JA Redacted SPRAL123R0002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRALl-23-R-0002

[ ] ORIGINAL

[ X] ADDENDUM (attach copy of original J&A for add-ons or revisions)

This addendum is hereby issued to make corrections to the following sections 8 (Market Research) and Attachments highlighted below:

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

Addendum

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

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

BRIEF DESCRIPTION

al

NSN/P/N

1 1

UANTTTY

.0

The Generator Signal is one of a class of electronic devices that generates electrical signals with set properties of amplitude, frequency, and wave shape.

Identify end item, weapon system, or class of item: The end item is a Calibration Set, Working Standards.

ESTIMATED BASE VALUE:

4. The statutory authority permitting other than full and open competition is:

[ X] 10 U.S.C. 3204(a)(l )-Available from only one or a limited number of sources. The Marine Corps technical data determined the current NSN is in accordance with approved source: Rohde & Schwarz (Rohde) CAGE 82199 for part number 1423.1003.02.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On March 8, 2023, USMC Logistics Command (LOGCOM) Equipment Specialist recertified the technical information, including the AMC/ AMSC code and approved source, was complete and accurate. The NSN is sole source to Rohde (82199) per the DLR tech data from Albany, GA. Rohde is the only manufacturing source specified on the source control or selected item drawing and is the only source known to have the data and capability necessary to manufacture this item to satisfy the military' s requirement.

The use of the authority cited below:

[ X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

The use of the authority cited is based on:

[ X ] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version ofDoD-STD-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, AM Cs 1 or 2 are valid.

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

[ X ] The acquisition will be synopsized on or about 02 March 2023 for 15 days.

[ X] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from November 16, 2022, to November 28, 2022, with no responses received. The solicitation will be published for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. There is no procurement history for this NSN via Haystack and Eprocurement. The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00; therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government's targets and later deeming prices fair and reasonable for this procurement.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM Rohde (82199). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 11/16/22 to 11/28/22 for the procurement of the Generator Signal.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X] A market survey was conducted on/during November 16, 2022 to November 28, 2022.

Total number of vendors contacted: One (1):

Names of vendors contacted and responding: Rohde (82199) responded to the market survey.

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to SAM.gov on 11/16/22 with response date of 11/28/22. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code B. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the

SSN to allow potential offerers an opportunity to provide feedback on the cmTent marketplace for this acquisition.

The market survey included but not limited to info1mation regarding commerciality, EDI, :MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, pait number, quantity, delive1y, and OEM info1mation.

Summa1y of info1mation received: The buyer sought information from the only approved large source Rohde (82199) on 11/16/2022. The OEM res onded to the market surve on 11/16/2022. The contractor indicated they are a lai· e business dealer. . The contractor

Info1mation received regarding the commerciality of the item(s): Based on the above, the OEM Rohde indicated the item is commercial. Rohde did not provide any suppo1table documentation to substantiate their commerciality claim.

The buyer sought additional info1mation from the OEM regarding their commerciality claim on 6/29/23, which the buyer did not seek initially. A revised Google seai·ch was conducted using the pait number 1423.1003.02, NSN 6625124138555 and the nomenclature Generator Signal. No info1mation was found using the pait number or NSN.

Info1mation was found using the Generator Signal item description that could substantiate or dete1mine the item to be commercial. See Attachment 2. Additionally, a General Administration Services (GSA) seai·ch was conducted on the pait number 1423.1003.02, which was found on GSA contract GS-35F-03 l 1R with expiration 02 Feb 2025.

See Attachment 3.

The OEM completed the Commercial Item Description market research indicating the exact item is sold to non Governmental customers See Attachment 4. The contractor indicated the item has been deemed commercial b the US Air Force under order FA8240-21-P-0144.

Based upon the information highlighted above, the OEM Rohde submitted supportable commercial documentation to substantiate their commerciality claim after submission of theiJ: initial market research response. The item, Generator Signal (NSN 6625-12-413-8555) is deemed commercial in accordance with FAR 2.l0l(b)(l)(ii), that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental pmposes, and has been offered for sale, lease, or license to the general public. The item is available in the commercial marketplace. Therefore, the Contracting Officer hereby determines the item to be commercial.

9. Additional facts suppo1ting other than full and open competition are:

[ X ] Based upon the attached technical ceitification, 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Rohde (82199)

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

[ X] Solicitation contains DLA Procurement Note L22, Offers for Restriction of Alternate Offers for Source Controlled Items.

[X ] Other: The Marine Corps does not intend to procure the technical data. necessa1y to promote competition. A SSN posted to SAM.gov for 10 calendar days without receiving any responses for vendor to submit a SAR.

12. This is a first time buy for DLA Land and Maritime with no procurement histo1y found in Haystack or Eprocurement. The J&A for this requirement SPRAL123R0002 was previously reviewed. See Attachment 6.

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.

SELLERS CERITA

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Contracting Officer

21 July 2023

Date