JA SPRAL125R0003_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-25-R-0003

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

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

POC:

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 iaw

FAR 6.3.

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 GROUP,SATELLI 5895-01-696-7817 16.00 $ 3/B

The Modem Group Satellite consist of related modems suitable for use within super high frequency earth terminals which provide survivable, anti-jam, anti-scintillation, low probability of exploitation, digital data communications, to achieve networks via non-processing transponder super high frequency satellites.

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

Table of Authorized Material Control Number (TAMCN): A02457G – The end item is a Light Armored Vehicle (LAV). The LAV is designed to provide mobility and protection for troops while being lighter and more maneuverable than heavier armored vehicles like tanks. The LAVs are used for reconnaissance, troop and infantry support.

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: L3Harris Technologies (L3Harris) CAGE 1UB81 for part number 0195-1000-12T.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On November 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 L3Harris (1UB81) per the DLR tech data from Albany, GA. L3Harris is the only approved source that maintains the technical data necessary to manufacture the part.

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.

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

[ X ] The acquisition will be synopsized on or about 23 January 2025.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from December 17, 2024, to December 27, 2024, with no responses received. The solicitation will be published for 30 days.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history does not exist for this NSN via Haystack and EProcurement.

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:

7. 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 L3Harris (1UB81). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 12/17/24 to 12/27/24, for the procurement of the Modem Group Satellite.

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

[ X ] A market survey was conducted on/during from December 17, 2024, to December 27, 2024.

Total number of vendors contacted: One (1): OEM L3Harris (1UB81).

Names of vendors contacted and responding: OEM L3Harris (1UB81) was contacted but did not respond.

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 12/17/24 with response date of 12/27/24. 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 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 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 offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, Freight On Board (FOB), Inspection and Acceptance, part number, quantity, delivery, and OEM information.

Summary of information received: The buyer sought information from the only approved large source L3Harris (1UB81) on 12/17/24. L3Harris did not respond to the market survey. The buyer sent a follow-up email to the OEM on 1/7/25, but the OEM did not respond. The buyer moved forward with what is known.

Information received regarding the commerciality of the item(s): Based on the above, the OEM, L3Harris did not respond to the market survey, therefore, did not provide any supportable commerciality documentation. A Google search was conducted using the part number 0195-1000-12T and NSN 5895016967817, but no information was found that could substantiate or determine the item to be commercial. Additionally, a General Administration Services (GSA) search was conducted on the part number 0195-1000-12T, but no GSA contracts were found. See Attachment 2.

The item, Modem Group Satellite (NSN 5895-01-696-7817) is deemed not commercial. The item is unique to the Government and is made specifically in support of the Light Armored Vehicle (LAV) for the Marine Air-Ground Task Force. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace. The item is not available in the commercial marketplace. The Contracting Officer determined the item not commercial.

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

[ X ] Based upon the attached technical certification, 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) None

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 Corps does not intend to procure the technical data necessary to promote competition. A Sources Sought Notice (SSN) posted to SAM.gov for 10 calendar days without receiving any SAR responses from vendors.

12. There is no previous history for this first time buy item.

SOLICITATION SPRALl-25-R-0003

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.(ERITA. Digitally signed by

SELLERS.CERITA.F.1250708994

F.1250708994 Date:2025.01.2310:27:40-0S'00'

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

_23 January 2025 __ _ Date

APPROVAL REQUIREMENTS

[X ] Up to $750,000

Attachment( s):

1. DLR Tech Data Celi

2. Google and GSA Searches

Contracting Officer