Prophet Enhanced JA Redacted dated 3-16-20.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-R-0017

See FAR 2.101 & 3.104

Digital Receiver Technology Inc. (DRT), CAGE 1CAK9, is the Original Equipment Manufacturer (OEM) and is the only known manufacturer of the parts shown in the Table A.

General Dynamics Mission Systems, Inc. (GDMS), CAGE 1VPW8 is a secondary source for several of the parts shown in Table A.

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

Digital Receiver Technology, Inc (DRT). 12409 Milestone Center Drive, Germantown, Maryland, 20876

CAGE: 1CAK9

General Dynamics Mission Systems, Inc. (GDMS). 8201 E McDowell Road, Scottsdale, AZ 85257

CAGE: 1VPW8

The use of the authority cited below:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

[X] AMSC Z. This part is a commercial/non-developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

DRT is the Original Equipment Manufacturer (OEM) for the ten (10) NSNs included in Table A. GDMS is a secondary source for the parts shown in Table A. There are the only two (2) approved sources for these commercial items.

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

[ ] The synopsis [ ] Manufacturers of similar products identified in the market research will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[X] A synopsis exception cited in FAR 5.202(13) applies. (explain) This requirement is a Special Emergency Procurement Authority (SEPA) procedure with FAR 13.5 Simplified Procedures for Certain Commercial Items. FAR 13.105(b) states that when procuring commercial items the Contracting Officer may use a combined synopsis and solicitation.

[X] Other: the previous solicitation (cancelled for a re-solicitation) was posted on July 11, 2019, but only DRT responded to the solicitation. The reasoning for the re-solicitation is the items were determined to be commercial items, so the initial solicitation was cancelled and requirement re-solicited as commercial items.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

These items were previously procured from a Provisioning Parts List (PPL), which was a deliverable from contract W56KGY-17-D-0006. The contract had these spare parts on the PPL as sub-components of POR-B systems, Authorized Stockage List items to provide to units, and as replacements for failures over the 5+ years of the PE program. Since these spare parts were on the PPL as a deliverable on the contract, this requirement will be the first

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-R-0017

See FAR 2.101 & 3.104 time these items are purchased as individual spare parts. Price analysis will be conducted and it will compare the most relevant prices using two different/related Producer Price Index (PPI) indices as comparison. This comparison and other sources will be used to determine the proposed prices fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

In accordance with FAR Part 10, the U.S. Army Communication and Electronics Command (CECOM), Product Realization Systems Engineering & Quality Directorate (PRD) and DLA Land at Aberdeen conducted market research for this effort. The market research consisted of phone calls, posting to FBO, emails, and searching the following databases: WebFLIS, Army i2Log, Federal Procurement Data System (FPDS) and the internet. There is no procurement history for the PE spares. Contracts W56KGY-17-D-0006 and W15P7T-09-D-W401 are for the Prophet Enhanced Program providing training, technology insertion, production, testing to the retrofit of Prophet Spiral 1 Electronic Support Sensors to the Prophet Enhanced System configuration.

There were several Sources Sought Announcements (SSA) posted. On March 29, 2019, the DLA Land at Aberdeen Contract Specialist (KS) posted an SSA to FBO to determine if there were additional sources to supply the spares for the PE System. One response was from DRT, and a CECOM PRD engineer determined them to be a valid source to provide the spares in consideration. On December 13, 2018, another SSA was posted with responses due December 27, 2018. DRT responded to this SSA as well. On September 25, 2019, another SSA was posted for the spare parts in consideration, and General Dynamics Mission Systems (GDMS), located at 8201 E McDowell Road, Scottsdale, Arizona, responded to this SSA stating they could provide the spare parts as a supplier of DRT, but GDMS is unable to produce those parts. GDMS is currently the Prime Contractor for the PE System to the US Government under the contract W56KGY-17-D-0006.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[X] A market survey was conducted on: March 29, 2019.

Total number of vendors contacted: Please see results listed above under Market Research.

Techniques used to conduct survey: Notices posted to FBO website.

Types of information requested: The notice intended to identify sources capable of supplying the spares for the Prophet Enhanced System.

Summary of information received: Please see results listed above under Market Research.

Information received regarding the commerciality of the item(s): Please see results listed above under Market Research.

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

[X] Other: The Government does not own Technical Data Packages (TDP) to manufacture those items. Based on extensive market research, one cannot compare the form, fit, functionality of one item to another without a complete TDP. GDMS is an approved secondary source for the parts listed in Table A; however, GDMS stated that the company is unable to produce those parts in response to a sources sought announcement. Furthermore, GDMS did not response to DLA’s market survey. DLA will provide a copy of the solicitation to both DRT and GDMS.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Digital Receiver Technologies Inc. (DRT); CAGE: 1CAK9 General Dynamics Mission Systems (GDMS); CAGE 1VPW8

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