JA SPE7LX25R0060 for award synopsis_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX25R0060

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

The use of the authority cited below:

[X] Acquisition Method Code (AMC) 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

[X] Acquisition Method Suffix Code (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.

This acquisition will be solicited with other than full and open competition under authority of U.S.C. 3204(a)(1), as implemented by FAR 6.302-1(a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements. L3Harris is the only approved source and the only known source to own or possess the data or rights to the data necessary to manufacture these items. On April 10th, 2025, Quality Assurance Specialist certified that the technical information, including the AMC/AMSC code and approved source was complete and accurate. The tech cert is attached, along with copies of the Product Master for each associated NSN.

DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). Because only the approved sources possess the complete technical data for the item listed, they are the only sources acceptable that can manufacture this item. The Contracting Officer has relied upon the Product Specialist’s technical review of these NSNs and determined the only source capable of supplying these items to the Government is L3Harris.

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

[ X ] The acquisition will be synopsized on or about _8/25/2025.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] The Government published a Sources Sought on the beta.SAM.gov website for seven business days from March 7th, 2025 to March 14th 2025 and [X] The Contract Specialist sent a market survey to the approved source.

[ ] Other. (Explain)__________________________________________________________________ .

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

This solicitation is being issued in accordance with FAR Part 12, Commercial Acquisition. The Contracting Officer will ensure that contract terms, conditions, and prices are commensurate with the Government’s need.

The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

Contract history will be reviewed for historical pricing to compare to the offered prices received. Historical prices will be indexed using Producer Price Index (PPI) data for the North American Industry Classification System for each NSN. Additionally, the historical prices will be compared with quantity as a factor to ensure the comparisons are as similar as feasible. Similar NSN may be compared for price if their technical characters can be determined by the product specialist team to be detailed and similar enough for adequate comparison. Contract length and price escalation will be evaluated using PPI data and trends to estimate potential inflation.

The threshold for obtaining Certified Cost or Pricing Data (CCPD) of $2 million (per FAR 15.403-4(a)(1) Requiring Certified Cost and Price Data) has been met for this acquisition however, CCPD will not be required.

Certified Cost and Pricing Data is not required when acquiring Commercial items (per FAR 15.403-1(b)(3) Prohibitions on obtaining certified cost and price data). Informal cost and price data may be requested from the vendor. The Buyer and Contracting Officer may still request input by the DLA’s Pricing Office to assist in determining the proposed prices received fair and reasonable. The Contract Specialist will request a should-cost independent government estimate from the Value Engineering VE-Reverse Engineering Branch to help assess a reasonable price.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research to improve competition, which is summarized below.

Market Research consisted of a posting of Sources Sought, direct distribution of market surveys, online research of the items and their approved source, and email exchanges and phone conversations with the approved source.

Market research was conducted from March 7th, 2025 – May 8th, 2025.

Sources Sought published March 7th, 2025 – March 15th, 2025.

Previous procurements for this NSN were reviewed to identify potential sources, price history, and delivery history. The awards were chosen due to recency, price reasonableness code used, and price increases from previous buys.

SPE7L725P0838

SPE7L725P0619

SPE7L725P0093

Reviewed in Haystack to look at technical characteristics, weapon system information, procurement history, and item name code information.

Internet search of the item by NSN, part number and description, including search in the General Services Administration website GSA Advantage.

The first required source of supply checked was the Federal Prison Industries. The UNICOR website was searched by Federal Supply Code (FSC) and returned 1 result. UNICOR indicated they can make this item but do not currently offer it for sale. (screenshot attached). The AbilityOne program website was checked for this NSN and returned no search results. There were 7 Battery Storage items on the AbilityOne list however none of them meet the Voltage or Amperage requirements of this NSN (screenshot attached). The General Service Administration website was searched by NSN, manufacturer, part number, and item name and returned no results for this specific item (screenshot attached). There were some results for Battery Storage, however there is not sufficient evidence that they can fulfill the applications the current NSN is designed for. Since the Government does not currently have the drawings or specifications for this NSN there is no way to effectively compare any of the listed Battery Storage to the current NSN.

Market Survey sent to .

Commerciality:

During market research a redacted commercial price list and a catalog description for this product line. The product catalog describes the L3Harris 12500-2500-0x product line. The document describes the capabilities of the item as well as which testing standards it meets for a variety of factors. This item may be designed for a specific radio, but the capabilities of the battery itself are not Government or Military unique. Based on the documentation provided by the vendor this item is determined commercial of a type.

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

[X] Based upon the technical certification on file in DLA Land and Maritime – VEP 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. Please see Attachment #2 for Technical Certification provided by Quality Assurance Specialist, . All previous purchases were under the Simplified Acquisition Threshold and therefore did not require Justification and Approvals for other than full and open competition.

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

Based on the procurement history and technical reviews by the Product Specialists, the solicitation will be solicited with Other Than Full and Open Competition under the authority of 10 U.S.C. 3204(a)(1), as implemented by FAR 6.302-1(a)(2). The Contracting Officer evaluated the opportunity to set-aside the procurement for small businesses.

A set aside is not suitable because there is no expectation that two or more small businesses will offer the material of one small business concerns, in accordance with FAR 19.502-2(b) Total Small Business Set-asides.

Attachment(s):

Attachment #1: Contract History as of 5-8-2025 Attachment #2: Technical Certification Attachment #3: Ability One Attachment #4: GSA Advantage Attachment #5: UNICOR Attachment #6: 2579 (2025-06-12_DD 2579_SPE7LX25R0060_PR CL25064002_KO Brookins-PCR rev(2)) Attachment #7: CID Database Search Attachment #8: 12500-2500-02 (Catalog Price List) Attachment #9: L3Harris part no. 12500-2500-0x Attachment #10: L3Harris Data Pull 8-15-2025 Atatchment #11: CAGE DLA website 7QAK7 only CAGE of L3Harris