JA SPRAL125R0009 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRALl-25-R-0009

[ 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. A J&A is required for acquisitions solicited as Umestricted. The paii in this initiative has been detennined to be non commercial and will be procured utilizing the procedures found in Federal Acquisition Regulations (FAR) Part 15 - Contracting by Negotiation.

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

The supplies requi.J.·ed to meet the using activity's needs are described as follows:

BRIEF DESCRIPTION NSN/P/N UANTITY AMC/AMSC

AMPLIFIER,RADIO FRE 5996-01-701-1257 17.00 * 3/R

*This item initially solicited as a small purchase under SPRAL125Q0017, with an estimated unit price of �e bidder quoted the small purchase ASRC Federal (79343) a small business, quoting a unit p� each, which exceeded the Simplified Acquisition Threshold (SAT) of $250,000.00. The small purchase was cancelled and resolicited as this large unrestricted acquisition under SPRAL125R0009.

The Amplifier Radio Frequency is a system used for collecting, processing, and exchanging info1mation in the Mai·ine Co1ps.

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

Table of Authorized Material Control Number (TAMCN): A02087G-Command Communication System (AN/MSG-115). The end item is a Radio Set Multi-Channel Handheld (MCHH) Vehicle System.

ESTIMATED BASE VALUE:�

4. The statuto1y authority pe1mitting other than full and open competition is:

[ X] 10 U.S.C. 3204(a)(l) - Available from only one or a li.J.nited number of sources. The Mai·ine Co1ps technical data dete1mined the cunent NSN is in accordance with approved source: L3HaITis Global Communications (L3HaITis) CAGE 7QAK7 for paii number 12242-0100-11.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On December 19, 2024, USMC Logistics Command (LOGCOM) Equipment Specialist ce1iified the technical info1mation, including the AMC/ AMSC code and approved source, was complete and accurate. The NSN is sole source to L3HaiTis (1 UB81)

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

CUI Catego1y: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC:

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

SOLICITATION SPRAL1-25-R-0009

per the DLR tech data from Albany, GA. L3Harris is the only source that owns the data or the rights to the data necessary to manufacture the 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.

The use of the authority cited is based on:

[ X ] AMSC R: The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, 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 14 March 2025, for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from February 20, 2025, to March 3, 2025, 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 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.

8. Market Research/Efforts to Obtain Competition:

Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM L3Harris (1UB81) and their authorized small business dealer ASRC Federal (79343) who quoted on the small purchase SPRAL125Q0017. ASRC Federal quoted a total of $263,866.52, which exceeded the Simplified Acquisition Threshold (SAT) of $250,000.00. The small purchase was cancelled and resolicited as this large unrestricted acquisition.

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

[ X ] A market survey was conducted on/during from February 20, 2025, to March 3, 2025.

Total number of vendors contacted: Two (2): OEM L3Harris (1UB81) and dealer ASRC Federal (79343).

Names of vendors contacted and responding: OEM L3Harris (1UB81) was contacted but did not respond. ASRC Federal (79343) 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 2/20/25 with response date of 3/3/25. 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 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 R. 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 infonnation 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, pa1t number, quantity, delive1y, and OEM info1mation.

Summa1y of info1mation received: The buyer sought info1mation from the only approved lm·ge source L3HmTis (1 UB81) and the authorized dealer ASCR Federal (79343) on 2/20/25. L3Hanis did not respond to the market smvey. ASRC Federal res onded to the market smvey on 2/24/25, indicatin the are a small business dealer. The contractor indicated ' estimated delive1 . The contractor indicated , the re er to deal

Info1mation received regarding the commerciality of the item(s): Based on the above, the OEM, L3Hanis did not respond to the mm·ket smvey, therefore, did not provide any suppo1table commerciality documentation. ASRC Federal did not provide any suppo1table documentation to substantiate their commerciality claim for this requirement. The buyer sought additional info1mation from the ASRC Federal regm·ding their commerciality claim on 2/28/25, by requesting the vendor complete the Commercial Item Description (CID) market smvey by 3/6/25.

ASRC Federal did not respond or provide the request commerciality documents. The buyer notified ASRC Federal on 3/12/25, the requirement would be solicited in accordance with FAR 15 procedures. A Google search was conducted using the pa1t number 12242-0100-11 and NSN 5996017011257, but no info1mation was found that could substantiate or dete1mine the item to be commercial. Additionally, a General Administration Services (GSA) search was conducted on the part number 12242-0100-11, but no GSA contracts were found. See Attachment 2.

The item, Amplifier, Radio Frequency (NSN 5996-01-701-1257) is deemed not commercial. The item is unique to the Government and is made specifically in suppo1t of the Marine Corps Radio Set Multi-Channel Handheld (MCHH) Vehicle System. 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 dete1mined the item not commercial.

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

[ 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) ASRC Federal (79343)

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

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Pmt Number Items.

[ X ] Solicitation contains DLA Procurement Note M06, Evaluation of Offers for Pmt Numbered Items.

[X ] Other: The Mm·ine Co1ps does not intend to procure the technical data necessa1y to promote competition. A Sources Sought Notice (SSN) posted to SAM.gov for 10 calendm· days without receiving any SAR responses from vendors.

12. There is no previous J&A for this first time buy item.

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 Dlgltallysignedby

SELLERS.CERITA.F .1250708994

.F.1250708994 Date: 2025.03.25 07:32:05-04'00'

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

25 March 2025 ---- Date

SOLICITATION SPRAL1-25-R-0009

APPROVAL REQUIREMENTS

[X ] Up to $750,000 Contracting Officer

Attachment(s):

1. DLR Tech Data Cert

2. Google and GSA Searches