Signed_Sole_Source_Justification.pdf

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The F-35 as a composite type aircraft does not provide inherent passive lightning protection. As per the attached Action Request (AR) number S055UNUS01-1-1179361 (technical authority) and CONOPS for sustainment support of the F-35 Lightning Protection, the Lightning Rods were identified as Government Furnished Equipment. The following are the descriptions:

Portable Lightning Rods. Part No. PLP38PK-MOB. MFR: LBA Technology Inc.. Protects aircraft 24/7 when parked in open, austere, and lightning conditions are forecasted/exists. Minimum height of 50 feet.

Designed to conduct a lightning strike with a magnitude of up to 200 kA. Supplied with a grounding cable that is a minimum of 50 feet in length and a wire gauge of 2/0 AWG. Withstands exposure to rainfall at rate of 1.4 inches per hour, winds up to 120 mph without being fastened to the ground, and ice acceration of up to 3 inches. Operates and stored at temperatures of negative 60 degrees to 160 degrees. The required delivery date is 8-10 weeks after receipt of order.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Market research was performed via the Internet and found a few lightning rod manufacturers; but did not find one that manufactures for the F-35 aircraft. The Lightning Rods is only available from LBA Technology Inc. and manufactured for F-35 use only. Based upon extensive research from the F-35 Joint Program Office, this is the only lightning rod that meets the established program requirements. The lighting rod kits from LBA technology are the lightning rods and kits needed and the only JTD requirement. The government F-35 Joint Program Office does not know of other source that provides or meets the requirement per JTD and established program requirements.

The manufacturer does not have an authorized distributor and there are no substitutes available. Since the F-35 as a composite type aircraft does not provide inherent passive lightning protection, the lightning rods being requested are needed for deploying aircraft to any expeditionary airfield in support of combat operations or training exercises that do not support all lightning protection requirements for the F-35B. Final response to the attached Action Request (AR) number S055UNUS01-1-1179361 (technical authority), references PLP-38-MOB (02) (lightning rod) from LBA Technology Inc. as the approved solution. Previous purchase by MALS-13 in support of VMFA-211 of the Lightning Rod, PLP-38-MOB (02) (lightning rod) from LBA Technology Inc. has proven its effectivity during deployment to any expeditionary airfield in support of combat operations or training exercises that do not support all lightning protection requirements for the F-35B.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

Sgt Hazel / 255-3615 3 Aug 2018

Steve Schmid, 645-2577 3 Aug 2018