analysis will be used. In performance of price comparison, learning curves and the Bureau of Labor Statistics PPIs will be applied to the main buy quantity to be bought and to each incremental pricing structured mid-point quantity (if applicable), allowing for time and quantity variances as compared to the most recent successful award price to establish minimum and maximum pricing. Other than cost and pricing data, along with the use of the resources available through the Pricing Office may be required (if applicable).

Negotiations procedures may be used pending on price analysis results and competition.

8. Market Research/Efforts to Obtain Competition:

Based on aforementioned, Harris Corp. DBA M/A Com (1PNR4) is the only approved source for this item that is to be acquired for the second or subsequent time, directly from the actual manufacturer and 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. A Market Research Survey was sent to the OEM, Harris Corp. (1PNR4), and to the last awardee, Adirondack Electronics, Inc. (1A737) to be completed and returned.

DLA Land & Maritime Justification for Other Than Full & Open Competition

In addition to the above, a “Sources Sought Notice” was posted on Beta.SAM to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential contractors to complete and returned.

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

[X] A market survey was conducted on/during 1/31/2020 and a “Sources Sought Notice” was posted on Beta.SAM on 1/31/2020 with a suspense date of 2/07/2020.

Total number of vendors contacted: 2

Names of vendors contacted and responding:

a) Harris Corp. DBA M/A Com (1PNR4) (Contractor did not respond.)

b) Adirondack Electronics, Inc. (1A737)

c) There were no responses to the “Sources Sought Notice” that was posted on Beta.SAM.

Techniques used to conduct survey:

a) Market Surveys was sent via e-mail out to the following approved source:

1) Harris Corp. DBA M/A Com (1PNR4)

b) A “Sources Sought Notice” was also posted on Beta.SAM to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential sources to complete and return.

Types of information requested:

a) A brief summary of information requested by the Market Research/Survey:

(1) Is your company interested in pursuing a Firm Fixed Price contract for this item?

(2) Your company size?

(3) Is your company a manufacturer or dealer of this item?

(4) Do you have a parent company?

(5) Is this a “commercial” item per FAR 2.101 (b)?

(6) Would you be willing to submit an offer on this item?

(7) Based on the estimated buy quantity, for budgetary purposes, what is the estimated unit price?

(8) What is the estimated delivery schedule for this item?

(9) Are there incremental quantity breaks for this item?

(10) Do you have a minimum order?

(11) Is FOB Origin acceptable?

(12) Is Inspection/Acceptance at Origin is acceptable?

(13) Do you currently have any active federal contracts and/or grants in excess of $10,000,000.00?

(14) For contracts estimated over $2,000,000.00, Cost or Pricing Data “may” be required per DFAR

252.215-7010. Is your company and your subcontractors (if applicable) capable of providing this data?

(15) Please list main and the secondary point of contract for procurement questions.

b) “Sources Sought Notice” contained general information pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist. A Market Research/Survey was also attached to the notice for potential sources to complete and return.

DLA Land & Maritime Justification for Other Than Full & Open Competition

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

a) Adirondack Electronics, Inc. (1A737)

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

[X] Solicitation contains DLAD Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Number Items.

[X] Other: Being posted on Beta.SAM.gov and the DLA Internet Bid Board System (DIBBS).

12. In compliance with DFARS PGI 206.303-2(B):

A review of procurement history in IHS Haystack Gold, along with Records Management indicates that subject NSN was procured an estimated fifteen (15) separate times dating back 2016. A review of these awards indicated that the last “large” procurement was SPE7M5-18-C-0040 (RFP SPE7M1-18-R-0008) dated 8/01/2018. A review of this award does indicate that a large buy contract was issued and that a Justification for Other Than Full and Open Competition (J&A) was completed and approved by CompAd. See Attachment #1.

DLA Land & Maritime Justification for Other Than Full & Open Competition

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M5-20-R-0011

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. This J&A has an estimated PR value (343 each) , with an estimated value at the top price break (600 each) of

Date

Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

ATTACHMENTS

#1 – J&A (SPE7M1-18-R-0008)

PITMAN.ROY.V.1013920261

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2020.03.12 09:21:19 -04'00'

SHEARER.MARY.E.125070

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.03.12 11:16:40 -04'00'