JA 15008 Updated (IR Illuminator)_KO Signed.pdf

ANNEX 1 – JUSTIFICATION AND APPROVAL FOR USE OF

OTHER THAN FULL AND OPEN COMPETITION

J&A No. 15008

1. Contracting Activity.

Marine Corps Logistics Command (MARCORLOGCOM), Contracts Department, Albany, GA.

2. Description of the Action Being Approved.

This is a Justification & Approval (J&A) for the use of other than full and open competition due to the items being only available through one responsible source. The approval of this justification will result in a Firm-Fixed-Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract.

3. Description of Supplies/Services.

Weapons System Management Center has requested the procurement of remanufactured Advanced Target Pointer Illuminator Aiming Light (ATPIAL), AN/PEQ-15. The National Stock Number (NSN) 5855-01-577-7174, Item Designator Number (IDN) 10470C, TAMCN E1798 (Tan) and NSN 5855-01-534-5931, IDN 10470B, TAMCN E1798 (Black). The remanufactured items will be completed per the Original Equipment Manufacturer (OEM) specifications and parts. All Beyond Economical Repair (BER) assets will be at no cost to the Government, and replacement assets will be provided to the vendor. Additionally, the items will be delivered in operational/serviceable like-new compatible form, fit, and function. The Sole Source Provider for these items is L3 Technologies, Inc. (Cage Code 0B107).

The estimated dollar value covered under this J&A is $2.98 M, which will be funded with

Operation and Maintenance, Marine Corps (O&MMC) Funds, as shown in Table 1 below. This will be a five-year ordering period IDIQ contract with a yearly minimum quantity of 400 and maximum quantity of 1,020.

Table 1: Estimated Dollar Value

Fiscal Year Quantity O&MMC ($) FY25 1,020 ~ $0.8 Million FY26 1,000 ~ $0.7 Million FY27 1009 ~ $0.7 Million FY28 461 ~ $0.3 Million FY29 460 ~ $0.3 Million Total 3950 ~ $3 Million

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The use of 10 U.S.C. 3204(a)(1) is based on results from market research which concluded that L3 Technologies, Inc. is the sole designer, developer, and integrator for the AN/PEQ-15. L3 Technologies, Inc. is the only manufacturer that possesses the technical data, drawings, and specifications necessary to fulfill the Government's requirement.

L3 Technologies, Inc. is the sole owner of the technical data required to remanufacture the parts listed for the AN/PEQ-15, as confirmed in their letter to the requiring activity dated 20 august 2024. Therefore, L3 Technologies, Inc. is uniquely qualified to provide the complete range of capabilities and/or hardware required. All data is proprietary to L3 Technologies, Inc.

Additionally, the Joint Depot Source of Repair Decision (DMI 22005M) dated 19 April 2022 states that, “The Joint Service representatives agree that depot maintenance will be performed by Commercial Support via the Original Equipment Manufacturer (OEM), L3 Technologies, Inc, as the depot source of repair.”

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

In accordance with FAR Part 10, market research conducted through the mandatory and suggested sources of supplies resulted in a non-availability of vendors capable of supplying the required items. Furthermore, a search of the FPDS-NG and EDA websites resulted in historical contract M67004-20-D-0005 and solicitation M67004-20-R-0008, with L3 Technologies, Inc. as the incumbent contractor. No additional market research will be conducted because it is not practical, for the reasons discussed in Paragraph 5 above, for any company other than L3 Technologies, Inc. to perform this remanufacture of the AN/PEQ-15.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine the cost to the Government of the supplies covered by this J&A to be be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, MARCORLOGCOM has no plans at this time to compete future contracts for the types of supplies covered by this document.

J&A No. 15008

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve, as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).

Christopher C. Carlson, CCO Date matthew.radi Inserted Text GySg

ANNEX 1 – JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION