J&A._FOIA_Redacted_J&A_PR_72478731.SPE7M518R0035_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M518R0035 / PR 72478731

[ X ] 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 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:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Matched Set, Electro 5999-01-620-0607 150 B

*Estimated unit price-

Estimated Base Value:

Estimated Maximum Value for a quantity of 300 units:

This acquisition is for a fixed quantity; however, price breaks will be solicited permitting the Government to order up to the maximum quantity of the price break solicited.

End Item Description, Weapon System, or class of item: Item is a Phase Shifter, Uniphaser, Microwave, Matched Set. Item consist of a matched set of four (4) low power waveguide non-reciprocal phase shifters. Used on the F-16 Fire Control Radar Antenna.

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:

Herley Industries (32187)

The use of the authority cited is based on 10 U.S.C. 2304(c)(1):

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

[X] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-

100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD- 100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

On 3/23/2018, the buyer received confirmation from the product specialist of record that the AMC/AMSC of 3/B was accurate. Government FAT applies to this NSN. This item is a source-controlled item. The Product Specialist states there is only one approved waived source per Hill AFB and the Northrop Grumman drawing; Herley Industries (32187). Herely Industries possesses the data and is the only known approved source. Therefore, Herley Industries is uniquely qualified as they are the only known source that possesses the necessary technical data for the manufacturing of this item, thus, demonstrating unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources.

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

[X] The acquisition will be synopsized on or about April 2018 and will be solicited on the DLA Internet Bid Board (DIBBS).

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

The estimated maximum value of this PR is $ Therefore, Certified Cost or Price Data, and a Subcontracting Plan will be required. There is no reason to believe that Herley Industries will not enter a fair and reasonable price.

8. Market Research/Efforts to Obtain Competition:

A market survey was sent to Herley Industries on 3/8/2018, 3/28/2018 and on 4/2/2018.

Herley Industries (32187) responded on 4/2/2018.

Herley Industries (32187) is a large business manufacturer that is registered in SAM, and deals directly with the Government.

Item is not a commercial item.

Herley is willing to submit an offer.

A Sources Sought was posted to FedBizOpps on 3/8/2018 with a respond by date of 3/16/2018.

No responses or inquiries were received from any interested party.

Commercial Determination: The COTS Field is blank in MM03, and research in GSA advantage yielded no results. Market survey results from Herley Industries stated this is not a commercial item. Therefore, due to these findings, this item has been determined to be non-commercial and solicitation will be conducted under FAR 15.

The last procurement (SPE7M516C0004) of this item occurred in Oct 2015. A J&A was located for this procurement (Attachment 1).

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

[ X ] 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.

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

Herley Industries (32187)

11. This item is subject to the following methods of locating additional sources:

Solicitation will included the following Procurement Notes:

L04; Offers for Part Numbered Items

M06; Evaluation of Offers for Part Numbered Items

L22; Restriction of Alternate Offers for Source Controlled Items.

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.

Contracting Officer Date

Brian Kennedy___________________________ Typed name of Contracting Officer

KENNEDY.BRIA

N.J.1264859014

Digitally signed by

KENNEDY.BRIAN.J.1264859

Date: 2018.04.06 13:03:27 -04'00'

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is ___ _______________( at the top Price break)_____________

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

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

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

Attachments:

1. Previous J&A

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.123025

Date: 2018.05.10 16:56:51 -04'00'