JA SPRAL124R0007 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

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

MODEM,COMMUNICATION 5895-01-688-9695 4.00 3/B

The Communications Modem is an item which modulates and demodulates one or more electrical signals. It connects data terminal equipment to a communication line or network such as telephone, radio, or telegraph. It may include the multiplexing and demultiplexing circuits, circuit amplifiers and source(s) of carrier frequency.

There are different bands of Very Small Aperture Terminal (VSAT) modems available based on frequencies of use in its construction.

Identify end item, weapon system, or class of item: Table of Authorized Material Control Number (TAMCN):

A02447G – Very Small Aperture Terminal (VSAT) Master Reference Terminal is used by U.S. Marine Corps to provide valuable, worldwide connectivity options, enabling multiple mission types when more robust options are unavailable or impractical.

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: Viasat, Inc (Viasat) CAGE 47358 for part number 1232348.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On August 24, 2023, 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 Viasat (47358) per the DLR tech data from Albany, GA. Viasat 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.

SOLICITATION

The use of the authority cited below:

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

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 of DoD-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, AMCs 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 16 February 2024 for less than 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from January 26, 2024, to February 5, 2024, with no responses received. The solicitation will be published for 15 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)

SPRAL124C0005 1/24/2024 Washington Foundries

CAGE 1PWB6

5 $102,421.28 $512,106.40 BG

SPRAL123P0013 12/16/2022 Rev-Cap Company

CAGE 0HS46

2 $97,834.00 $195,668.00 BI

History indicates the Communications Modem 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.

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 Viasat (47358) and dealers: Washington Foundries (1PWB6); Rev-Cap Company (0HS46); and PAR Defense (7DWH2). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 1/26/24 to 2/5/24 for the procurement of the Communications Modem.

SOLICITATION SPRALl-24-R-0007

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

[ X] A market survey was conducted on/during Janmuy 26, 2024, to Febrna1y 5, 2024.

Total number of vendors contacted: Four (4) Names of vendors contacted and responding: Washington Foundries (1PWB6); Rev-Cap Company (0HS46); PAR Defense (7DWH2); and Viasat (47358). Viasat (47358) was the only vendor who responded to the market survey.

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

Types of info1mation requested: A SSN was posted to SAM.gov on 1/26/24 with response date of 2/5/24. 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 Note L22, Restriction of Alternate Offers for Source Controlled 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 info1mation 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 oppo1tunity 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, paii number, quantity, delive1y, and OEM information.

Summaiy of info1mation received: The buyer sought info1mation from the only approved lai·ge source Viasat (47358) on 1 he contractor indicated the item is commercia per FAR 2.101. T e contractor m 1cate t e item as een etermined to be commercial by a militaiy depaiiment, a defense agency, or another component of DoD. The contractor indicated the item is sold or offered to non-Governmental customers. The contractor indicated the item is a substantially similai· item sold or offered for sale to non-Governmental customers and they could provide info1mation/documentation to demonstrate the item bein rocured is similar to the commercial e uivalent.

he following infonnation is from the previous requirement SPRAL122R0027: The OEM Viasat (47358) completed the Commercial Item Determination (CID) market survey questionnaire on 4/25/23, which provided additional documentation to substantiate their commercial claim (see attachment 3). The OEM indicated the NSN awarded against General Services Administration (GSA) Indefinite Delive1y Indefinite Quantity contract (IDIQ) 47QFLA19D0006, awarded in accordance with FAR Pmi 12 procedures. The contractor indicated the item is the "exact" item sold to non-Governmental customers in the smne fo1m without modification.

indicated the Viasat IDIQ is a commercial IDIQ and contains all required commercial clauses.

indicated this pa1i number was evaluated and included at initial IDIQ award.

Based on the above, the OEM Viasat submitted suppo1iable documentation to suppo1i a commerciality item dete1mination under the previous requirement SPRAL122R0027, which applies to this cmTent requirement.

The item, Communications Modem (NSN 5895-01-688-9695) is deemed commercial in accordance with FAR

2. l 0 l(b)(l)(ii), that is of a type customarily used by the general public or by non-governmental entities for pmposes 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 dete1mines this item to be a commercial item.

9. Additional facts suppo1iing other than full and open competition m·e:

[ X ] Based upon the attached technical ce1iification, 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) Viasat, Inc (47358)

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

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

[X ] Other: The Marine Co1ps 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 from vendors to submit a SAR.

12. The previous J&A SPRAL122R0027, is attached.

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.F.12507 Dig,tallys,gned by

SELLERS.CERIT A.F.1250708994

08994 Date: 2024.02.1613:56:01-05'00' 16 February 2024

Contracting Officer Date

APPROVAL REQUIREMENTS

[ X] Up to $750,000

Attachment(s):

1. DLR Tech Data Ce1i

Contracting Officer

2. CID Market Smvey (47358) previous SPRAL122R0027

3. GSA IDIQ 47QFLA19D0006 previous SPRAL122R0027

4. Previous J&A SPRAL122R0027