JA FOIA.pdf

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M524R0010; Purchase request (PR): 7007669134

On 6/13/2024, the Product Specialist (see Attachment #1) certified that the technical information, including the AMC/AMSC and approved source, is complete and accurate. The product specialist validated that this NSN has an Acquisition Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3/R. L3Harris (14304) is uniquely qualified because they are the only known source with the data necessary to manufacture the item. DLA does not possess adequate data, lacks rights to data and/or has no record of alternate Design Control Activity approved source. The Government physically does not have in its possession sufficient, accurate or legible data to purchase this part form other than the current source.

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

The acquisition will be synopsized on or about 8/22/2024 for 15 days. At the conclusion of the synopsis, the solicitation will post on the DLA Internet Bid Board System (DIBBS) for 30 days.

A Sources Sought was posted to SAM on 6/6/2024 for 15 days.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The most recent procurement was in 4/2022 for 13 units at $ per unit as part of an Indefinite Delivery Contract. This procurement was found fair and reasonable based on the automated pricing logic analysis (PRC XG).

This will be a firm, fixed price contract to a DLA Direct stocking location.

Negotiations may be used pending price analysis and competition.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

Length of contract: A firm, fixed price contract for a definite quantity with no options will be issued.

7. Market Research/Efforts to Obtain Competition:

Information received regarding the commerciality of the item(s):

The COTS field in SRM is blank. L3Harris has this part listed on their website but does not have a published price.

The list price provided by ASRC states this is L3 proprietary information. ASRC was asked to provide further documentation to support commercial status of this part but could not provide a published price or invoices sold to non-Government entities. ASRC agreed to proceed with a procurement under FAR Part 15 procedures. The material master and product specialist states this is not a COTS item. This part was not considered commercial on the previous solicitation.

A Sources Sought was posted on SAM from 6/6/2024 to 6/20/2024. Four responses were received: Antenna Research Associates (23360), BHPE LLC (9SWS7), Orbital Connect (8SVE6) and Tiger Team Engineering

(9LE22).

In addition to the Sources Sought, market surveys were sent to the sole approved source L3Harris Technologies (14304) and the authorized distributor ASRC Federal (79343) on 6/6/2024. L3Harris did not respond but ASRC Federal did return a completed market survey.

This is a summary of ASRC Federal’s returned Market Survey as it pertains to this document. ASRC is a large business distributor for L3Harris. They claim this is a commercial item and would comply with a commercial

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

Justification for Other than Full and Open Competition Reference Solicitation Number: SPE7M524R0010; Purchase request (PR): 7007669134

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

procurement. They state the item is catalog listed. ASRC provided a price list marked as L3 proprietary and is not a published list price. No invoices were provided showing this part sold to non-Government entities. It is not on a GSA schedule.

Antenna Research Associates (23360) is a small business manufacturer offering their alternate part. They claim this is a commercial part that is not catalog listed, on a GSA schedule nor currently in their inventory. The buyer provided a Source Approval Request packet on 7/18/2024.

BHPE LLC (9SWS7) did not return a market survey or relevant information but expressed interest in the procurement as a dealer.

Orbital Connect (8SVE6) did not return a market survey or relevant information but expressed interest in the procurement as a dealer.

Tiger Team Engineering (9LE22) did not return a market survey or relevant information but expressed interest in the procurement as a dealer.

Techniques used to conduct survey [X] Market Research emails were sent to L3Harris Technologies (14304) and ASRC Federal (79343)

Types of information requested: The market survey requested that companies provide answers to general questions pertaining to the item’s requirement and requested that interested parties submit information on their products/services, company, capability, company size/profile, and any other supportive information to the Acquisition Specialist (see Attachment #2).

8. 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. The Government does not have the data to manufacture this item, and this is a CAGE and part number purchase. All interested parties wishing to submit an offer must submit a SAR data package for review by the cognizant ESA.

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

ASRC Federal (79343) Antenna Research Associates (23360)

BHPE LLC (9SWS7)

Orbital Connect (8SVE6) Tiger Team Engineering (9LE22)

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

Procurement Note M06, Evaluation of Offers for Part Numbered Items and Procurement Note L04, Offers for Part Numbered Item.

All offers submitted will be considered and evaluated based upon the requirements as stated within the solicitation.