SPE7MX21R0142 - J_A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-21-R-0142

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. This indefinite quantity contract (IQC) solicitation shall be a firm-fixed price (FFP) long-term contract (LTC) under FAR Part 15-Contracting by Negotiation, which includes a three-year base with two one-year option periods.

In addition to the NSNs specified in the table below, the scope of this contract includes all DoD managed items for which L3Harris Technologies (00752/82340) is the sole source or there are multiple sources, but all prior procurements of the NSN have been solely from L3Harris Technologies (00752/82340). Items within the scope may be added via bilateral modification in accordance with Procurement Note L27- Addition/Deletion of Items.

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

CLIN NSN ITEM UNIT AMC AMSC ADQ ADV

0001 1095013358306 ARMING UNIT EA 3 D 107

0002 1095015906150 ELECTRONIC BOMB FUZ EA 3 D 3

0003 1095016106979 NRP, CABLE ASSEMBLY, EA 3 D 44

0004 4820016585068 VALVE, ASSY SPECIAL EA 3 D 225

0005 5910012744657 CAPACITOR ASSEMBLY EA 3 C 18

0006 5985004775553 ANTENNA EA 3 B 29

0007 5985007267493 ANTENNA EA 3 D 8

0008 5985007394479 ANTENNA EA 3 D 28

0009 5985010677628 ANTENNA EA 3 C 17

0010 5985010678610 ANTENNA EA 3 C 12

0011 5985010753441 ANTENNA EA 3 C 7

0012 5985011046993 ANTENNA EA 3 C 13

0013 5985011258332 ANTENNA EA 3 C 40

0014 5985011661034 ANTENNA ASSEMBLY EA 3 C 6

0015 5985011713530 ADAPTER ASSEMBLY, AN EA 3 R 13

0016 5985011764893 ADAPTER, MAST EA 3 C 16

0017 5985012176365 ANTENNA ASSEMBLY EA 3 C 4

0018 5985012270210 ANTENNA EA 3 C 3

0019 5985013513710 ANTENNA ASSEMBLY EA 3 C 90

0020 5985013920918 ANTENNA EA 3 C 29

0021 5985014430282 ANTENNA EA 3 B 20

0022 5985015438794 ANTENNA EA 3 D 7

0023 5985015906243 ANTENNA EA 3 D 66

0024 5985016012647 POLARIZER, ANTENNA EA 3 D 18

Identify end item, weapon system, or class of item: There are multiple weapon systems for which these items are used but are mainly they are used on various Aircrafts and Helicopters.

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (3 YEAR BASE + 2 ONE-YEAR OPTIONS):

MAXIMUM CONTRACT VALUE:

SOLICITATION SPE7MX21R0142

Justification for Other Than Full & Open Competition (December 2011)

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:

CLIN NSN NAME CAGE PART NUMBER

0001 1095013358306 L3HARRIS TECHNOLOGIES, INC. 82340 116399-5

EDO ARTISAN INC. 95692 311000-5

0002 1095015906150 L3HARRIS TECHNOLOGIES, INC. 82340 MT55E1211-3

0003 1095016106979 L3HARRIS TECHNOLOGIES, INC. 82340 MT4230000-1

0004 4820016585068 L3HARRIS TECHNOLOGIES, INC. 82340 2010790-1-100

0005 5910012744657 L3HARRIS TECHNOLOGIES, INC. 00752 450512-2

L3HARRIS TECHNOLOGIES, INC. 82340 450512-2

0006 5985004775553 L3HARRIS TECHNOLOGIES, INC. 00752 DMNI 29-2

0007 5985007267493 L3HARRIS TECHNOLOGIES, INC. 00752 261D712

L3HARRIS TECHNOLOGIES, INC. 00752 DMN4-28

0008 5985007394479 L3HARRIS TECHNOLOGIES, INC. 00752 DMN4-4

0009 5985010677628 L3HARRIS TECHNOLOGIES, INC. 00752 CNI8-4/D-1

0010 5985010678610 L3HARRIS TECHNOLOGIES, INC. 00752 AM-423-04

0011 5985010753441 L3HARRIS TECHNOLOGIES, INC. 00752 DMN50-3-2

0012 5985011046993 L3HARRIS TECHNOLOGIES, INC. 00752 DM H26-1

0013 5985011258332 L3HARRIS TECHNOLOGIES, INC. 00752 DMNI29-11

0014 5985011661034 L3HARRIS TECHNOLOGIES, INC. 00752 435061-1

0015 5985011713530 L3HARRIS TECHNOLOGIES, INC. 00752 CA-3230

0016 5985011764893 L3HARRIS TECHNOLOGIES, INC. 00752 CA-3263

0017 5985012176365 L3HARRIS TECHNOLOGIES, INC. 00752 435060-2

0018 5985012270210 L3HARRIS TECHNOLOGIES, INC. 00752 CNI22-4-1

0019 5985013513710 L3HARRIS TECHNOLOGIES, INC. 00752 DMCNI 22-14-1

0020 5985013920918 L3HARRIS TECHNOLOGIES, INC. 00752 DM-C146-13-2

0021 5985014430282 L3HARRIS TECHNOLOGIES, INC. 00752 DM Q71-1-1

0022 5985015438794 L3HARRIS TECHNOLOGIES, INC. 00752 Q134-2-1

0023 5985015906243 L3HARRIS TECHNOLOGIES, INC. 00752 N4-17-1/AE

0024 5985016012647 L3HARRIS TECHNOLOGIES, INC. 00752 N100-6-2

The use of the authority cited above:

[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 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.

NSN 5985004775553 and NSN 5985014430282- L3Harris Technologies (00752) is the only approved manufacturing source specified on the source control drawing. The limited availability of sources for an item coded with an AMSC of “B” indicates the item(s) is identified with an increased level of criticality therein requiring a high degree of production and manufacturing fidelity. The AMSC code is subsequent technical direction to acquire this item directly from the manufacturing source(s) specified on the source control drawing. This does not preclude offers from dealers; it means the manufacturing sources are restricted to the approved sources on the source-controlled drawing.

[X] AMSC C. This part requires engineering source approval by the design control activity 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.

NSNs: 5910012744657, 5985010677628, 5985010678610, 5985010753441, 5985011046993, 5985011258332, 5985011661034, 5985011764893, 5985012176365, 5985012270210, 5985013920918. For these NSNs, only the source identified in section 5 above is currently approved by the design control. It is the only known source to possess the requisite rights to technical data for these items and only known approved source for these items. For NSN 5985010678610, Warner Robins, the design control activity, has limited this item to sole source due to manufacturing process variances. L3Harris Technologies (00752) is the only known source to possess the requisite rights to technical data for this item and only known approved source for this NSN. Alternate offers are not being entertained for this item.

[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.

NSNs: 1095013358306, 1095015906150, 1095016106979, 4820016585068, 5985007267493, 5985007394479 5985015438794, 5985015906243, 5985016012647. 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. For these NSNs, only the sources identified in section 5 above, possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

NSN 5985011713530- 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. L3Harris Technologies (00752) is the only source to possess the complete technical data for this item; therefore, they are the only source uniquely qualified to manufacture this item and the only approved source listed for this NSN.

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

[X] A sources sought notice was issued on beta.SAM.gov. on June 21, 2021, for a period of five business days.

[X] The acquisition will be synopsized on beta.SAM.gov, for a period of 15 days.

[X] Solicitation will be posted on the DLA Internet Bid Board System (DIBBS) for a period of 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. As adequate price competition is not expected and any proposal received shall likely exceed the TINA threshold of $2,000,000.00, certified cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. In addition to any audits completed, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A. Market research was conducted by the Sourcing Strategy Branch, ZAA. The Sourcing Strategy Specialists (SSS) sent out the original surveys on April 15, 2021. The market survey was sent to the approved sources and dealers from recent procurement history. For NSN 1095013358306, Goodrich Corporation (31645) was an approved source; however, they were sold to Edo Artisan (95692). This CAGE was added as an approved source; however, they have never supplied item to the Government. Therefore, a market survey was not sent to this company. The market survey 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 Contract Specialist followed up with vendors in recent history on July 20, 2021; however, no additional responses were received.

On June 21, 2021, a sources sought notice was issued for five days on the Beta.SAM.gov website to seek out and encourage additional sources and vendor participation. The sources sought notice closed and there were no responses received to this notice. A summary of the responses received to the market survey request is below:

BAE Systems Electronic Systems (81413)

BAE was contacted for NSN 5985004775553. BAE owns the source-controlled drawing, but L3 Harris Technologies (00752) is the only approved manufacturing source specified on the source control drawing. BAE responded, L3Harris Technologies (00752)

Large manufacturer with a preference to deal with the Government Is interested in pursuing a Long-Term-Contract for any or all these items

NSNs are not commercial

Pioneer Industries, Inc. (66200) Small business distributor Is interested in pursuing a Long-Term-Contract;

Stated the NSNs are not commercial

B. It is the Contracting Officer’s determination that the NSNs will not be solicited non-commercial. Market research was conducted regarding the commerciality of the items and the contractors that responded have indicated that the items are not commercial. The items are made for the purpose of government use and no evidence of sale in the commercial marketplace was found. The items were not available on GSA Advantage website. The previous procurements were non-commercial. For these reasons, the items covered by this initiative will be non-Commercial and will be procured under FAR Part 15.

9. 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. Based upon the technical certification by DLA Land and Maritime – SAPD dated April 22, 2021, all means to obtain a technical data package adequate for manufacture of these items have been exhausted; see attachment #1- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for each NSN and verified the approved source(s). There is no pending 339’s with the Engineering Support Activity (ESA).

10. A listing of sources, if any, indicating an interest in the acquisition is: L3Harris Technologies (00752), Pioneer Industries, Inc. (66200)

11. With the exception of NSN 5985010678610, in addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, these items are subject to the following methods of locating additional sources:

For AMSC B:

[X] Solicitation contains DLA Procurement Note, L22 Restriction of Alternate Offers for Source Controlled Items

For AMSCs C, D, and R:

[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

As stated previously for NSN 5985010678610, Warner Robins has limited this item to sole source due to manufacturing process variances and alternate offers are not being entertained for this item.

12. The buyer searched the previous awards listed in the contract history in Records Management in E- Procurement for previous J&A’s, as required by DFARS PGI 206.304, and was only able to locate one J&A for contract SPE7MX-17-D-0022; see attachment #2- Previous J&A. No other J&As were located. The other acquisitions were conducted under simplified procedures and did not require a J&A.

Justification for Other Than Full & Open Competition (December 2011)

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

Brandy Warner – Contracting Officer

APPROVAL/CERTIFICATION

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

Head of Contracting Activity (HCA) Signature

ATTACHMENTS

1. Tech Certification

2. Previous J&A

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER BRANDY.DANIELLE.125189

Date: 2021.08.06 07:33:06 -04'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.1041175032

Date: 2021.08.13 14:11:11 -04'00'