JA FOIA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M523R0010

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

[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 QUANTITY EST. VALUE AMSC

Electron Tube 5960-01-263-1622 51 C

Estimated Base Value: $ Estimated Max Value: $ Quantity price breaks up to 69 each will be included.

Solicitation will not contain a quantity option.

This will be a Firm Fixed Price contract.

Identify end item, weapon system, or class of item:

An Electron Tube is a specialized vacuum tube that is used in electronics to amplify radio frequency (RF) signals in the microwave range. The specific application is for airborne radar used aboard the F-16 Fighting Falcon and P-3 Orion.

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:

Stellant Systems Inc (73293) P/N L5627-51 L3 Technologies, Inc. (80080) P/N L5627-51 Communications & Power Industries LLC (99313) P/N VTR-5730

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 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. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

On 2/13/2023 the Product Specialist confirmed that the AMC/AMSC of 3/C is accurate. There are three approved sources: Stellant Systems Inc (73293) P/N L5627-51, L3 Technologies, Inc. (80080) P/N L5627- 51, and Communications & Power Industries LLC (99313) P/N VTR-5730. Per the Product Specialist, these are the only known sources that possesses the technical data for the manufacturing of this item, thus, demonstrating that Stellant Systems Inc (73293), L3 Technologies, Inc. (80080), and Communications & Power Industries LLC (99313) have the unique design capability, engineering skills, and manufacturing knowledge for this NSN. There are no other sources. These sources are the only source approved by the design control activity because they retain the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

On 2/13/2023 the Product Specialist certified the information in the returned technical referral was correct by returning the signed MFR - Technical Data Supporting- Limited Sources memo. (Attachment 1)

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

A Sources Sought was posted to SAM.gov on 3/17/2023 with a response date of 3/24/2023.

The acquisition will be synopsized on or about 6/8/2023, for 15 days prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

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

The most recent purchase order, SPE7M523P1148, QTY 7 at $97,800 each was awarded on 12/6/2022 to Communications & Power Industries LLC (99313). This award has a PRC of BI. The contracting officer found the price fair and reasonable based off an ICB and price negotiation.

At the top price break of 69 each, the total estimated price is over and therefore, this procurement is expected to breach the TINA/Certified Cost/Price Data threshold and Cost/Price Data will be required. Communications & Power Industries LLC (0MH33) stated on their market survey that they will supply Certified Cost/Price data.

Negotiation procedures may be used pending price analysis results and competition.

Length of contract: A firm-fixed price contract will be issued.

Quantity: 51 each (with prices breaks from 34 to 69 each) Based on the above techniques, the Contracting Officer hereby determines that the anticipated cost to the

Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

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

The buyer sent a Market Survey request to the approved sources, Stellant Systems Inc (73293) and Communications & Power Industries LLC (99313), on 3/17/2023 with a response date of 3/24/2023.

Total number of vendors contacted: 2 Names of vendors contacted and responding: 2 Stellant Systems Inc (73293) and Communications & Power Industries LLC (99313).

L3 Technologies, Inc. (80080) was not contacted, for the reasons discussed below.

Techniques used to conduct survey:

The market survey was sent via email.

12. IAW DFARS PGI 6.3, the previous J&A must be attached.

The most recent J&A is from SPE7M513C0044, awarded on 8/28/2013 is attached. (Attachment 4)

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.

Roy Pitman Contracting Officer, FMT Date

I have reviewed and approve this justification.

The estimated total value of the J&A is The estimated total value of the J&A, including top price break of 69 each $5,658,000

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

ATTACHMENTS:

Attachment 1: Signed MFR - Technical Data Supporting- Limited Sources Memo Attachment 2: Market Research from Communications & Power Industries LLC (99313) Attachment 3: Market Research from Stellant Systems, Inc. (73293) Attachment 4: J&A from SPE7M513C0044

PITMAN.ROY.V.10139202

Digitally signed by

PITMAN.ROY.V.1013920261

Date: 2023.05.22 16:37:09 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.05.26 12 59:53 -04'00'