SPE7LX-16-R-0159_J_&_A_Redaction-_reviewed__Redacted_R1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX16R0159

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 multiple items with other than a full and open competition basis.

3. The supply’s required to meet the using activity's needs are described as follows:

Description NSN/PN QTY EST. ANNUAL VALUE AMC AMSC Filter 5915-01-468-3475 4,851 3 D Filter 5915-01-468-3476 8,243 3 D Filter 5915-01-468-8952 1,281 3 R Filter 5915-01-495-3268 12,547 3 C Filter 5915-01-495-3270 6,375 3 D Filter 5915-01-546-7335 11,205 3 D

This solicitation is a stock order for above mentioned NSNs classified with a Producer Price Index of -1178 “Other Electronic Components” in support of sustaining the below end items and weapon systems.

End Items are filters supporting the following weapons systems with their respective Weapon System Designator Code (WSDC): (1) F/A-18 (E/F) aircraft (VUN), (2) Tactical Air Control Systems 407L (JKF), (3) F-16 Aircraft (26F) and (4) F/A Aircraft (Z9N) (A-D, G/Growler).

The proposed action is for the solicitation and award of a five (5) year, fixed price contract with economic price adjustments (EPA), Indefinite Quantity Contract (IQC). The five-year period consists of a three (3) year base period and (two) one-year option periods. The estimated contract values are as follow:

Estimated Base Value:

Estimated Total Value (Base + Options) Maximum Contract Value:

There is one approved source for these six items:

RS Microwave (Commercial and Government Entity (CAGE) 61453, small business manufacturer)

Technical Descriptions:

NSN: 5915-01-468-3475 (Item 1) Part Number: 63531A-2A Specifications: 1030 +/- 7 - 50 1.5 1.5:1 15 nanosec 5.0 x 2.8 x 1.2 End Item: F18 Aircraft

NSN: 5915-01-468-3476 (Item 2)

Part Number: 63531A-1A Minimum Passband: 960-1000, 10611215 MHz Prime Power Requirement: 28VDC + 1.5/2.0 VDC, 100 MA max Load Impedance: 93 OHMS + or – 10% Temperature operating: -40 to +86C Altitude: 70,000 ft End Item: F18 Aircraft

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

NSN: 5915-01-468-8952 (Item 3)

Style Designator: (STYL) Rectangular Terminal/Terminals on opposite surfaces Voltage Standing Wave Ratio per Function: (ABAZ) 1.25 single low pass Thread Tolerance Class: (CTTC) 2B internal Source Impedance Rating Per Function: (AHAQ) 50.0 OHMS single low pass Reference Frequency Per Function: (AHAJ) 1215.0 megahertz single low pass Enclosure Type: (AKNA) encased Nominal Thread Size: (CQJX0) 0.112 inches Mounting Facility Type and Quantity: (AXHR) 4 threaded hole Mounting Facility Screw Thread Series Designator: (AKEJ) unci Functional Terminal Type and Quantity: (CQDW) 2 connector, receptacle input-output Distance between Centerlines of Mounting Facilities Parallel to Body Width: (AEHA) 0.800 inches nominal Body Width: (ADAT) 0.850 inches nominal Body Length: (ADAQ) 1.370 inches nominal Body Height: (ADAU) 1.960 inches nominal End Item: Tactical Air Control Systems

NSN: 5915-01-495-3268 (Item 4)

Style Designator: (STYL) rectangular terminal/terminals on one surface Special Features: (FEAT) designed for rejection of both 1030 and 1090 MHZ bands in MIDS/JTDS Enclosure type: (AKNA) encased Operating Temp Range: (AFGA) -30.0/+85.0 Deg Celsius Mounting Facility Type and Quantity: (AXHR) 4 Captive Screws Functional Description: (FTLD) Switched Dual Notch Filter Distance between Centerlines of Mounting Facilities Parallel to Body Length: (AEBY) 4.400 inches nominal Distance between Centerlines of Mounting Facilities Parallel to Body Width: (AEHA) 6.00 inches nominal End Item Identification: (AGAV) F16 USAF/RETRO

NSN: 5915-01-495-3270 (Item 5)

Distance between Centerlines of Mounting Facilities Parallel to Body Width: (AEHA) 4.500 inches nominal Distance between Centerlines of Mounting Facilities Parallel to Body Length: (AEBY) 4.400 inches nominal Functional Description: (FTLDP fixed non-switched dual notch filter Mounting Facility Type and Quantity: (AXHR) 4 captive screws Operating Temp Range: (AFGA) -30.0/+85.0 Deg Celsius Enclosure Type: (AKNA) Encased Special Features: (FEAT) designed for rejection of both 1030 and 1090 MHZ Bands in MISDS/JTDS applications Style Designator: (STYL) rectangular terminal/terminals on one surface End Item: F16 Aircraft

NSN: 5915-01-546-7335 (Item 6)

Specifications: 1030+/-7 –50 1.5 1.5:1 15 nanosec 5.0 x 2.8 x 1.2 90711A-3 1030 +/-7 -46 1.5 1.5:1 15 nansec max 5.0 x 4.5 x 1.2 1090 +/-7 -43 1900 - 6000 – 60 End Item: FA18 Aircraft

The following is a picture of NSN: 5915-01-468-3476:

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.

5. The subject items are restricted to RS Microwave Company; CAGE 61453. The authority for the restrictions of competition is FAR 6.302-1(a)(2)(i)(A), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Qualifications”. This contractor from their founding in 1982 has developed filters with unique technologies providing the use of evanescent modes of propagation that offered a good combination of size and insertion loss. RS Microwave Corporation uniquely developed lumped element networks with symmetrical response, dielectric resonator designs, compact high power, low-loss notch filters, the smallest possible multiplexers, filters with wide passbands and wide stopbands combined. The contractor has developed a series of unique multimode filters employing both waveguide and dielectric resonators, in a configuration allowing for pseudo-elliptic responses but with in-line physical configuration, coupled with high power operation and wide stopbands. The new filter topologies include the use of multiple waveguide modes, in "bypass" configurations, enhancing the in-line configurations with additional transmission zeros for very sharp rejection characteristics. This meets the requirement of FAR 6.303-2(b)(5) unique qualifications or the nature of the acquisition requires use of the authority cited. RS Microwave Company has unique qualifications and is the only known source capable of providing the subject six NSNs identified. This restriction was verified with DLA Land and Maritime Value Engineering, , on July 7, 2016.

The use of the authority cited is based on:

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The following are the AMSC descriptions.

[X] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application.

[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.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, Because only approved sources possess the complete technical data for the items listed above, RS Microwave Corporation is the only source uniquely qualified to manufacture these items; therefore, this acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C 2304(c)(1), as implemented by

FAR 6.302.

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

A Sources Sought synopsis was issued on February 18, 2016 with a closing date of February 25, 2016, with one response received. The acquisition was synopsized on August 9, 2016 and will be open for fifteen days. At the completion of the synopsis period, the Request for Proposal (RFP) will be solicited on the internet for 30 days, via the DLA Internet Bid Board Systems (DIBBS).

The approved source for these parts, RS Microwave will directly be solicited.

The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive. The Government will also include a clause in this solicitation that provides that the Government will consider alternate offers, and that alternate offers should submit a source approval request (SAR) package that will be referred to the engineering activity. If the current procurement cannot be delayed, due to mission requirements and to allow sufficient time for the engineering activity to determine whether or not to approve the alternate offer, the SAR package will be considered for future awards.

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

It is anticipated that Cost or pricing data IAW FAR 15.403-4 will be required. This estimated requirement is over $750,000. Price analysis will occur comparing the offer received with acquisition history for items having history, movement of the producer price index, and comparison to similar items. Based upon cost analysis and the subject pricing techniques to be used, the Contracting Officer anticipates costs to the Government will be fair and reasonable. The NSNs in this initiative are not determined to be commercial as defined by FAR 2.101.

8. Market Research/Efforts to Obtain Competition:

In an effort to obtain competition and satisfy FAR 10.001 the solicitation requirements were synopsized on August 9, 2016 and a copy of the Request for Proposal will be furnished to any vendor expressing interest. Additional sources may be identified by the DLA Land and Maritime – Office of Small Business Programs (DU) and Small Business Administration – Procurement Center Representative (SBA-PCR), and will be solicited when practicable. A technical review was completed to ensure the items on this initiative are restricted to the approved source. A Sources Sought notice was posted on Federal Business Opportunities (FedBizOps) on February 18, 2016. There were no additional sources of supply that were identified during the period of the sources sought notice. The main purpose of posting a Sources Sought notice is to provide opportunity to other potential sources to manufacture these NSNs in order to promote competition. All interested parties will be added to the source list to be solicited.

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

A market survey occurred on 2/04/2015 and updated on 7/6/16.

Total number of vendors contacted: 1 Name of vendor contacted and responding: Vendor Contacted: RS Microwave Corporation (CAGE 61453)

Vendors that responded: The one approved source provided a response to the questionnaire.

Techniques used to conduct survey: The Market Survey was sent via email and further discussed with phone calls.

Types of information requested: The market survey sought information on contractors’ capabilities, commerciality, and interest in a multi-year contract and the duration of such a contract.

Summary of information received:

RS Microwave Corporation (CAGE 61453):

Small Business Manufacturer States item is not commercial

Information received regarding the commerciality of the item(s): Market research performed assisted in the determination the item contained in this initiative confirmed the subject items are not commercial.

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

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 NSNs included on this solicitation were reviewed by the Strategic Acquisition Programs Directorate (SAPD) Product Specialist during the project development phase. No additional sources were identified during that review.

Forecast information is available to all potential sources for all sole source items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can reach the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

10. A listing of sources, if any, indicating an interest in the acquisition is:

RS Microwave Corporation (61453)

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

HOPSON.LILLI.A.1230127324 Digitally signed by HOPSON.LILLI.A.1230127324 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=HOPSON.LILLI.A.1230127324 Date: 2016.08.29 06:51:38 -04'00'