JA-24-D-744_EX24048 DT-B-WAQ Albania L3HARRIS MTCS_Redacted.pdf

J&A CONTROL NO: JA-24-D-744

CONTRACTOR: L3HARRIS

PROGRAM: DT-B-WAQ

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Program/Equipment/Software: Foreign Military Sales (FMS) Case DT-B-WAQ Albania, for the procurement of one (1) Mobile Tactical

Command Shelter (MTCS).

Authority: 10 U.S.C. § 3204(a)(1), as implemented by FAR 6.302-1(a)(2), When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Amount:

Prepared by: Manuel Iglesias (520) 671-4382 SAMD Engineer Date: 25 JULY 2024 Email: manuel.s.iglesias.ctr@army.mil

Contracting Officer: Aqua Jefferson (520) 671-4180 Contracting Officer, ACC-APG Date: 25 JULY 2024

Email: aqua.m.jefferson.civ@army.mil

Technical: Paul Furman (520) 674-5260 Mechanical Engineer, IMD SAMD Date: 25 JULY 2024

Email: paul.m.furman2.civ@army.mil

Requirements: Cesar Cuba (520) 671-1406 CECOM SAMD IMB Date: 25 JULY 2024

Email: cesar.cuba.civ@army.mil

Controlled by: Army Controlled by: IMB- SAMD CUI Category: General Procurement and Acquisition Distribution/Limited Dissemination Control: FEDCON POC: Manuel Iglesias, (520) 671-4382

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity:

Army Contracting Command - Aberdeen Proving Ground 6515 Integrity Court, Building 4310 Aberdeen Proving Ground, MD 21005

2. Description of Action: The Communications Electronics Command Security Assistance Management Directorate (CECOM-SAMD) requests a new commercial Firm-Fixed-Price (FFP) supply contract to L3Harris Global Communications, Inc., 1350 Jefferson Road, Rochester, NY 14623-3106. This purchase is for a quantity of one (1) Mobile Tactical Command Shelter (MTCS), for the country of Albania. The MTCS will be utilized for the installation and integration of existing and future L3Harris equipment.

. The Government projects award no later than 30 September 2024 using

FY23/24 333 Funds with a five (5) month period of performance from approximately 29 September 2024 to 28 February 2025. This is a Foreign Military Sales (FMS) Case DT-B-WAQ in support of Albania using FMS Pseudo Funds. For the item listed below.

The estimated value is

3. Description of Supplies/Services:

QTY Part Number Description 1 Mobile Tactical Command

Shelter (MTCS) Consisting of:

1 11470-2020-01 Integrated Area Comms System

Shelter - S-788 Includes:

1 Shelter Generator set, ECU 1 Network Rack and networking equipment 1 Internal Radio Racks and I/O Panels

Note: Integrated Area Comms System Shelter - S-788 is a common platform to integrate communications equipment from their inventory or purchased in parallel on the FMS IDIQ contract. It is fit to existing platforms without requiring extensive reconfiguration.

4. Authority Cited: 10 U.S.C. § 3204(a)(1), as implemented by FAR 6.302-1(a)(2), -- When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

5. Reason for Authority Cited: As described in FAR 6.302-1(a)(2), When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. L3Harris Global Communications was identified by CECOM-SAMD as the only vendor that can provide the MTCS with the requisite components and engineering expertise as the shelter must be able to be integrated with existing L3Harris radio and vehicle intercom equipment in Albania’s . It was ultimately determined that L3Harris is the only vendor who detailed a shelter that will allow for successful integration with existing L3Harris radio and vehicle intercom equipment currently in-country supporting Albania’s .

Integration and installation shall include the capability to upgrade, install, and integrate the current L3Harris equipment procured for Albania as well as compliment the proposed vehicle for mounting.

L3Harris also has the requisite engineering experience for the installation and required integration functionalities ensuring standardization. L3Harris’s MTCS will allow for: the continuity of Albania’s mission operations, command and control execution, and training for operations and maintenance personnel. Otherwise, the Albanian Armed Forces will be exposed to financial, operational, and collaborative risks as a government and defense entity. This would put assets at risk in the command infrastructure and could negatively impact the country of Albania’s operational Military Command and Control (C&C).

In addition to the above, other similar products lack key capabilities required to integrate into the existing system. This includes proprietary information about the tolerances and mounting specifications for the equipment currently provided in-country. If the Government were to qualify another manufacturer’s shelter the risk is high of not meeting the existing engineering exacting tolerances such as: load balancing, dynamic movement stressors, structural integrity and exact placement for equipment, which are proprietary to L3Harris. This is integral because the cables are customized, precise location of racks and equipment, power and signal entry and distribution within the shelter, engineering diagrams and placement of equipment. These requirements and specifications will need to be maintained in the shelters qualified by the Government. Utilizing L3Harris’ MTCS platform will guarantee the required equipment, shelter, installation, and engineering compatibilities remain intact and ensure standardization and technological compatibility.

Lastly, if the Government does not procure the MCTS’s from L3Harris the Government would experience a duplication in costs in the amount of approximately $3,100,000.00. This figure comprises the cost of migration to a different mobile shelter which would include engineering costs associated with installation and integration of a new shelter with established equipment.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201, and any bids or proposals received shall be considered.

a. Effective Competition: On 24 July 2024, the Contract Specialist posted a Notice of Intent to Sole Source to L3Harris on SAM.gov. The closing date was 7 August 2024. To date, no response has been received from industry.

b. Subcontracting Competition: L3Harris will be required to submit a subcontracting plan that will maximize subcontracting to small business and small disadvantaged businesses. Performance will be monitored using the Electronic Subcontracting Reporting System (eSRS).

7. Actions to Increase Competition:

If there are future requirements to provide these types of shelters, CECOM-SAMD will explore all options available to award the next contract. The Government will continue to perform market research to determine whether any other vendor can provide a production ready exportable version of a suitable Mobile Tactical Command Shelter (MTCS). However, the L3Harris radio and vehicle intercom equipment, which need to be integrated into the shelter, were procured under a different contract via an LOA with a country-directed Sole Source note to L3 Harris. While the Government will continue to perform market research, as long as there is a country-directed sole source note for the aforementioned equipment this could prevent competition from occurring- if integration of in-country equipment is also a part of the requirement.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sources Sought Notice was posted on SAM.gov on 18 June 2024. The closing date was 02 July 2024. responses were received from industry, including L3H.

CECOM SAMD reviewed these responses and found that only L3H’s submission could meet the Government’s requirements. The following narrative details CECOM-SAMD’s findings:

L3Harris

a. Vendor can meet the requirement