SPRAL117R0013_-_reviewed_Redacted.pdf

JUSTIFICATIONS FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0013

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0013- SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 1 of 6

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 of the ANTENNA (NSN 5985-01-646-7702).

Other than a full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized after market research (FAR 10) and U.S. Marine Corp tech data it was determined that the NSN on the requirement is sole source to GATR Technologies, Inc. (3XWN1).

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

ANTENNA 5985-01-646-7702 2.00 H*

*An email was sent to U.S. Marine Corps LOGCOM to request a permanent AMSC code.

Attachment I– PR Trailer

The following is the item and end item description:

The ANTENNA is used on GATR’s 2.4 Satellite Antenna System.

The GATR 2.4 meter antenna system is GATR Technologies' flagship product. Unlike traditional rigid satellite dishes, a single-band solution of the GATR 2.4 meter antenna system can be packed into as few as two cases weighing less than 99 pounds each. A conventional rigid 2.4 meter portable system can weigh up to 1,000+ pounds and require 6-10 large cases. The GATR offers up to an up to 85% reduction in the overall size and volume between the two.

The 2.4 meter is the most popular version of the GATR antenna systems and is currently in use throughout the world.

Attachment I includes a photograph and description of the end item.

Identify end item, weapon system, or class of item: TAMCN A04387, NSN 5985-01-646-7702: 2.4

SATELLITE COMMUNICATION ANTENNA.

ESTIMATED VALUE in U.S. dollars:

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.

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 2 of 6

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

This item is sourced controlled to GATR Technologies, Inc. (3XWN1). As a result, GATR Technologies, Inc. (3XWN1) is uniquely qualified to provide spare parts for the United States Marine Corps. GATR Technologies, Inc. (3XWN1) is the only known firm that possesses the technical data, drawings and specifications necessary to fulfill the Governments requirements. In addition, much of the design, technical data, material, and manufacturing processes required to manufacture this item was developed by GATR Technologies, Inc. (3XWN1).

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

(X) AMSC H. The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

(X) FAR 6.302-1 and 10 U.S.C. 2304 (c) (1). – Available from only one or limited number of sources:

GATR Technologies, Inc. (3XWN1) as per the technical certificate from U.S. Marine Corps SYSTEM

COMMAND (SYSCOM).

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

(X) The acquisition will be synopsized in FedBizOpps as a combined synopsis/solicitation since the requirement is considered commercial.

( ) Manufacturers of similar products identified in the market research will be solicited.

() Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (Explain)

(X) Other (Explain) – A sources Sought was conducted on FedBizOps from February 7, 2017 until February 21 under solicitation SPRAL117R0013. There was one (1) market survey response received to the sources sought notice that was published for ten (10) calendar days. The market survey was received from the original equipment manufacturer (OEM), GATR Technologies, Inc. (3XWN1), who is the sole source manufacturer, based from the technical certification that was provided by the U.S. Marines Logistic Command (LOGCOM).

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

Procurement history is not available for this NSN 5985-01-646-7702. Part number 12007B1200 was researched in Eprocurement and Haystack, but no information was found. Similar items were also researched in Haystack, but none were found. The General Services Administration (GSA Advantage) website was also researched, but part number 12007B1200 was not available

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 3 of 6 for purchase via GSA. The Antenna is available to the commercial market and can be procured online from GATR Technologies, Inc (3XWN1). Additionally, GATR provided a commercial price list offered on their commercial catalog. The unit price listed on GATR commercial catalog for part number 12007B1200 is $84,236.64 and the unit price provide on the market survey is than the unit price provided on their commercial price listed on their catalog. Therefore, it is anticipated that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

A source sought was conducted on FedBizOps from June 10, 2016 through June 20, 2016. In addition to the sources sought, a market survey was submitted to GATR Technologies, Inc.

(3XWN1) for their completion. There was one response received to the source sought notice that was published for ten (10) calendar days. A completed market survey was received from Janette Rawls, Contracts Manager of GATR Technologies Inc. (3XWN1) on June 20, 2016 and the First Time Buy Questionnaire was received on June 30, 2016. The results of the market survey will be discussed in detail under “Type of Information Requested.” An analysis was performed of the information in Haystack to review the procurement history and if any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that part number 12007B1200 is sourced controlled to GATR Technologies Inc. (3XWN1) and it does not indicate that it was previously sourced to any other vendor. No similar items were found in Haystack. Finally, part number 12007B1200 is not available for purchase via GSA Advantage website.

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

A market survey was conducted on/during: market surveys were submitted two ways. The first way was via the source sought (June 10, 2016 through June 20, 2016) which included the market survey as attachment. In the notice, it stated that anyone not providing an approved source would need to submit a Source Approval Request (SAR). The second way market research was conducted was sending the market survey to GATR Technologies Inc. (3XWN1),/sole source) via email on June 10, 2016 with a requested response by June 20, 2016.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: GATR Technologies Inc. (3XWN1).

Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

As indicated earlier, the OEM; GATR Technologies Inc. (3XWN1), was contacted to submit a complete market survey. The survey consists of approximately 20 general questions and the

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 4 of 6 questionnaire consists of eight questions about the item. Information provided about part number 12007B1200, confirms that GATR Technologies Inc. (3XWN1), is the manufacturer of this item.

Majority of the other questions involved check boxes and (yes or no) answers, miscellaneous questions and final comment section at the very end of the questionnaire. Information sought on the market survey included business size, quantity sensitivity of the item, if the items is carried in the inventory, if a dealer/distributor network exists, the anticipated unit price and delivery of the item, if the item is commercial, which FOB & I/A is acceptable, if the OEM recognized part numbers, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed and one market survey was received as indicated above.

GATR Technologies Inc. (3XWN1):

The feedback provided by GATR Technologies Inc. (3XWN1), included the following; they are a large manufacturer and sole source provider for NSN 5985-01-646-7702, part number 12007B1200.

GATR Technologies Inc. (3XWN1) indicated they do not carry this item in stock and delivery will be

Per FAR 2.101 (b) this item is considered commercial. This NSN is considered commercial per contractor’s information.

The part number was confirmed and GATR Technologies

Inc. (3XWN1) is EDI and MIL-STD-129 markings capable.

Information received regarding the commerciality of the item(s): based on market research information and Internet search the item is considered commercial. GATR Technologies Inc.

(3XWN1) has provided enough evidence that supports this item is available to the commercial market. After several requests, GATR Technologies, Inc (3XWN1) did not provide two (2) un-redacted commercial invoices. However, GATR Technologies indicated that this item is commercial on the market survey and provided a commercial price list as evidence. The unit price listed on GATR commercial catalog for part number 12007B1200 is $84,236.64 and the unit price provide on the market survey is than the unit price provided on their commercial price listed on their catalog. Additionally, GATR’s website specifies that this antenna is currently used by U.S., foreign military, intelligence, and homeland security, as well as commercial and non-governmental organizations. The GATR specifies that its unique attributes makes it a viable solution for everything from on-location Broadcasts in remote areas, to Humanitarian Aid, to the Oil and Gas Exploration. GATR’s extreme portability makes it ideal for these markets, focusing in on any application where you need a large aperture antenna and “getting there is a problem.” As in all the other applications of GATR’s antennas, the same benefits apply to the commercial market.

Furthermore, GATR provided a copy of their provisions and clauses for commercial items per FAR 52.212-4 Contracts Terms and Conditions – Commercial Items (Dec 2014). Therefore, the contacting officer has deemed this requirement commercial and FAR 12 procedures will be utilized.

http://www.gatr.com/commercial-solutions/broadcast http://www.gatr.com/commercial-solutions/humanitarian-aid http://www.gatr.com/commercial-solutions/oil-gas http://www.gatr.com/commercial-solutions/oil-gas

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 5 of 6

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

(X) Based upon the technical certification on file via the technical certification from SYSCOM 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.

( ) Other:___________________________________________________________________

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

GATR Technologies, Inc. (3XWN1).

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains Procurement Notes L04 and M06.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corps. does not intend to procure the technical data necessary to foster competition for this item. A source sought was posted in FedBizOps for 10 calendar days receiving one response from the GATR Technologies, Inc. (3XWN1). However, a SAR was not submitted for this requirement from any other vendor.

Attachment I–PR Trailer Attachment II–GATR’s Commercial Price List and Commercial Terms & Conditions

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

Julie M. Miller Contracting Officer Phone Date

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

Competition Advocate Phone Date

Signature

614 692 4841 30 May 2017

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 6 of 6

Head of the Contracting Activity (HCA) Date

Signature

Senior Procurement Executive (AQ) Date

Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer