Redacted_J&A_SPRAL117R0073.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-17-R-0073

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0073 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 for an Amplifier, Radio Frequency for the following NSN 5996-01-592-4339 for part number 307241-501. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized since after market research (FAR 10) was conducted and the Marine Corp.

technical data that was presented indicates the NSN is sole source to Ball Aerospace Technologies, Inc. (13993).

Ball Aerospace Technologies, Inc. is the only known provider of this item to meet the services’ needs. .

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

CLIN BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

0001 Amplifier, Radio Frequency 5996-01-592-4339 21 EA B

Amplifier, Radio Frequency. The subject item is an electronic device whose radio frequency input signals control power from a source independent of the input signals, and delivers radio frequency output signals of greater amplitude with respect to current and/or voltage. The output signals characteristics are uniformly related to the input signals. It operates at frequencies above 20 kilohertz.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): E0796 – Assault Amphibious Vehicle, Command.

Procurement History: Is available for this NSN. The procurements listed below were completed by DLA Land and Maritime. Since the 2012 timeframe, the NSN transferred back to the USMC to manage.

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Ball Aerospace

Technologies, Inc.

(13993) SPM7M013M1115 5996-01-592-4339 11/29/12 1 EA $34,822.00 BG

Ball Aerospace Technologies, Inc.

(13993) SPM7M012M2785 5996-01-592-4339 06/28/13 1 EA $34,822.00 BI

Previous J&A is not available for this NSN.

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.

Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Ball Aerospace Technologies, Inc. The technical certificate from SYSCOM is attached to this document. Ball Aerospace Technologies, Inc. is the only company 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: NSN is sole source to Ball Aerospace Technologies, Inc. per DLR tech data from Albany, GA.

The use of the authority cited is based on:

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

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0073 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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.

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

(X) The acquisition was synopsized on May 4, 2018.

(X) Other (Explain): Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. However, the Amplifier, Radio Frequency need to be procured from the sole source manufacturer based on the tech data. The technical certificate from SYSCOM is attached to this document (Attachment #1).

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

The current requirement is sole source to Ball Aerospace Technologies, Inc. and will be solicited for 30 days. The requirement is for a quantity of (21) EA for NSN 5996-01-592-4339 for part number 307241-501 for a total estimate of .

Certified Cost and Pricing data will be required because the estimated value threshold exceeds $750,000.00 per DAG 15.403-4 or DLAD 15.402-90. Cost and Pricing data will be submitted to DCMA to determine how the price would be determined fair and reasonable base on cost analysis. TINA (Truth in Negotiations Act) threshold will be increasing from $750K to $2.0M as of July 1, 2018, so while it applies now, it will not apply after the threshold change. An amendment to the J&A will be completed to remove the Certified Cost and Pricing Data (CCPD) clauses and provision after that date since the requirement will not be applicable.

In addition, the buyer will use previous award () for the price analysis to establish Government targets. The price analysis will utilize a curve for the high target price and curve for the low target price.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from December 6, 2017 through December 16, 2017. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Ball Aerospace Technologies, Inc. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”. In addition, there was no information available from Google, Amazon, GSA or EBay to support commerciality.

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 (December 6, 2017 through December 16, 2017) which included the market survey as an attachment and allowed for non-approved sources to submit a SAR. The second way market research was conducted via the market survey that was submitted to Ball Aerospace Technologies, Inc.: December 6, 2017 through December 16, 2017, which was completed and forwarded via email on December 18, 2017.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Ball Aerospace Technologies, Inc.

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

Types of information requested:

Source sought:

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0073 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

A sources sought was posted in FedBizOps on December 6, 2017 with a response day of December 16, 2017.

The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN in order to promote competition. Sources that are not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN.

LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN. While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted.

As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: A market survey was sent to Ball Aerospace Technologies, Inc. via email in order to tailor our current acquisition situation under the following NSN – 5996-01-592-4339. Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses for vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Ball Aerospace Technologies, Inc. is sole source for this NSN.

Ball Aerospace Technologies, Inc.

This procurement is a code and part number (307241-501) buy to Ball Aerospace Technologies, Inc. . Ball Aerospace Technologies, Inc. stated the item is not commercial. Most of the provisions selected by contractor were: “Yes” or “No” answers. .

Information received regarding the commerciality of the item(s): Ball Aerospace Technologies, Inc. stated the item is not commercial in their completed market survey. Ball Aerospace Technologies, Inc. did not provide any commercial invoices or evidence that supports item is available to the open market. In addition, there was no information available from Google, Amazon, or EBay to support commerciality.

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.

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0073 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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

Ball Aerospace Technologies, Inc. (13993)

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

(X) The solicitation contains the DLAD Procurement Note L04, Offers for Part Numbered Items.

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

(X) Other: The Marine Corp. does not intend to procure the technical data necessary to foster competition.

A source sought was posted in FedBizOps for 10 calendar days without receiving any responses for vendors submitting either SAR or market survey information for this requirement.

Attachment:

1. DLR Technical Certification.

2. PR Trailer

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.

Contracting Officer Phone Date

Julie M. Miller Typed name of Contracting Officer

Approval/Certification

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

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

614 353 8561 15 Jun 2018