JA6.3021CSPE7MX23R0115.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX23R0115

Controlled by: DLA Land and Maritime Controlled by: SAPD (ZBC)

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: anna.douglass@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

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[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/services on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN

EST. ANNUAL DEMAND

QUANTITY (ADQ)

EST. ANNUAL

DEMAND

VALUE (ADV) AMSC

Antenna 5985014980332 983 $ 1C

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

Personnel Carriers M-113A1, M-113A2, M-113A3 (29A) Radar Set, Firefinder (AN/TPQ-36) (BPM)

AN/TSQ-221B(V)1, TAIS, TA (BWA)

Shadow V2 (JXA) Multi Role Radar Sy (O6M) Grey Eagle UAS (Z1A) Unmanned Aircraft (UA) – ERMP UAS (Z6A)

ESTIMATED BASE VALUE: $

ESTIMATED 3 YEAR BASE VALUE: $

ESTIMATED TOTAL 5 YEAR VALUE (BASE + OPTIONS): $

MAXIMUM CONTRACT VALUE: $

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.

c011442 Cross-Out c011442 Cross-Out

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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Brief narrative supporting the situation and weapon system:

Technical certification dated July 24, 2023, was provided by a SAPD Technician. The certification states that this part requires engineering source approval by the design control activity in order to maintain 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. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. This item is to be procured from the approved manufacturers (See Attachment 1 – Technical Certification). L3Harris Technologies Inc. (00752), R.A. Miller Industries Inc. (05211), Antenna Research Associates Inc. (23360), and Cobham Advanced Electronic Solutions (93346) are the only companies known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Contractor CAGE Part Number L3Harris Technologies Inc. 00752 C200-2-1 R.A. Miller Industries Inc. 05211 RAMI201B

Antenna Research Associates Inc, 23360 ARA-0332 Cobham Advanced Electronic Solutions 93346 COM201B

L3Harris Technologies Inc. (00752), R.A. Miller Industries Inc. (05211), Antenna Research Associates Inc.

(23360), and Cobham Advanced Electronic Solutions (93346) are the only sources that have been identified as having the proper complete technical data and manufacturing expertise to supply this item to DLA and the using military services. This item is an Antenna that supports the following: Personnel Carriers M-113A1, M-113A2, M-113A3 (29A), Radar Set, Firefinder (AN/TPQ-36) (BPM), AN/TSQ-221B(V)1, TAIS, TA (BWA), Shadow V2 (JXA), Multi Role Radar Sy (O6M), Grey Eagle UAS (Z1A), and Unmanned Aircraft (UA) – ERMP UAS (Z6A).

The approved CAGEs and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on July 24, 2023. The technical data has indicated that this item is limited to L3Harris Technologies Inc. (00752), R.A.

Miller Industries Inc. (05211), Antenna Research Associates Inc. (23360), and Cobham Advanced Electronic Solutions (93346), as the sources.

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

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

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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.

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

[X] The acquisition will be synopsized on or about September 29, 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).

[ ] Manufacturers of similar products identified in the market research will be solicited.

[X] The approved manufacturers will be solicited.

[X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] Other. (Explain) In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

a. Certified Cost or Pricing Data (CCPD) is required. The contract maximum exceeds $2M; therefore, cost and pricing data will be required per FAR 15.403-4(a) (1). None of the exceptions apply. Cost and pricing clauses/provisions will be incorporated into the solicitation. If adequate competition is received, the CCPD clauses/provisions will be removed from the solicitation. This item will be solicited as other than full and open competition. The buyer only intends to award the NSN if a fair and reasonable price determination can be made.

b. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.beta.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the approved sources and past provider from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to ww.beta.SAM.gov on August 21, 2023 and closed on August 28, 2023.

No responses were received for the Sources Sought Notice.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[X] A market survey was conducted on/during July 24, 2023.

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Total number of vendors contacted: 4.

Names of vendors contacted and responding: L3Harris Technologies Inc. (00752), R.A. Miller Industries Inc.

(05211), Antenna Research Associates Inc. (23360), and Cobham Advanced Electronic Solutions (93346). A positive response was received from L3Harris Technologies Inc. (00752) and R.A. Miller Industries Inc. (05211).

No response was received from Antenna Research Associates Inc. (23360) and Cobham Advanced Electronic Solutions (93346).

Techniques used to conduct survey: Email.

Types of information requested: Commerciality, Length of Contract, FOB, Delivery & General information questions.

Summary of information received:

R.A. Miller Industries Inc. (05211) – Small Business Small Business manufacturer Interested in a LTC

Indicated that item is not commercial

L3Harris Technologies (00752) – Large Business Large Business manufacturer Interested in a LTC

Indicated that item is not commercial

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

Market Research respondents indicated that this item is not commercial. Buyer conducted additional online research and was not able to find this item available online. There are no GSA contracts listed. Past procurement

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was issued under FAR Part 15. Based on Market Research responses, online research, and past procurement history it has been determined that this item is not commercial.

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

[X] Based upon the attached technical certification, 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.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ ] Other: (Explain)_________________________________________________________________________.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) L3Harris Technologies Inc. (00752) and R.A. Miller Industries Inc. (05211)

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

[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 [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [X] Other (Explain) Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, this item was previously on LTC contract SPE7MX20D0108. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7MX20D0108 (Attachment 2) is included.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

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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.

Patrick Laugherty, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

[ ] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

Attachment(s):

1 – Technical Certification

2 – SPE7MX20D0108 J&A

LAUGHERTY.PATR

ICK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.12507

03704 Date: 2023.09.13 08:56:24 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.09.13 12:42:35 -04'00'