Redacted JA SPRAL123R0005.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

[ 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 on other than a full and open competition basis.

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

AMPLIFIER,RADIO,FRE 5996-01-642-9980 90.00 D

The Amplifier Radio Frequency (RF-410) supports vehicle and fixed-mount radio systems, which do not require a shock mount.

Identify end item, weapon system, or class of item: The end item is used on the Command and Control-Air INC 2 (V-22 Osprey Network On The Move (NOTM)) for the Marine Corps tiltrotor aircraft. The tiltrotor is an aircraft that generates lift and propulsion by way of one or more powered rotors (sometimes called proprotors) mounted on rotating shafts or nacelles usually at the ends of a fixed wing.

ESTIMATED BASE VALUE: $

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

[ X ] 10 U.S.C. 3204(a)(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: L3Harris CAGE 14304 for part number 12084-0900-03.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On April 18, 2023, USMC Logistics Command (LOGCOM) Equipment Specialist certified the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The approved source retains the technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

The use of the authority cited below:

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

SOLICITATION

The use of the authority cited is based on:

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid to qualify in accordance with the design control activity's procedures, 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 11 May 2023.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from November 17, 2022, to November 29, 2022, 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. There is no procurement history for this NSN via Haystack and Eprocurement. 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:

Describe the market research conducted and the results. Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM L3Harris (14304). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 11/17/22 to 11/29/22, for the procurement of the Amplifier Radio Frequency.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X ] A market survey was conducted on/during November 17, 2022, to November 29, 2022.

Total number of vendors contacted: One (1) Names of vendors contacted and responding: L3Harris (14304) responded to the market survey.

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

Types of information requested: A SSN was posted to SAM.gov on 11/17/22 with response date of 11/29/22. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code D. 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, Freight On Board (FOB), Inspection and Acceptance, part number, quantity, delivery, and OEM information.

SOLICITATION SPRALl-23-R-0005

Summa1y of info1mation received: The buyer sought inf01mation from the only approved large source L3HaiTis (14304) on 11/17/22. The OEM submitted their response on 11/29/22. The contractor did not provide an estimated delivery. The contractor indicated the raw material com onents drivin the rice of the item com onents are commercial.

The buyer sent a follow-up email to the OEM on 3/15/23, requesting the OEM provide the delive1y in days and provide the commercial price list as it was not attached to the first time buy questionnaire as indicated. The buyer requested the OEM provide a co of the contract referenced as the DoDAAC SPRMMl is not in the DLA E rocurement s stem.

The buyer sent a follow-up email to the OEM on 3/17/23, requesting they complete the Commercial Item Dete1mination (CID) questionnaire. The contractor responded on 4/14/23, completing the CID which provided additional documentation to substantiate their commercial claim (see attachment 2). The OEM indicated the NSN was awai·ded against DLA IDIQ, SPE7MX-22-D-0010, in accordance with FAR Pait 12. The buyer confumed with the DLA Land and Mai·itime long-te1m contract (LTC) buyer the NSN 5996-01-642-9980 was awarded against an IDIQ in accordance with FAR Pait 12 procedures.

Info1mation received regai·ding the commerciality of the item(s): Based on the above, the OEM L3HaiTis submitted su 01table documentation to su 01t a commerciali item dete1mination CID on 4/14/23 e item, Amp 1er Ra 10 Frequency SN 5996-01-642-9980) is deemed commercial in accordance with FAR 2.101 (b )(1 )(ii), that is of a type customai·ily used by the general public or by non-governmental entities for pmposes other than governmental pmposes, and has been offered for sale, lease, or license to the general public. The item is available in the commercial marketplace. Therefore, the Contracting Officer hereby dete1mines this item to be a commercial item.

9. Additional facts suppo1ting other than full and open competition are:

SOLICITATION SPRALl-23-R-0005

[ X ] Based upon the attached technical ce1iification, 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) L3Hanis (CAGE 14304)

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

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Paii Number Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Pali Numbered Items [X ] Other: The Mai·ine Corps does not intend to procure the technical data necessaiy to promote competition. A Sources Sought Notice (SSN) posted to SAM.gov for 10 calendai· days without receiving any SAR responses from vendors.

12. This requirement is a first time buy for DLR Albany (DoDAAC SPRALl ). DLA L&M procured this item previously, therefore, the J &A for solicitation SPE7MX-21-R-00 17, is attachment 4.

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.

SELLERS.CERITA.F .1 Digitally signed by

SELLERS.CERITA.F. 1250708994

250708994 Date: 2023.05.17 07:03:41 -04'00' 17 May 2023

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

DAPQ.DQLJGLA Digitallyslgnedby

DAPO.DOUGLASA.1230220014

S.A.1230220014 Date: 2023.05.261511:28-04'00"

Competition Advocate

[ ] Up to $750,000

[ X] $750,000 to $15,000,000

Date

APPROVAL REQUIREMENTS

Contracting Officer

Competition Advocate

CUI

SOLICITATION [ZSOLICITATION_NUMBER]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

CUI

Attachment(s):

1. DLR Tech Data Cert

2. L3Harris Commercial Item Description (CID) Questionnaire

3. L3Harris (14304) Commercial Catalog Price List

4. Previous DLA L&M J&A SPE7MX21R0017