J&A6.302-1SPE7MX19R0035.pdf

SPE7MX-19-R-0035

Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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:

The subject solicitation is for a Single-NSN 5-year IDC project for DLA Land & Maritime CORE NSN 6625-01-462-5972 (Test Bench, Digital Components) with an ADQ of 154. This item is a radio test bench used to test digital components utilized on US Military Harris Field Radios. The AMC/AMSC is 1/R with estimated value as shown below.

ICP: DLA Land & Maritime

ESTIMATED ADV:

ESTIMATED TOTAL VALUE (3-Year+ 2 Options):

MAXIMUM CONTRACT VALUE:

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:

Harris Corporation (14304) and WIBA ZEVENAAR B.V. B.V. (H0G87)

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

(x) AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

The NSN listed in Section #3 above is available only from the coded sources Harris Corporation (14304) and WIBA ZEVENAAR B.V. B.V. (H0G87). The Government does possess some technical data for this item as drawings are referenced in the Item Description; however, those drawings are incomplete to permit full & open competition and the complete manufacture of the required item.

The Government’s lack of production knowledge, partial technical data, and/or data rights serves as Harris Corporation (14304) and WIBA ZEVENAAR B.V. B.V. (H0G87) unique qualification requiring the use of other than full and open competition because these sources are the only sources that possess the data or data rights to produce this ESA approved item.

The data found in item #3 above notates an AMSC code for the NSN detailing the level of information the Government does possess. DLA Land and Maritime SAPD Product Specialist reviewed and confirmed the accuracy of the PID, AMC/AMSC, approved sources, and associated NSN data prior to solicitation. The approved source information for this NSN is as follows:

NSN ITEM APPROVED

CAGE COMPANY NAME APPROVED

PART#

6625-01-462-5972 Test Bench, Digital

14304 HARRIS CORPORATION

DBA HARRIS RF 10369-9500-01

H0G87 WIBA ZEVENAAR B.V. B.V. 304211

The project NSN has an AMC/AMSC of 1/R which indicated that the Government does not own the technical data and/or the rights to use that data that would enable the Government to purchase this material from sources other than Harris Corp and WIBA ZEVENAAR. NSN 6625-01-462-5972 is a critical application item that 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). Valid AMCS: 1,2,3,4 and 5.

Harris Corporation (14304) and WIBA ZEVENAAR B.V. B.V. (H0G87) retain the 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 test bench used on Harris Radios. 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. Harris Corporation (14304) and WIBA ZEVENAAR B.V. B.V. (H0G87) possess the rights to the technical data/drawings and/or the data itself necessary to produce the required item.

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

(x) The acquisition will be synopsized 15 days prior to solicitation issue.

(x) Dealers of the manufacturer will be solicited.

(x) Other. (Explain) Initial Sources Sought Notice posted to FedBizOps on 10/24/2018 and closed 10/31/2018. ZBB issued a second Sources Sought on 02/06/2019 and closing 02/12/2019 with no responses.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be PPI based price analysis and/or the analysis of other than cost or price data such as informal cost break-downs and/or material invoices with final negotiated pricing reviewed in comparison with recent past buy history.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Other market research efforts include: A review of the purchase history, coordination with the DLA Land and Maritime Small Business Office. Two (2) Sources Sought Notices were posted, one by ZAA Branch and a second update notice by ZBB Branch with no responses received.

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

A market survey was conducted on/during: 10/23/2017 to 02/06/2019.

Total number of vendors contacted: ___2___

Names of vendors contacted: Science Applications International Corporation (SAIC) (79343) and Harris Corporation (14304).

Names of vendors providing survey responses: SAIC (79343) Techniques used to conduct survey: _______Formal Market Survey, email and telephone.

Types of information requested: __________See Survey Results included_______________.

Summary of information received: See Survey Results included.

Information received regarding the commerciality of the item(s): See Survey Results

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: SAIC (79343)

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

(x) The solicitation contains DLAD Procurement Notes L04, “Offers for Part Numbered Items” and M06, “Evaluation of Offers for Part Numbered Items".

**On 02/12/2019 the Contracting Officer was advised by of DLA Land & Maritime Value Management (VEE) that they currently do not have any open projects for NSN 6625-01-462-5972. No additional new approved sources are noted.

I/A/W the recent DFARS/DFARS PGI 206.303-2 changes dated 4/20/2015 concerning “Additional J&A requirements for noncompetitive follow-on acquisitions”, the most recent procurements were under the threshold requiring J&A documents, therefore no J&A copy can be provided to assist the approval authority.

Market Research / Survey Summary

Market Survey Results: The market research for this project was conducted by the Acquisition Specialist with ZBB Branch attempting to conduct formal market surveys with known distributor, SAIC (79343), of approved source Harris Corp (14304). Harris Corporation declined to participate in DLA’s solicitation and directed the Government to their exclusive distributor Science Application International Corporation (SAIC)(79343). Only SAIC responded with a completed survey which is summarized as follows.

1. Scientific Applications International Corporation (SAIC) (79343) is a large business distributor located in Fairfield, NJ for several manufacturers including Harris Corporation.

Procurement Support Representative returned a completed formal survey to DLA on 01/22/2019 and provided an updated response to ZBB Branch on 02/06/2019 indicating the following key information.

i. Interested in a Long Term Contract

ii. Item is commercial per FAR 2.101(b)

NSN: 6625-01-462-5972

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge.

__________________________________________ 2-8029___________02/12/2019_ Contracting Officer Phone Date

Scott D. Knowles_____________________________ Typed name of Contracting Officer

Approval/Certification

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

Mary E. Shearer Date DLA Land & Maritime - Competition Advocate

APPROVAL REQUIREMENTS

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

SHEARER.MARY.E.

1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.02.19 10:55:20 -05'00'

2/19/2019

KNOWLES.SCOTT.D.1

251897480

Digitally signed by

KNOWLES.SCOTT.D.1251897480

Date: 2019.02.12 18:31:42 -05'00'