JA_Harris_ARC201E_TH-B-UAE_Final.pdf

Control No: JA-18-D-108 Contractor: Harris Corporation

Program/Equipment: Harris Corporation AN/ARC-201E and Accessories

Version – February 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment:

AN/ARC-201E Single Channel Ground and Airborne Radios Systems (SINCGARS) Radio and accessories in support of Foreign Military Sales (FMS) Communication Program, TH-B-UAE.

Authority:

10 United States Code (U.S.C). 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

FMS Sole Source Directed and/or FMS Non Sole Source Direction: $230,040.00

Prepared by: Corey A. Kirkwood Phone: 4434957012 Engineer Date:

Email: corey.a.kirkwood.civ@mail.mil

Contracting Officer: Lonny J. Matesky Phone: 4102784256 Contracting Officer Date:

Email: Lonny.j.matesky.civ@mail.mil

Technical: Corey A. Kirkwood Phone: 4433957012 Engineer Date:

Email: corey.a.kirkwood.civ @mail.mil

Requirements: Corey A. Kirkwood Phone: 4433957012 Engineer Date:

Email: corey.a.kirkwood.civ @mail.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager: Matthew Oskam

Phone:

Signature:

Legal Counsel:

Phone:

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command – Aberdeen Proving Ground, 6001 Combat Drive, APG, MD, 21005

2. Description of Action: Communications and Electronics Command (CECOM) Security Assistance Management Directorate (SAMD) requests a Firm-Fixed-Price Delivery Order under the Indefinite Delivery, Indefinite Quantity (IDIQ) Contract W91CRB-16-D-5004 to procure Harris Corporation AN/ARC-201E’s and its accessories.

An Acquisition Plan resides on the base IDIQ Contract.

3. Description of Supplies/Services: The Contractor shall manufacture and supply Harris Corporation AN/ARC-201E radio systems and its accessories for the following FMS country case TH-B-UAE (Thailand), Quantity of four (4) AN/ARC-201E Radios ($230,040.00).

4. Authority Cited: This acquisition is being conducted under the authority of 10 United States Code (U.S.C.) § 2304(c)(1) and Federal Acquisition Regulation (FAR) 6.302- 1(b)(1), Only One Responsible Source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Harris Corporation is the original equipment manufacturer (OEM) for the AN/ARC-201E radio and accessories and is the only known source that possesses the expertise and knowledge to produce the components. Harris Corporation is the only source that is certified and authorized to do modifications on their OEM equipment. It is the intent of CECOM SAMD to procure these various hardware and services from Harris Corporation for FMS requirements, as they developed these equipment at their own private expense and retain the Technical Data Package (TDP). Furthermore, the contractor does not have any qualified distributors or dealers. There have been no efforts towards acquiring data rights as funding for this equipment is derived at the FMS customer’s expense. As the FMS customers are interested only in the acquisition of hardware, there are no funds available for non-recurring expenses, such as the acquisition of data rights. If it were possible to obtain such data rights from Harris Corporation, a resultant concern of SAMD would be whether a given FMS customer would be allowed to obtain such sensitive proprietary information. Similarly, the FMS customer will not provide funding for non-reoccurring efforts such as the reverse engineering purposes. FMS customers require this specific Harris Corporation equipment in order to be compatible with existing inventories of equipment as well as friendly forces and to avoid the cost of logistically supporting multiple fleets of similarly functioning equipment. Harris Corporation is the only source capable of meeting the Government’s requirements because it is the only source that possesses the TDP needed for production of these items.

The Harris Corporation AN/ARC-201E radio and accessories is intended for use on U.S.

Army configuration aircrafts which has been Airworthiness Release (AWR) certified and has been verified and tested for interoperability to fight with coalition forces. The AWR certification process is an extensive process that verifies the functionality of the equipment’s condition is safe for flight, safe for personnel onboard, and does not interfere with other safety systems onboard an aircraft. To get other equipment tested and qualified would incur increased funding and delay schedules by a significant amount of time (approximately two years). These delays could impact FMS country mission effectiveness during critical periods. Procuring other equipment, rather than the specific Harris Corporation equipment and accessories also risks compatibility/interoperability with allied forces which will further impact mission effectiveness.

Furthermore, Harris was the only vendor who answered recent market surveys and this demonstrates that they are the only contractor who can fully meet the Government’s requirements for this action.

6. Efforts to Obtain Competition:

There is only one responsible manufacturer for these items. Efforts were made to locate additional sources during recent “Market Research”. There is no competition anticipated for this acquisition. Procurement data does not include any unnecessary requirements that may inhibit competition. Currently, Harris is under a Commercial Small Business Subcontracting Plan that has goals for competition in their efforts to subcontract.

7. Actions to Increase Competition:

These are international export items not managed in US Army inventory. The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be completed to the maximum extent possible; however, it is anticipated that follow-on acquisitions will need to be conducted on a sole source basis.

The Government does not own the TDP required for competition and does not plan to pursue procurement of the TDP as this contract is in support of FMS cases for which non-refundable development costs will not be provided and because proprietary technology capabilities have not been licensed to any other U.S. or international company for the manufacture of Harris Corporation equipment.

8. Market Research:

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a request for sources sought was posted to the Federal Business Opportunities on 30 October 2017 for 14 days. During this timeframe, Harris Corporation was the only qualified company to respond to the sources sought.

9. Interested Sources:

No other source apart from Harris Corporation has expressed written interest in supplying this item. In addition, this action will be contracted on the IDIQ vehicle and the Contracting Officer need not submit a notice of the contracting action based on the exception found in FAR 5.202(a)(6).

10. Other Facts:

Procurement History:

Contract Number/Amount

Award Date Contractor Competitive/Sole Source (FAR Exception)

*W91CRB16D5004 May 2016 Harris Corporation 10 U.S.C.§ 2304 (c) (1), Only One Responsible Source, FAR 6.302-1.

W15P7T08DD248 May 2008 Exelis/ITT 10 U.S.C. § 2304 (c) (1), Only One Responsible Source, FAR 6.302-1.

J&A for ARC-201D (Control Number JA-D-

17-624)

10 U.S.C. § 2304 (c) (1), Only One Responsible Source, FAR 6.302-1.

* J&A in the amount of $85.5M was approved for Pseudo FMS only

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Corey A. Kirkwood Date:

Title: Engineer Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Corey A. Kirkwood Date:

Title: Engineer Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Typed Name: Lonny J. Matesky Date:

Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Lonny J. Matesky Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of a Firm-Fixed- Price delivery order in the amount of $230,040.00 for Harris Corporation AN/ARC-201E equipment and accessories on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), Only One Responsible Source and No Other Supplies or Services, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Contracting Officer Name: Lonny J. Matesky Date: