RM_JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-16-R-0151

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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 supply on other than a full and open competition basis.

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

NSN Description ADQ ADV AMC AMSC

5996-01-480-2204 AMPLIFIER, RADIO FREQUENCY 67 3 D

Identify end item, weapon system, or class of item: F/A-18 A through G Hornet and Growler, AV-8B Harrier aircraft

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING Not Applicable

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. If restricted to the only source(s) of supply, include source(s) and CAGE code:

NSN Description Approved

CAGE

Company Name Approved Part Number

5996-01-480-2204 AMPLIFIER, RADIO

FREQUENCY

36556 NANOWAVE

TECHNOLOGIES INC DBA

MC-2109-2

26916 NORTHROP GRUMMAN

SYSTEMS

32-070513-02

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. The full text is available in DFARS PGI 217.7506 Part 2).

[ 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.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

Nanowave Technology and Northrop Grumman are the sole owners of their drawings and technical data rights. The Government does not have rights to produce a competitive technical data package.

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

(x) The acquisition will be synopsized on or about August 11, 2016.

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

Cost or pricing data in accordance with FAR 15.403-4 will be required. Cost or pricing data will be reviewed by the DCMA auditor and/or the DLA Land and Maritime pricing office to determine allowability, allocability, and price reasonableness. Negotiations will address the individual cost elements. A price analysis will also be conducted using historical pricing, the Producer Price Index (PPI), and learning curve analysis. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition: A Sources Sought Notification was posted in Fed Biz Opps on 27 August 2015, with no response received. Due to the Sources Sought Notification being posted almost a year ago, an updated notice was posted on Fed Biz Opps on 1 August 2016, with no response received.

A market survey was conducted on/during December 16, 2015 through December 31 2015.

Total number of vendors attempted contacted: 2 Names of vendors contacted and responding: Northrop Grumman Systems (26916), and Nanowave Technology Inc. (36556) were contacted. Nanowave Technology Inc. was the only vendor to respond.

Any alternate offers received will be directed to the value engineering office and the appropriate ESA in order to have the alternate offer evaluated for inclusion as an approved source for these NSN’s on future procurements.

Techniques used to conduct survey: A market research forms were emailed to Northrop Grumman Systems (26916) and Nanowave Technology Inc. (36556). Nanowave Technology Inc. responded to the market research form and expressed an interest in proposing on the acquisition.

Types of information requested: Vendors were asked to identify if they are a manufacturer, dealer or distributor, and their business size. Vendors were also asked about interest in pursuing a Long Term Contract for the item, their inventory capability, if the item is quantity sensitive or hazardous, base/option year structure, willingness to propose option years, questions as to commerciality of the item, FOB points/impact on price, zone pricing, delivery information, packaging, and EDI capability.

Summary of information received:

Nanowave Technology Inc. indicated an interest in pursuing a Long Term Contract for the item.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

They stated the item was not a commercial item.

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

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

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. The Justification for other than full and open competition for this NSN, on contract SPE7M2-15-C-0018 is attached.

Forecast information is available to all potential sources for both sole source and competitive 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 item can easily see DLA’s forecasted procurements and can contact 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: (If none, so state) Nanowave Technology Inc. (36556)

11. A Sources Sought Notification was posted in Fed Biz Opps on 27 August 2015 and 1 August 2016.

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 $700,000, this signature serves as the approval.

_____________________________ 614-692-3558 ___________ Contracting Officer Phone Date

Aric J. Allen Typed name of Contracting Officer

Approval/Certification

ALLEN.ARIC.J.12

42832562

Digitally signed by

ALLEN.ARIC.J.1242832562

Date: 2016.08.11 11:49:40 -04'00'

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) $700,000 to $13,500,000 Competition Advocate

Attachment

1) Previous J&A (SPE7M2-15-C-0018)

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2016.08.17 10:41:58 -04'00'