SP-B-WBT - Brand Name JA__ Viasat VM300M_Signed_Redacted.pdf

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Foreign Military Sales (FMS) Case Ruggedized VM 300M DSP Module Modem
Solicitation number
W91CRB-25-R-5010
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This document is a Federal Acquisition Regulation (FAR) Part 13 Justification and Approval for Other than Full and Open Competition for a Foreign Military Sales (FMS) contract. The procurement is for eight (8) Ruggedized VM 300M DSP Module Modems (Part Number 1429712) for the Spanish military, specifically supporting their naval and ground forces' communication systems. The contract is a Firm-Fixed-Price supply contract for Commercial-Off-The-Shelf (COTS) hardware, with a brand name restriction for ViaSat products.

The justification emphasizes the criticality of procuring the specific ViaSat brand module, as the Spanish military exclusively uses these NSA-certified Type 1 encryptors for secure NATO communications. Attempting to qualify an alternative system would create significant operational risks, including potential deployment delays, additional testing costs, and compatibility issues. The procurement is set for a 100% Small Business Set-Aside under NAICS Code 334220, with an anticipated contract award no later than 30 May 2025. The total contract value is under $750,000, and the government will use a Lowest Priced Technically Acceptable (LPTA) evaluation approach for vendor selection.

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CUI//SP-SSEL

Control Number: JA-25-D-0237

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUSTIFICATION REVIEW DOCUMENT

FAR PART 13 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Program/Equipment: Foreign Military Sales (FMS) Case AE24046 SP-B-WBT, Ruggedized VM 300M DSP Module Modem Part Number 1429712

Authority: 10 U.S.C. § 2304(c)(1), as implemented by FAR 13.501(a)(2)(i), For a proposed contract exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting certification that the justification is accurate and complete to the best of the contracting knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

Prepared by: Jerson Gilces SAMD Engineer Email: jerson.a.gilces.ctr@army.mil

DSN:

Date: 20 Aug 2024

Contracting Officer: Aqua Jefferson Contracting Officer Email: aqua.m.jefferson.civ@army.mil

Date:

Technical: Jerson Gilces SAMD Engineer Email: jerson.a.gilces.ctr.@army.mil

Requirements: Nathan C. Rembert

Weapon System Manager Email: Nathan.c.rembert.civ@army.mil

FAR Part 13 Justification and Approval for Other than Full and

Open Competition

1. Contracting Activity: Army Contracting Command - Aberdeen Proving Ground ACC-APG 6515 Integrity Court, Bldg. 4310 Aberdeen Proving Ground, MD 21005

2. Description of Action: This proposed action is for the award of a Firm-Fixed-supply contract to purchase Commercial-Off-The-Shelf (COTS) hardware of Ruggedized VM 300M DSP Module Modem Part Number 1429712. This is a Foreign Military Sales (FMS) Case for the country of Spain using FMS funds (non-repayable).

3. Description of Supplies/Services: The hardware to be procured is as follows:

Qty: Eight (8) Ruggedized VM 300M DSP Module Modem Part Number 1429712

4. Authority Cited: 41 U.S.C.1901as implemented by FAR 13.501(a)(2)(i), For a proposed contract exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

5. Reason for Authority Cited:

CECOM-SAMD requires the ViaSat brand Ruggedized VM 300M DSP Module Modem Part Number (P/N) 1429712, in support of the country of Spain. Currently the country of Spain utilizes the VM300M DSP Module Modems, exclusively, for their military. The Ruggedized VM 300M DSP Module Modem is a Type 1 NSA-certified encryptor used for secure communications with NATO partners. The Spanish Naval forces primarily use the VM300M for communication within their fleet. The land forces of Spain also use the VM300M to facilitate communication between naval and ground forces. As well as coordinate the targeting and function of various weapon systems.

The procurement of a different brand of module would place the Spanish military at a significant operational risk and cause operational setbacks. Qualifying an alternative system into their naval fleet or within their ground forces would lead to: delays in deployment of mission capable personnel and systems, additional costs in testing and validation, and potential compatibility issues. Qualifying another brand would also add to delays due to the requirement to test and evaluate them for compliance with NATO certifications anticipated that process would add an additional 12-36 months onto the procurement award schedule. Lastly, delays in the procurement of the Ruggedized VM300M DSP Modules would subsequently compromise the mission readiness and effectiveness or the Spanish military.

There are no form and fit requirements. The U.S. Government does not possess the technical data package (detailed designs) for these items.

6. Publicizing Contract Actions: The requirement is in accordance with FAR 13.501(a)(ii) and is a brand name restriction over $30K. It will be redacted and posted with the solicitation.

7. Efforts to Obtain Competition: In accordance with FAR 12.603, Streamlined solicitation for commercial products or commercial services, a combined synopsis/solicitation will be posted on SAM.gov with the redacted brand name justification. It is anticipated that there will be adequate competition amongst value added resellers of the Ruggedized VM300M DSP Modules and the OEM.

a. Effective Competition: Competition will be among all resellers and the OEM of the ViaSat brand-name item.

8. Actions to Increase Competition: To increase competition, the combined synopsis/solicitation will be posted on SAM.gov to allow potential offerors to provide quotes for brand-name only Ruggedized VM300M DSP Module Modems.

In an email dated 17 July 2023, ViaSat, Inc., Inside Sales confirmed via email that they are the OEM and do not have distributors. However, they do have authorized sales partners. To date, no other

Ruggedized VM300M DSP Module Modems.

9. Market Research: Market research was performed by CECOM SAMD. The following sites were utilized to ensure the required P/N was available: WebFlis, PartTarget, and Google. Several companies were identified as capable of meeting the requirement.

10. Interested Sources: The Government will continue to perform market research to determine whether other sources exist as value added resellers for the Ruggedized VM300M DSP Module

Modems.

11. Other Facts: N/A

12. Technical Certification: I certify that the supporting data under mycognizancewhich are included in the justification are accurate and complete to the best of my knowledge and belief.

27 February 2025

Reviewed by: Nathan Rembert, Weapon System Manager Date

13. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

File details come from the government source that posted it. Updated .