JA RedactedSPRAL124R0011.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-24-R-0011

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZAB

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Cerita.Sellers@dla.mil

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

[ X ] ORIGINAL

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

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

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 NSN/P/N QUANTITY EST. VALUE AMC/AMSC

MOTOR, ANTENNA DRIVE 5985-01-579-0876 14.00 3/D

The Motor, Antenna Drive is part of the Satellite communication subsystem model 0711A3000 and Satellite communication subsystem model AN/TSC-186. The antenna is mounted on the motor, antenna drive.

Identify end item, weapon system, or class of item:

Table of Authorized Material Control Number (TAMCN): A02347G – The end item is NSN 5985-01-579-0876, Very Small Aperture Terminal (VSAT) satellite communication subsystem which is several different items mounted or linked together to form part of a satellite system but does not constitute a complete functioning item.

ESTIMATED BASE VALUE: $

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

[ X ] 10 U.S.C. 3204(a)(1) - 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: CPI Satcom & Antenna Technologies (CPI Satcom) CAGE 0P0N7 for part number SP-000059.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On February 22, 2024, USMC Logistics Command (LOGCOM) Equipment Specialist certified the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The NSN is sole source to CPI Satcom (0P0N7) per the DLR tech data from Albany, GA. CPI Satcom is the only manufacturing source known to have the complete data or data rights necessary to manufacture this military-specific item.

The use of the authority cited below:

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

SOLICITATION SPRAL1-24-R-0011

The use of the authority cited is based on:

[ X ] AMSC D. 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. AMCS 3, 4, or 5 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 12 July 2024.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from May 22, 2024, to June 6, 2024, 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. Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC) SPRAL121C0015 7/20/2021 CPI Satcom & Antenna

CAGE 0P0N7

30 $22,700.52 $681,015.60 BG

SPRAL119P0033 3/29/2019 CPI Satcom & Antenna

CAGE 0P0N7

4 $17,571.68 $246,003.52 BF

SPRAL114C0010 11/25/2013 CPI Satcom & Antenna

CAGE 0F6V7

23 $23,583.21 $542,413.83 BG

SPRAL113C0035 4/5/2013 CPI Satcom & Antenna

CAGE 0F6V7

10 $25,734.00 $257,340.00 BG

History indicates the Motor Antenna Drive for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted.

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.

Market Research/Efforts to Obtain Competition:

8. 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 CPI Satcom (0P0N7). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 5/22/24 to 6/6/24, for the procurement of the Motor Antenna Drive

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

[ X ] A market survey was conducted on/during May 22, 2024, to June 6, 2024.

Total number of vendors contacted: One (1) CPI Satcom (0P0N7) Names of vendors contacted and responding: CPI Satcom (0P0N7).

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

SOLICITATION SPRALl-24-R-0011

Types of info1mation requested: A SSN was posted to SAM.gov on 5/22/24 with response date of 6/6/24. The main pmpose 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 Pait Number Items and M06, Evaluation of Offers for Prut Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code C. 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 info1mation to SYSCOM, since they manage the technical po1tion 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 mm·ket smvey was included with the SSN to allow potential offerors an opportunity to provide feedback on the cunent marketplace for this acquisition.

The market smvey included but not limited to info1mation regm·ding commerciality, EDI, MIL-STD-129 capability, company size, Freight On Bom·d (FOB), Inspection and Acceptance, pait number, quantity, delive1y, and OEM info1mation.

Summa1y of info1mation received: The buyer sought info1mation from the only approved large source CPI Satcom (0P0N7) on 5/22/24. CPI S a

The contractor indicated the item is commercial per FAR 2.101. The contractor indicated the item is sold or offered to non-Governmental customers. The contractor indicated the item is a substantially similar item sold or offered for sale to non-Governmental customers and they could rovide info1mation/documentation to demonstrate the item bein rocured is similar to the commercial e uivalent.

he contractor indicated they cannot furnish cost and price data as required by FAR Pait 15 Table 15.2 because all CPI Satcom's quotes m·e for commercial items per FAR 2.101. Please see FAR 15.403-l(b)(3) for commercial exception to cost or pricing data.

The buyer sought additional suppo1table commerciality documentation from the OEM CPI Satcom requesting they complete the Commercial Item Dete1mination (CID) Questionnaire on 7 /2/24. The buyer emailed a follow-up to the OEM on 7/9/24. The OEM did not provide any fuither documentation to suppo1t their commerciality claim.

Info1mation received regarding the commerciality of the item(s): Based on the above, the buyer dete1mined not to move fo1ward in accordance with FAR 12 procedures but will utilize FAR 15 procedures for this requirement due

SOLICITATION SPRALl-24-R-0011 to not being able to substantiate cunent commerciality since the OEM CPI Satcom did not respond to the CID market survey. A Google search was conducted using the pali number SP-000059 and NSN 5985015790876, but no infonnation was found that could substantiate or detennine the item to be commercial. Additionally, a General Administration Services (GSA) search was conducted on the pait number SP-000059, but no GSA contracts were found. See Attachment 2.

The item, Motor Antenna Drive (NSN 5985-01-579-087 6) is deemed not commercial. The item is unique to the Government and is made specifically in suppo1t of the two-way VSAT satellite communication subsystem used for Mai·ine Aii·-Ground Task Force. The OEM, CPI Satcom did not provide any suppo1table commerciality documentation. The item is not modified of a type available in the commercial mai·ketplace and does not have minor modifications of a type not customai·ily available in the commercial marketplace. The item is not available in the commercial mai·ketplace. The Contracting Officer dete1mined the item not commercial.

9. Additional facts suppo1ting other than full and open competition ai·e:

[ X ] Based upon the attached technical ce1tification, technical data is not available and cannot be developed to pe1mit 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) CPI Satcom (0P0N7)

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

[ X] Solicitation contains DLA Procurement Note, L04, Offers for Pait Number Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Pait Numbered Items [X ] Other: The Marine Co1ps does not intend to procure the technical data necessaiy to promote competition. A Sources Sought Notice (SSN) posted to SAM.gov for 10 calendar days without receiving any SAR responses from vendors.

12. The listing of previous J&A(s): SPRAL121R0012 (see attachment 3).

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. If not exceeding $750,000, this signature serves as the approval.

SELLERS.CERIT A.F Digitally signed by

SELLERS.CERITA.F.1250708994

.1250708994 Date: 2024.07.15 14:01 :30 -04'00'

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

15 July 2024

Date

CUI

SOLICITATION SPRAL1-24-R-0011

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

CUI

APPROVAL REQUIREMENTS

[X ] Up to $750,000 Contracting Officer

Attachment(s):

1. DLR Tech Data Cert

2. Google and GSA Search

3. Previous J&A SPRAL121R012