Limiting-Competition-under-SAT_ACC_Slingshot_20-018_signed.pdf

Control No: 20-018

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: 408th CSB, RCO Erbil, Iraq.

2. Description of Action: Brand Name – Slingshot Vehicular & Man-pack Antenna Sys

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X Purchase Order Number ____TBD__________

Blanket Purchase Agreement (BPA) Number Order/BPA# _______ against FSS Contract #_____

Order #___________ against Multiple Award IDIQ Contract Name or

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: X Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2020 .

Name of Proposed Contractor(s):

Ultisat. US based company.

Inmarsat. US based company.

TrustComm. US based company.

Skymira US based company.

Spectra Group (UK) LTD. Based in the UK. The company that manufacturers the Slingshot equipment.

Brand Name Buy: X Yes No

3. Description of Services or Supplies: This purchase if for Slingshot vehicular and man-pack antenna systems. These systems convert radio frequency to permit radios to communicate with commercial tactical satellites. They are commercial off the shelf (COTS) products. Each Slingshot integrates into an existing radio in a man portable or vehicle mounted setup.

Slingshot Vehicular System – UHF, SG-SS-VF-1001, QTY: 53

Man-pack System – UHF MBITR/152 Battery, SG-SS-MP-1002, QTY: 45

Review Sling Purchase Description for complete breakdown of each slingshot system.

Delivery: 60 days ADC

Total Value: $603,770.00

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. The Slingshot antenna systems are currently being utilized in theater. These systems allow for CJOA C2 communication to continue transitioning away from failing legacy satellite constellations, over to newer more reliable satellites. Slingshot will also permit the integration of US and nine coalition partner communication platforms into a common architecture, providing Beyond-Line-of-sight (BLOS) communication across the CJOA.

Under current circumstances, the Slingshot brand name specifications are the only brand that can meet the government’s requirement to integrate US and coalition partner communications. No other known brand of equipment is compatible with the current COMSAT service and existing equipment.

b. IAW FAR 11.105 Items peculiar to one manufacturer (not a single vendor), (a)(2)(i) states “the authority to contract [for brand name] without providing for full and open competition is…6.302-1” and (a)(2)(ii) states 13.106.1(b).

c. Due to the fact that “Brand Name” is used in various sections, but not formally defined in the FAR, DFARS, or AFARS, the precedent of what a “Brand Name” is stems from FAR 6.302-1 “Only one responsible source…”; whereby (a)(2) and (b)(1)(ii) states “only one responsible source, or for…DoD…,from only one or a limited number of responsible sources…” Additionally, (c)(1)(i) further explains that a [brand name description] “Does not provide for full and open competition, regardless of the number of sources solicited.”

d. Therefore, with the reference to 13.106-1(b) in FAR 11.105, and the precedent set by FAR 6.302-1 that brand name for DoD is from one or a limited number, it is reasonably concluded that when FAR 13.106-1(b)(1) states that “brand name” is an example of and included in “soliciting from a single source”, that that portion for DoD usage extends to multiple sources that can provide the “Brand Name” item.

e. Without this brand name requirement, the customer’s communicate capabilities will be severely limited.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or X do not apply due to an exception at 5.202(a)(13).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required X Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was conducted from 4-5 & 12 FEB 20 and revealed the following:

This product was purchased three previous times. The previous procurement actions had different variants of what was requested in this action. This variation is why “Total Dollars obligated” diverges.

a. W56KGZ-18-P-6020, Total Dollars obligated: $264,958.10

- Slingshot Vehicular System (SG-SS-VF-1001), Unit Price: $6,196.40, Qty: 40

- Various associated parts, Total Price: $17,102.10

b. W56KGZ-18-P-6037, Total Dollars obligated: $91,402.10

- Slingshot Vehicular System (SG-SS-VF-1001), Unit Price: $6,092.78, Qty: 10

- Man-pack System UHF (SG-SS-MP-1002), Unit Price: $6,094.86, QTY: 5

c. W56KGZ-19-P-6034, Total Dollars obligated: $192,827.00,

- Slingshot Vehicular System (SG-SS-VF-1001), Unit Price: $5,954.00, Qty: 28

- Various associated parts, Total Price: $26,115.00

CHESS and the C3T PEO office were contacted. There are no known required sources of supply for this requirement.

GSA vendors were contacted to determine if any could meet the requirement. Only one vendor was able to meet the requirement through GSA. Other vendors indicated that they could fulfill the requirement if the action was competed through FBO.

8. Other Facts: In addition to the information provided supra, it was noted that all previous purchases identified during market research were also executed as brand name requirements to maintain integrity of US and coalition partner communications under the same authority.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Maj CRAIG DEVITO Date: xx Feb 2020 J4 Director, CJSOTF-OIR 20.1 Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon market research results, expected competition, and the IGE.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a “Brand Name” requirement is in the best interest of the Government. Additionally, I approve this brand name justification subject to the availability of funds and provided that the supplies herein described have otherwise been authorized for acquisition.

MSgt Stephen Makowsky Date: 13 Feb 2020 Contracting Officer Signature:

2/13/2020

X Right-Click "Signature Setup" Signed by: MAKOWSKY.STEPHEN.C.1239384877

Approval

Based on the foregoing justification, I hereby approve the procurement of Slingshot Vehicular & Man-pack Antenna Systems on a Brand Name basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the supplies herein described have otherwise been authorized for acquisition.

LTC Douglas M. Miller Special Advocate for Competition