Justification and Approval_Redacted.pdf

DEFENSE LOGISTICS AGENCY

DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

Controlled By: DLA Distribution J7-AB

CUI Category: Procure (General Procurement) Distribution/Dissemination Controls: FED ONLY

POC: Steven Lesh,7177708453, steven.lesh@dla.mil

Template v2.1, Effective September 27, 2024 1

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA DISTRIBUTION ACQUISITION OPERATIONS (J7)

5430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

Contracting Officer: Erik J. Smith Erik.Smith@dla.mil Name Email Address

Acquisition Specialist: Steven Lesh Steven.Lesh@dla.mil Name Email Address

2. NATURE / DESCRIPTION OF ACTION BEING APPROVED: (Inclusive of contract type)

This is a sole-source action that will utilize the procedures in FAR Parts 12 & 13.5 and be awarded as a new FFP purchase order to GATR Technologies, Inc.

Expected Number of quotes/offers: One (1)

*More than one (1) quote/offer identifies this as a single/sole source (brand name) action.

Use of a sole-source contract is in the best interest of the agency concerned or This order represents the best value consistent with FAR 8.404(d).

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY’S NEEDS:

, GATR TECHNOLOGIES, INC. , Extended Warranties – These warranties are required to cover all antenna replacement parts and labor necessary to maintain GATR Antenna units with the following serial numbers:

The GATR Antennas provide the

Cubic, GATR TECHNOLOGIES is the brand name manufacturer of the GATR Trac antennas and replacement parts and are essential to equirements.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is:

(Check the applicable U.S.C. authority from the listing below)

10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1)

10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-2, DFARS 206.302-2))

10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-5, DFARS 206.302-5)

10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7)

X 41 U.S.C. 1901 or 41 U.S.C. 1903, This J&A satisfies the FAR 13.501(a)(1) and (2) regulations to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial product or service with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options)($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by FAR 13.5.

This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part

15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A))

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed

IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

GATR antennas are an operational requirement for the

Cubic, GATR TECHNOLOGIES is the only manufacturer capable of providing the antenna parts required at the level of quality required.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

A sole-source notice will be posted to the GPE, SAM.gov.

7. DETERMINATION OF FAIR AND REASONABLE COST:

A determination of price reasonableness will be made by the Contracting Officer at the time of award.

The determination will be documented in a Price Reasonableness Memo.

8. DESCRIPTION OF MARKET RESEARCH:

Currently, the Cubic GATR Trac antenna is the most well suited and cost-effective solution in providing mission critical imagery data to Army warfighters, US Joint Forces and our Allies.

The Army is continually looking to reduce the footprint of fielded systems and increase the transportability of such systems.

9. OTHER SUPPORTING FACTS:

Include any other facts supporting the use of other than full and open competition, such as:

___ Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

___ When FAR 6.302-1, only one responsible source, is cited for follow-on acquisitions as described in FAR 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

___ When FAR 6.302-1, only one responsible source, is cited, as described in DFARS 206.302(d) and

DFARS PGI 206.303-2(b)(i)(A), include the results of the request for information (RFI)/Sources Sought Notice posted IAW DFARS PGI 206.302-1 (unless the requirement to post has been waived).

___ When FAR 6.302-1, only one responsible source, is cited, as described in FAR 6.302-1(c)(1)(B), indicate that the use of such descriptions (brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer) in the acquisition or portion of an acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

___ When FAR 6.302-2, unusual and compelling urgency, is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

___ When FAR 6.302-6, national security, is cited, describe how disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements). This authority must not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

_X_ For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.

___ For a sole-source 8(a) contract over $100 million, include such other matters as the head of the agency concerned shall specify for purposes of this section.

___ Other facts supporting the justification:

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

None.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE/OVERCOME BARRIERS

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES/SERVICES IS

REQUIRED/MADE:

The Army is continually looking to reduce the footprint of fielded systems and increase the transportability of such systems.

12. STATEMENT OF DELIVERY REQUIREMENTS:

A total of four extended warranties will be provided, each with a period of performance (PoP) of one year. The PoP will begin at the conclusion of the current warranty’s expiration.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED BY

THIS JUSTIFICATION:

ENDORSEMENT

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION (FAR 6.303-1(c) or FAR 8.405-

6(c)(2)(x)):

I certify that the facts, representations, and any supporting data under my cognizance which are included in this justification and its supporting acquisition plan which form a basis for this justification are complete and accurate.

Technical Cognizance:

(Requirements originator)

Sumer Martin Supply Specialist Name Title Phone Signature Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-1(a)(2 or FAR 8.405-6(c)(2)(ix)):

(Note: Pursuant to FAR 6.304(a)(1), FAR 8.405-6(d)(1), or FAR 13.502(a)(2)(i), this certification also serves as approval for justifications not exceeding $700,000, unless a higher approval is established IAW agency procedures)

I certify that this justification, including its supporting acquisition plan, is accurate and complete to the best of my knowledge and belief.

Erik J. Smith Contracting Officer (717) 770-3167 Name Title Phone Signature Date