JA6.3021SPE7MX23R0109.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23R0109

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

CUI Category: Source Selection Distribution/Dissemination Control: FED ONLY

POC: edwin.caraballo@dla.mil

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

CUI

Source Selection Information-- See FAR 2.101 and 3.104

ORIGINAL

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. The resulting contract will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract under FAR Part 15 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

3. The supplies/services required to meet the using activity’s needs are described as follows:

CLIN

NSN

ITEM NAME

UI

AMC

AMSC

ADQ

Estimated ADV

0001 5985015329884 ANTENNA EA 1 C 1958

Identify end item, weapon system, or class of item: This part is a vertically polarized, omni-directional antenna specifically designed to meet rigorous, environmental and mechanical conditions encountered in a military environment. It provides VHF communications for a range of military vehicles and can be used with any radio that operates within its 30-88 MHz frequency.

End Item description and Weapon System

CLIN NSN Weapon System Designator Code End Item

0001 5985015329884 29A CARRIER, PERS M-113A1, M-113A2, M-113A3

The estimated base value is , with an estimated total value (Base + Option) of , and a maximum contract value of .

4. The statutory authority permitting other than full and open competition is: 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources. The items needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Company CAGE Part Number

ATLANTIC MICROWAVE CORPORATION DIV 28916 COM231

L3HARRIS TECHNOLOGIES, INC. 00752 C200-1-1

R. A. MILLER INDUSTRIES, INC. 05211 RAMI231

SOLICITATION SPE7MX23R0109

DLA Land & Maritime Justification for Other Than Full & Open Competition

The use of the authority cited below:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, and engineering skills, by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

Atlantic Microwave Corporation (28916), L3Harris Technologies, Inc. (00752), and R. A. Miller Industries, Inc.

(05211) are the only approved manufacturing sources by the design control activity. These manufacturers retain data rights, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

The Quality Assurance Specialist certified on 6/5/2023 that the AMC/AMCS code for this NSN is correct and validated the manufacturers, part numbers and this item will be used to replace the antenna for the M113 which is a fully tracked armored personnel carrier (APC) and other weapon system platforms. This item is the only replacement part that will function properly in the end item in accordance with the military requirements.

The Government lacks the technical data needed to acquire this item competitively and the rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. An alternate source must qualify in accordance with the design control activity’s procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application.

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

a. The acquisition will be synopsized on or about September 8, 2023, and it will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. A Sources Sought notice was posted on July 31, 2023, on SAM.gov for 7 calendar days to find potential sources for this NSN and no responses were received from companies interested to be manufacturers for this item.

c. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity

(ESA).

SOLICITATION SPE7MX23R0109

DLA Land & Maritime Justification for Other Than Full & Open Competition

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable: In the event adequate competition is not received, cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. In addition to any audits completed, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable. In the event manufacturer competition is received, this will be used along with price analysis and buy history to determine that the contract award prices are fair and reasonable.

8. Market Research/Efforts to Obtain Competition: Previous abstracts were reviewed to search for other companies that have participated at previous awards. Although the Dynamic Small Business Search (DSBS) was used to located additional small businesses but was not able to find small companies other than R.A. Miller. A sources sought notice was issued on 7/31/2023, on SAM.gov website to seek out and encourage additional sources and vendor participation. The sources sought notice closed on August 7, 2023, and there were no responses received to this notice. Market research was conducted by the Sourcing Strategy Branch, ZAA. The Sourcing Strategy Specialists (SSS) sent out the market survey on May 31, 2023, to L3Harris Technologies, RA Miller, and Atlantic Microwave. L3Harris Technologies and RA Miller responded indicating an interest in this LTC solicitation.

Market Survey [10 U.S.C. 3204(e)(2)(D)]: A market survey was conducted on/during: 7/31/2023- 8/7/2023.

Total number of vendors contacted: 3.

1. L3Harris Technologies (00752)

2. R. A. Miller (05211).

3. Atlantic Microwave Corporation (28916)

Names of vendors contacted and responding:

1. L3Harris Technologies (00752)

2. R. A. Miller (05211).

Techniques used to conduct survey: emails, phone, SAM. Gov, Market Survey Questionnaire, GSA Advantage part number searches, and the Dynamic Small Business Search Database (DSBS).

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

A follow-up emails was sent to the companies that did not respond to the market survey and no responses were received.

Summary of information received: The Demand/Supply Chain Analyst attempted to conduct market research with the companies listed above to assess their interest and capability to perform and two companies indicated an interest which were: L3Harris Technologies (00752) and RA Miller (05211).

SOLICITATION SPE7MX23R0109

DLA Land & Maritime Justification for Other Than Full & Open Competition

Company Name

CAGE

CODE

Business

Size

KTR

Interested in an LTC

KTR Total

Years Preference

KTR

Prefers a

Firm Fixed Priced

Contract

KTR Will provide Cost

& Pricing Data if

Required

Commercial

Items

L3 Harris Technologies, Inc 00752 LG YES NO R. A. Miller Industries DBA RAMI 05211 Small YES NO

Atlantic Microwave Corporation 28916 Large No Response

Commercial Determination: Per FAR 2.101 (b) the item in this solicitation has been determined to be non- commercial.

The following factors that have led to these conclusions are:

A search of the internet was done and there is no evidence that they have been sold to other than the military.

Item is not commercially price listed.

L3 Harris (00752) and R.A. Miller DBA RAMI (05211) indicated that item is not commercial.

There are no known commercial applications. This item is used on the M-113A1, M-113A2, M-113A3 which are

Armored Personnel Carrier and other weapon system platforms.

NSN is not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of this item is to sustain numerous critical weapon system platforms and their supporting equipment. As such, this item has strict configuration and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The GSA Schedule was checked for this NSN, and no information was found.

Therefore, it is the determination of the contracting officer that this item is not commercial and FAR Part 15 will be applied to the solicitation.

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

a. 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.

b. A technical review was completed by the / Quality Assurance Specialist for FLDB-LTC.

The subject NSN have been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: L3 Harris Technologies, Inc. (CAGE:

(00752) and R. A. Miller Industries DBA RAMI (CAGE: (05211) were the companies that responded to the market survey and expressed an interest in the acquisition. As such, both companies will be in the solicitation mailing list.

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

SOLICITATION SPE7MX23R0109

DLA Land & Maritime Justification for Other Than Full & Open Competition

12. The Contracting Officer searched for the previous award listed in the contract history at Record Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304. The Acquisition Specialist was able to locate a Justification in Record Management for contract# SPE7MX19D0057.

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.

Contracting Officer

Attachment(s):

1. Previous J&A for Contract SPE7MX19D0057.

2. Tech Certificate.

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X] Over $750,000 to $15,000,000 Competition Advocate

CARABALLO.EDWIN.12

53443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2023.09.13 06:26:31 -04'00'

DAPO.DOUGLAS.A.123

0220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.09.19 17:04:05 -04'00'