JA FOIA.pdf
PDF 476 KB Posted
- Attached to
- Loudspeaker-Microphone Federal contract opportunity
- Solicitation number
- SPE7M524R0009
About this file
This is a Justification for Other Than Full and Open Competition (JOFOC) document for solicitation SPE7M524R0009/PR 7007468050 from the Defense Logistics Agency Land and Maritime for the acquisition of 1,504 Lapel Speaker/Microphones (NSN 5965-01-681-8823).
The document justifies sole-source procurement from L3 Harris Technologies (CAGE: 7QAK7) under 10 U.S.C. 3204(a)(1) as they are the only approved manufacturer specified on the source control drawing. The item is a lapel speaker/microphone for use with two-channel radios and as a simple loudspeaker in fighting vehicle applications. The procurement will use FAR Part 15 procedures with price breaks requested for 1,250-2,000 units. A Sources Sought notice was posted on SAM.gov on 6/13/2024 with one response from BHPE (9SWS7). The acquisition will be synopsized for 16 days starting July 31, 2024, and solicited for 30 days beginning August 19, 2024 on DIBBS. While ASRC (79343) has served as a dealer on previous awards, the contracting officer determined this is not a commercial item based on market research and AMSC coding. The JOFOC was approved on 8/5/2024 by the Competition Advocate, as the value falls between $750,000 and $15,000,000.
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Text version
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLICITATION SPE7M524R0009 / PR 7007468050
100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD- 100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.
A Technical Referral was sent to the Product Specialist to validate the AMC/AMSC and source of supply. On 6/4/2024 the Product Specialist confirmed the AMC/AMSC of 3/B and confirmed the approved source L3 Harris (7QAK7). There are no other sources of supply for this material. The Product Specialist certified the above technical information as complete and accurate on 6/4/2024.
L3 Harris is the only source specified on the source control / item drawing because the Government has the drawings or data available but does not have complete drawings or data to make the acquisition fully competitive.
6. Efforts to ensure that offers are solicited from as many sources as practicable are:
[X] The acquisition will be synopsized for 16 days on or about July 31, 2024 on SAM.gov and will be solicited for 30 days on or about August 19, 2024 on the DLA Internet Bid Board (DIBBS).
A Sources Sought was posted to https://SAM.gov on 6/13/2024 with a respond by date of 6/21/2024.
o BHPE (9SWS7) responded with interest to the Sources Sought.
7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.
To determine the cost as fair and reasonable, Price Analysis will be calculated using past procurement history, a Learning Curve, PPI, current market value of item and/or similar items, negotiation procedures, traceability, and the use of resources available through the Pricing Office.
If additional analysis is needed for the fair and reasonable determination, support will be sought from the Pricing Office. The contract value will not exceed the TINA threshold of $2.0M. Therefore, IAW FAR 15.403-4(a)(1), Certified Cost/ Price Data will not be required.
8. Market Research / Efforts to Obtain Competition:
A Market survey was sent to approved source L3 Harris on 6/12/2024. L3 Harris did not respond. Procurement history showed multiple awards to dealer ASRC (79343). ASRC was forwarded a market survey 6/25/2024 and replied 6/27/2024.
ASRC (79343) responded on 6/27/2024 with the following information:
o Small Business Dealer that is registered in SAM.
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SOLICITATION SPE7M524R0009 / PR 7007468050
11. This item is subject to the following methods of locating additional sources:
Solicitation will be included, but is not limited to, the following Procurement Notes:
L22 Restriction of Alternate Offers for Source Controlled Items (SEPT 2017)
All previous procurements have issued under the SAT. IAW DFARS PGI 206.303-2(B) there is no copy of a previous J&A to include with the file.
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.
The estimated PR Value of this J&A is $ The estimated Maximum Value (at the top price break) of this J&A is $
APPROVAL/CERTIFICATION
Christine Boyer, Contracting Officer Date
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
Attachment 1: Technical Certification
BOYER.CHRISTIN
E.D.1249699639
Digitally signed by
BOYER.CHRISTINE.D.12496996
Date: 2024.08.05 15:12:19 -04'00'
WIEBUSCH.JAM
IE.1251897324
Digitally signed by
WIEBUSCH.JAMIE.1251897324
Date: 2024.08.05 18:07:27 -04'00'
8/5/2024
8/5/2024
File details come from the government source that posted it. Updated .