Signed-JA SPE7LX23RX076- Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-23-R-X076

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This indefinite quantity contract (IQC) solicitation will be issued under FAR part 13.5 Simplified Procedures for Certain Commercial Items in accordance with 41 U.S.C. 1901 and shall be awarded as a firm-fixed price (FFP) Indefinite Delivery Purchase Order (IDPO), which includes a three-year base period.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

CLIN NSN ITEM UI AMC AMSC ADQ ADV

0001 5930016585419 SWITCH ASSEMBLY EA 3 D 713

0002 5965016912001 MICROPHONE, DYNAMIC EA 3 D 656

0003 6140016847636 BATTERY, STORAGE EA 3 D 1,333

Identify end item, weapon system, or class of item: This item is used by the United States Navy on various ships such as the T-AKE 1 CLASS, TICONDEROGA CLASS CG (47), NIMITZ CLASS CVN, WASP CLASS LHD / AMERICA CLASS LHA, AMERICA CLASS LHA, WHIDBEY ISLAND CLASS LSD, WASP CLASS LHD, EXPEDITIONARY SEA BASE (ESB) SHIP CLASS, and the LPD-17 CLASS

AMPHIBIOUS TRANSPORT DOCK.

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (3 YR BASE PERIOD):

MAXIMUM CONTRACT 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.

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

L3HARRIS TECHNOLOGIES, INC. (1PNR4)

The use of the authority cited below:

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

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. For NSNs 5930016585419, 5965016912001, and 6140016847636, the Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. Only L3Harris Technologies (1PNR4), possesses the complete technical data;

therefore, they are the only sources uniquely qualified to manufacture these items and the only approved sources listed for these NSNs.

SOLICITATION SPE7MX-23-R-X076

For all three items, after-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the ESA for Military use. Only the approved source for these items have been approved by the ESA, as these parts are designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. Reality is that any supplier can still seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

Based upon the technical certification by the DLA Land and Maritime Product Specialist dated January 31, 2023, all means to obtain a technical data package adequate for manufacture of this item have been exhausted; see attachment #1- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for these NSNs and verified the approved source. There is no pending 339 with the Engineering Support Activity (ESA) for these NSNs.

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

• A sources sought notice was issued February 21, 2023, on SAM.gov for five business days.

• Market research was conducted to obtain interest in the acquisition.

• The acquisition will be synopsized on SAM.gov one day prior to the solicitation opening.

• Dealers of the manufacturer will be solicited.

• The solicitation will be posted the DLA Internet Bid Board System (DIBBS) for a minimum period of 15 days to allow any offeror the opportunity to submit a quote.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. It is the Contracting Officer’s determination that these items fall under commercial item definitions at FAR 2.101. Because these items are considered commercial, Certified Cost and Pricing Data (CCPD) is not required per FAR 15.402-1(b)(3). In addition to price analysis, the Contracting Officer will use market prices (i.e., comparison based on marketplace or offers/pricing to other customers) for making a fair and reasonable price determination.

8. Market Research/Efforts to Obtain Competition: there were originally four NSNs on this project; however, after market research one of the NSNs was cancelled and remove from the project. There are three NSNs remaining on this project. A sources sought notice was issued on February 21, 2023, with a response date of February 27, 2023, and there was one inquiry in response to this notice. On February 22, 2023, US21, Inc. asked for the branch of service for NSN 6140016847636 so they could reach out to L3 Harris for availability of this item. The Buyer responded that this item is used on various ships by the United States Navy. Initial market research was conducted by the Sourcing Strategy Specialist (SSS) in January 2023.

They sent a market questionnaire to the approved manufacturing source, L3Harris Technologies, Inc. (1PNR4). On February 21, 2023, the Buyer sent a follow-up email to L3 Harris Technologies and sent additional market questionnaires out to dealers in the last three years of procurement history: Adirondack Electronic (1A737), Baker & Associates (5S670), Graphene Manufacturing Technologies (GM Tech) (7CZE3), Netkomp (1P4D9), and R&M Government Services (6FN58).

The market questionnaire asked companies to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones. The following companies responded:

Adirondack Electronic (1A737)- small business dealer responded on March 2, 2023.

Indicated they are Veteran Owned Small Business Interested in pursuing a LTC

Checked that the items are not commercial.

Baker & Associates (5S670)- responded on February 21, 2023, they are no longer able to supply (1PNR4) L3Harris products.

Graphene Manufacturing Technologies (7CZE3)- responded on April 15, 2023. Did not complete the market questionnaire or spreadsheet

L3 Harris Technologies (1PNR4)- responded on February 27, 2023, BKB191210/36 & HTPA7Y are no longer available, and there are no substitute parts.

Kampi Components (7Z016)- responded on 2/28/23 with “We do not support this product line; therefore I decline to participate.”

Netkomp (1P4D9)- small business dealer responded on February 26, 2023.

Indicated they are Woman Owned Small Business Interested in pursuing a LTC

Checked that the items are not commercial.

R&M Government Services (6FN58)- small business dealer responded on February 25, 2023. They were interested in pursuing a LTC . Indicated Battery Universe as OEM. Buyer asked them to provide clarification.

They said Battery Universe is who they have delivered for on the last buy in 2019 and that it is possible that DLA may no longer accept them. The Buyer responded that L3 Harris is the only approved source, and any other CAGE/Part Number would need to be submitted under Procurement Note L04. This NSN was cancelled and removed from the project.

Information regarding the commerciality of the items:

The Contracting Officer has determined these NSNs commercial under FAR 2.101(1)(ii)- A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and has been offered for sale, lease, or license to the general public; see attachments. NSNs can be found on the following websites for sale to the public:

5930016585419 https://store.tac1systems.com/harris-part-14002-0138-03-switch-module-assembly/ https://store.newlondontechnology.com/index.php?productID=100172551

5965016912001 https://firstsourcewireless.com/products/harris-mc-023933-001-rev-l-p5400-speaker-mic https://store.newlondontechnology.com/index.php?searchstring=MC-023933-001

6140016847636 Is price listed on the following site:

extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.l3harris.com/sites/default/files/2021-02/cs-pspc-final-ms-pricelist-feb-2021.pdf. In addition, this NSN is available on the GSA website.

All of the NSNs were sent to the SAPD Technical Team, and the Product Specialist responded on March 1, 2023, that they updated the system with the commercial item indicator and updated the Procurement Item Descriptions (PIDs) to include the commercial reference.

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

[X] Based upon the technical certification under attachment #1, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved sources; therefore, 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) Adirondack Electronic (1A737), Graphene Manufacturing Technologies (7CZE3), Netkomp (1P4D9), and US21, Inc.

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

12. As required by DFARS PGI 206.304, the Buyer searched Records Management but was unable to locate a J&A for prior awards. The previous awards listed were conducted under simplified procedures and did not require a J&A.

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.

BRANDY WARNER, Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate Signature

Attachment(s):

1. Technical Certification

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.12518

97880 Date: 2023.07.17 13:14:42 -04'00'

DAPO.DOUGLAS.A

.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.07.26 10:03:36 -04'00'