Redacted JA SPRAL121R0019.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-21-R-0019

DLA Land and Maritime Justification for Other than Full and Open Competition

(May 2018)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J & A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies for the Power Supply (NSN 6120-01-627-4887).

Other than a full and open competition basis FAR 6.302-1 and 10 U.S.C. 2304(c)(1) will be utilized.

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

The supplies required to meet the using activity's needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Power Supply 6120-01-627-4887 17.00 B

The Power Supply is a component which converts available alternating current or direct current electrical power into a form required to operate another component or set.

Identify end item, weapon system, or class of item:

Table of Authorized Material Control Number (TAMCN): A02427G – The end item is NSN 5895-01-580- 5073, Satellite Communication Subsystem, which is several different items mounted or linked together to form part of a satellite system but does not constitute a complete functioning item.

ESTIMATED CONTRACT VALUE:

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

[ X ] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources. The Marine Corps technical data determined the current NSN is in accordance with approved source: CPI Satcom Technologies (CPI Satcom) CAGE 0P0N7 for part number 0025-0P-0501.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On January 21, 2021, , USMC Satcom Equipment Specialist certified that the technical information, including the AMS/AMSC code and approved source, was complete and accurate. The NSN is sole source to CPI Satcom (0P0N7) per the DLR tech data from Albany, GA. CPI Satcom is the only manufacturing source specified on the source control or selected item drawing and CPI Satcom is the only source known to have the data and capability necessary to manufacture this item to satisfy the military’s requirement and the Government does not have complete drawings or data to make the acquisition fully competitive.

The use of the authority cited is based on:

[ 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 B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application.

Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

[ X ] The acquisition will be synopsized on or about May 25, 2021 for 15 days [ X ] Other. (Explain) A Source Sought Notice (SSN) posted to beta.SAM.gov from March 19, 2021 to March 29, 2021, with no responses received. The solicitation will be published for 30 days.

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

Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the award date, contract number, quantity, unit price, total value, awardee and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC)

SPRAL119C0005 1/24/2019 General Dynamics Satcom

CAGE 0P0N7

15 $22,785.75 $341,786.25 BG

SPRAL116M0065 4/25/2016 General Dynamics Satcom

CAGE 1GD22

7 $15,766.25 $110,363.75 BG

SPRAL114M0086 8/6/2014 General Dynamics Satcom

CAGE 1GD22

2 $23,187.50 $46,375,00 BB

History indicates the Power Supply for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted.

The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00;

therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government’s targets and later deeming prices fair and reasonable for this procurement.

8. Market Research/Efforts to Obtain Competition:

Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM CPI Satcom (0P0N7) who handles the quoting and contract processing for CAGE 1GD22 and who both have the same parent company under CAGE 03ZJ4, Communication & Power Industries, LLC. A Sources Sought Notice (SSN) with the market survey attached posted on beta.SAM.gov from 3/19/2021 to 3/29/2021, for the procurement of the Power Supply.

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

[ X ] A market survey was conducted on/during March 19, 2021 to March 29, 2021.

Total number of vendors contacted: One (1): CPI Satcom (0P0N7) with no response received.

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to Beta.SAM.gov on 3/19/2021 with response day of 3/29/2021. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN in order to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Note L22, Restriction of Alternate Offers for Source Controlled Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the sources listed on the source control drawing, as indicated by AMSC code B.

DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery and OEM information.

Summary of information received:

The buyer sought information from the only approved source CPI Satcom (0P0N7) but they did not respond to the market research email by March 29, 2021. The buyer called the OEM CPI Satcom on March 31, 2021, as a follow-up to the market survey request and sent a follow-up email to the OEM on March 31, 2021. The buyer emailed a second follow-up email to the OEM on April 13, 2021. The OEM did not respond to the market research so the buyer moved forward with what was known. A Google search was conduced using the part number 0025-0P-0501 and NSN 6120016274887, but no information was found that could substantiate or determine the item to be commercial. Additionally, a General Administration Services (GSA) search was conducted with no GSA contracts found for the part number 0025-0P-0501. See Attachment 2.

Information received regarding the commerciality of the item(s): Based on the above, the OEM, CPI Satcom did not respond to the market survey, therefore, no supportable commerciality documentation was available.

The item is unique to the Government and is made specifically in support of the Satellite Communication Subsystems used for Marine Air-Ground Task Force. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace. The item is not available in the commercial marketplace. Therefore, the Contracting Officer hereby determines this item to be a non-commercial item.

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

[ X ] 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) None

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

[ X ] Solicitation contains DLA Procurement Note, L22, Restriction of Alternate Offers for Source Controlled Items

DLA Land and Maritime Justification for Other than Full and Open Competition (May 2018)

[ X ] Other: The Marine Corps does not intend to procure the technical data necessary to promote competition. A SSN posted to beta.SAM.gov for 10 calendar days without receiving any responses for vendor to submit a SAR.

12. The previous J&A SPRAL117R0015, is attached.

Attachments:

1. DLR Tech Data Cert

2. Previous J&A (SPRAL117R0015)

3. Google Search

CONTRACTING OFFICER CERTIFICATION

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.

Cerita F. Sellers

Date

Contracting Officer

APPROVAL REQUIREMENTS

( X ) Up to $750,000 Contracting Officer

SELLERS.CERITA.F.1250

708994

Digitally signed by

SELLERS.CERITA.F.1250708994

Date: 2021.05.26 11:26:10 -04'00'