JA SPRRA124R0080_Redacted.pdf

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SPRRA124R0080// SEARCHLIGHT// 6230016539052
Solicitation number
SPRRA126C0002
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This is a Justification for Other Than Full and Open Competition (Form AVN S53) for a sole source acquisition by the Defense Logistics Agency (DLA), Contracting Activity AHAA, under solicitation number SPRRA1-24-R-0080.

The acquisition is for SEARCHLIGHT items identified by NSN 6230-01-653-9052 / Part Number 727-1198/02, with a minimum quantity of 72 units and maximum of 350 units under an Indefinite Requirement (IDR) contract that will not include options. The sole source is Leonardo SPA (CAGE A1512). The justification cites 10 U.S.C. 3204(a)(1) as the statutory authority for restricting competition, with the primary basis being AMC 4 (acquire for the first time directly from the manufacturer) and AMSC D (data needed to acquire the part is not economically available). A sources sought notice and Request for Information were posted to Contract Opportunities on 01 AUG 2024, resulting in an expression of interest from BHPE LLC, which was encouraged to seek source approval. The acquisition will be synopsized on or about 21 AUG 2024, with solicitation copies provided to interested firms. Market research was conducted based on knowledge of individuals within the requirements community, noting this is a newly provisioned item. The contracting officer determined the anticipated cost to the Government will be fair and reasonable, with the contractor required to provide certified cost and pricing data pursuant to FAR Part 15.4. The justification was approved by the Competition Advocate on 30 August 2024, with legal sufficiency certified by DLA Counsel Aviation for acquisitions at or below $15 million.

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CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I.Agency: DEFENSE LOGISTICS AGENCY Contracting Activity: _AHAA _________________ _

Document Identification Number:_AX_ 4_F_23_8_4AX _______ SolicitationNumber: _s_P_RRA __ 1-_24_-R_-_o_os=o=-----------

□ FAR Part 15 l✓ I FAR Part 12 □ FAR Prut 13.5

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

l✓ I New Action □ Amendment: ________________________ _

3. The supplies/services required to meet the using activity's needs ru·e described as follows:

BRIEF DESCRIPTION

SEARCHLIGHT

*If too numerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSNIPN

6230-01-653-9052 / 727-l 198/02

4. Tlpe l fContract(mayinclude numberofbase years) INDEFINITE REQUIREMENT (IDR)

✓ will not include an option.

QUANTITY

min 72 / 350 max

ESTIMATED VALUE

D will include a _____ % option for increased quantity. Total estimated dollar value of option quantity is$ _____ _

□ will include an option to extend the tenn of the contract for a period of ____ .months, exercisable in increments of

___ months. Total estimated dollar value of all option periodsis $ _________ . The maximum dollar value of all option periods is $ ______ _

The total estimated dollar value of this acquisition is: (inclusive of any options) $ . The maximum dollar value ofthis acquisition is: (inclusive of any options)$

5. The statutory authoritype1mitting other than full and open competition is 10 U.S.C. 3204(a)(l) - Available from only one or limited number of sources.

6. Efforts to improve DoD Competition in accordance with DFARS 206.303-2:

I ✓ IA sow-ces sought notice or Request for Information (RFI) in accordance with DFARS PGI 206.302-l(d) was posted in Contract Oppottunities on Ol AUG 2024 . Results of the sources sought notice/RFI resulted in the following:

BHPE LLC responded with interest in the procurement. The vendor was encouraged to seek source approval by emailing usa1my.redstone. devcom-avmc.mbx.amr-ss-sar@anny.mil

D A mass sow-ces sought notice which included NSN(s) _______________________ _ was posted to Contract Opportunities on. _______ . Date must be most cwTent Contract Opportunities posting (i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RFI was approved by the HCA or designee on ____________ and is hereby attached.

7. The acquisition is restricted to the only source(s) of supply known to have the capability of fum.ishing the required supplies/services.

Source(s) are:

A VN F 01m S53, NOV 2023 CUI

CONTROLLED BY: DLA AVIATION

CONTROLLED BY: DLA-AHAA

CUI CATEGORY: SSEL

DISTRIBUTION/DISSEMINATION CONTROL: FED ONLY

POC:

CAGE

Al512

CUI

COMPANY NAME

LEONARDO SPA

The use of authority 10 U.S.C. 3204(a)(l) is based on:

B AMCl.

AMC2.

□AMC3.

IZ) AMC4.

0 AMC5.

□AMSCA.

□ AMSCB.

□AMSCC.

[Z] AMSC D.

□AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□AMSCP.

□AMSCQ.

□ AMSCR.

□AMSCS.

□AMSCU.

□AMSCV

□AMSCY.

□AMSCZ.

□ Other:

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

Acquire, for the second or subsequent time, directly from the manufacturer.

Acquire, for the first time, directly from the manufacturer.

Acquire directly from the sole source contractor, who is not the manufacturer.

The Govemment' s right to use data in its possession is questionable. This code is m1der review and will be updated when the review is complete.

This must be acquired from a manufacturing source(s) specified on a source control drawing.

This pa1t required engineering source approval by the design control activity in order to maintain the quality of the part.

The data needed to acquire this pa1t is not economically available.

The Govemment does not have sufficient, accurate, or legible data to purchase this pait from other tlian the cmTent som·ce. This code is under review and will be updated when the review iscomplete.

This part must be produced from class 1 castings Ullder MIL-STD-217 5.

The annual buy value of this pa1t falls below tlie screening threshold established by DoD.

Manufacture of this pa1t requires use of master or coordinated tooling.

Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity.

The rights to use the data needed to pm-chase tllis part from additional source(s) are not owned by the Govemment and cannot be purchased, developed, or othe1wise obtained.

The Govemment does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

The Govemment does not own the data or rights to the data nee.ded to purchase this pait from another source. It is not economical to procme the data or rights to the data.

Acquisition of this item is restricted to Govemment approved source(s) because the item involves milita1y sensitive technology.

The cost to the Govemment to breakout this part and acquire it competitively has been detemrined to exceed the projected savings over the life span of the pa1t.

This pai1 has been designated a high reliability pait. Probability of failure would be unacceptable. The engineering activity has detenni.ned that data to define and control reliability limits cannot be obtained.

The design of this part is unstable. Engineering, manufacturing, or perfo1mance characteristics indicate that the required design objectives have not been achieved.

This part is a commercial/no-developmental/off-the-shelf item.

NOTE: A technical certification is requil'ed fo1· acquisitions over $15 million

A VN F 01m S53, NOV 2023 CUI

8. Effo1is to ensme that offers are solicited from as many somces as practicable are:

I✓ I The acquisition will be synopsized onor about 21 AUG 2024 and any finn requesting a solicitation copy will be provided one. D A synopsis exception cited in FAR 5.202 applies:(Explain) _______________________ _

Manufactmers of similar products identified in the market survey will be solicited.

Dealers of the manufacturers will be solicited.

Other: (Explain) __________________________________ _

9. I hereby detennine that the anticipated cost to the Govemment will be fair and reasonable. (Explain) The overall cost of this acquisition will be fair and reasonable to the Govemme:ot. The contractor will be required to proi.<ide certified cost and pricing data pursuant to FAR Part 15.4 to support the govemme:ot's ei.'aluation of its proposed cost and/or pricing.. The contract price will be negotiated in accordance with the procedures in FAR part 12. Based on the foregoing, the Contracting Officer hereby detennines the anticipated cost to the Government will be fair and reasonable.

10. A market survey as defined by FAR 10:

11.

I✓ I was conducted, and foms indicating an interest in the acquisition will be solicited. Market research efforts, include:

Market Research as defined in FAR 10.001 was conducted based on knowledge of individuals within the requirements community. This is a newly provisioned item.

IA W DLA Broadcast Acquisition Memorandum (BAM) 201 S-27 published 12 June 2015 Contracting Officers are required to issue a Request for Infonnation (RFI) or Sources

Sought with the J &A when acquiring supplies from only one or limited number of responsible sources.

□ was not conducted due to: --------------------------------------

Additional facts suppo1iing other than full and open competition are:

[l]

[l]

Based upon the technical certification on file, technical data is not available and cannot be developed to pennit full and open competition. The data presently available reflects the 1ninimum needs of the Govemment.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in

6.302-l(a)(2)(ii)(A), an estimate if the cost to the Govemment that would be duplicated and how the estimate was derive.cl: ____________________________________________ _

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l (a)(2)(ii)(B), describe the tmacceptabledelays: ________________________ _

Other:------------------------------------------

STRAT TIMEFRAME: 16 JULY 2024 CASL PUBLISH DATE: 16 JULY 2024

12. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

9SWS7 BHPE,LLC

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain)

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION - FAR 6.304

O notexceeding $750,000 . ............. .... ........ ........ .... .................. . Contracting Officer CZ] over $750,000 not exceeding $15,000,000 ... .. ...... ........ .... .. .. Competition Advocate LJ over $15,000,000 not exceeding $100,000,000 ...... .. .... ........... Head of Contracting Activity

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION - FAR 6.303-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION - DLAD 1.691(e)(3)(i) DLA Counsel Aviation has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to

10 U.S.C. 3204(a)(l) and FAR 6.302-1 for sole source tactical acquisitions for NSNs in the federal supply system at or below $15 million. For acquisitions above S15 million, signature of the Aviation Deputy C hief Counsel is r equired to document legal sufficiency:

Name and Title Signature Phone Date

CONTRACTING OFFICER-FAR 6.303-2(b)(12) 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.

WENDELLAR JOHNSON, Contracting Officer

Name and Title

COMPETITION ADVOCATE- FAR 6.304(a)(2)

---Phone

28 August 2024 Date

The Competition Advocate for the procuring activity designated pursuant to FAR 6.50 I has reviewed and hereby certify that the information contained in this justification is acc.urate and complete to the best of my knowledge and belief. If over $750,000, but not exceeding $15 million this signature serves as the approval.

Nikki Hendrix HENDRIX.NIKKI. =~•~ ,~~

- Date: 2024.08.30 OQ::xi: , .. ~ovO' -- 30 August 2024

Name and Title Signature Phone Date

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3) The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $15 million, but not exceeding$ I 00 million.

Name and Title Signature Phone Date

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