Redacted_J&A,_SPRAL118R0014.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-18-R-0014

DLA Land and Maritime Justification for Other than Full and Open Competition (May 2018)

[ ] ORIGINAL

[ X ] 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 for the Antenna (NSN 5985-01-650- 5894). Other than a full and open competition basis FAR 6.302-1 and 10 U.S.C. 2304(c)(1) will be utilized since after market research (FAR 10) and Marine Corps technical data it was determined the current NSN is sole source to L3 Technologies doing business as (dba) Datron Advanced Technologies (Datron) CAGE 82152.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Antenna 5985-01-650-5894 10.00 B

The antenna is a communication-on-the-move (COTM) system that delivers combat proven performance when the mission is most critical. The COTM Ka-Band Feed Assembly is a component of Model FSS-4180- LC Antenna. The FSS-4180-LC COTM Antenna System is a single, self-contained unit, making integration into any tactical or commercial application easy. Included in this single unit solution are the Antenna Control Unit (ACU), Inertial Measurement Unit (IMU), Beacon Receiver and swappable RF Suites of: a Solid State Power Amplifier (SSPA), Block Up Converter (BUC) and Low Noise Block Downconverter (LNB).

Antenna connection is quick and easy with an IF Transmit Cable, IF Receive Cable, Single System Power Cable, GPS and an Ethernet Communications Cable. The system is modem agnostic as it operates with any L-Band modem which gives the user the most flexibility.

This is a first time procurement and there are no other J&As available to attach/submit.

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

Very Small Aperture Terminals (VSAT) - Table of Authorized Material Control Number (TAMCN):

(A0387) Command and Control Systems/Network Management System (NSN 5895-01-605-1987). A computer system that provides integrated, automated planning control capabilities for the managing of communications systems in support of military operations. Capabilities include network planning, monitoring information exchange, network site selection, link connectivity engineering, path reliability and frequency/RF spectrum management. This system may or may not consist of a shelter server and tent workstations.

DLA Land and Maritime Justification for Other than Full and Open Competition (May 2018)

ESTIMATED 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: Datron (82152) is the sole designer, developer, and integrator for the Antenna used on the U.S. Marine Corps VSAT Command and Control Systems/Network Management System. As a result, Datron uniquely qualified to provide the completed range of hardware required. Datron is also the only known firm that possessed the technical data, drawings, and specifications necessary to fulfill the government’s requirements. The FSS-4180-LC COTM Antenna System is a single, self-contained unit, making integration into any tactical or commercial application easy. The Antenna is but one piece in a mobile terminal and therefore, the same antenna is used for commercial and military customers. The antenna is sold to companies that combine Datron’s antenna with the company’s baseband equipment (e.g modems, routers, accelerators, etc.) that form a complete SATCOM terminal or mobile earth station. Given the contractor’s involvement with the design, development, qualification, manufacturing, and continuing improvements of the items are readily available to them. In addition, Datron develops much of the technical data, material and manufacturing processes required to manufacture the item. The privately developed data, along with the corporate expertise are the sole property of Datron. While there are numerous antennas found on Google.com, market research reveals no other source, at this time, can provide this item with these unique features designed to fit the USMC VSAT system end item.

The use of the authority cited is based on:

[ 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

DLA Land and Maritime Justification for Other than Full and Open Competition (May 2018) 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. LOGCOM updated the AMSC code from temporary code of H to B via email on 9/11/18 (see Attachment 4).

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

[ X ] The acquisition will be synopsized on or about January 30, 2019.

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

[ ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ X ] Other. (Explain) A Source Sought Notice (SSN) posted to FedBizOps from September 11, 2018 to September 24, 2018, with no responses received. Based on the technical certification that as provided by LOGCOM (Logistics Command) (see Attachment 1), SYSCOM (System Command) does not own the drawings for this Antenna to allow for full and open competition to exist. The item needs to be procured from the sole source manufacturer, based on the tech data.

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

There is no procurement history existing for this NSN in EProcurement or Haystack. The value of this procurement is less than $2,000,000.00, Therefore, cost and pricing data is exempt based on FAR 15.403- 1(c)(A)(iii). Offerors may be required to submit other than certified cost and pricing data for determining reasonableness of price. This data may consist of material cost or an explanation of their pricing approach.

The Acquisition Specialist searched Google and found a similar commercial item to compare proposed unit prices, and/or request an informal cost breakdown to assist in establishing the Government’s targets and later deeming prices fair and reasonable for this procurement. In addition, the Acquisition Specialist anticipates comparing the proposed unit price to the OEM’s commercial price list.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. Emailed a market survey directly to the OEM, Datron (82152) and posted a Sources Sought Notice (SSN) with the market survey attached on FedBizOpps from 9/11/18 to 9/24/18, for the procurement of the Antenna (NSN 5985-01-650-5894). The OEM responded to the market survey.

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

[ X ] A market survey was conducted on/during September 11, 2018 to September 24, 2018.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Datron (82152).

Techniques used to conduct survey: Sources Sought Notice (SSN); and email communication with market survey attached.

Types of information requested: A SSN was posted to FedBizOpps on 9/11/18 with response day of 9/24/18.

The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN in order to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval

DLA Land and Maritime Justification for Other than Full and Open Competition (May 2018)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-18-R-0014

for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery and OEM information.

Summary of information received: The sources sought closed without receiving any responses for vendors submitting a SAR. Datron (82152) responded to the market survey on September 13, 2018, as the OEM. The contractor

Information received regarding the commerciality of the item(s): Datron (82152) indicated the item is commercial. Datron submitted supportable documentation to support a commerciality item determination (CID) on 9/13/18, after submission of their initial market research response. The contractor indicated the exact item sold to non-governmental customers in the same form without modification. The contractor provided their commercial price list (2018) available to the commercial marketplace. The contractor indicated they are not willing to provide copies of un-redacted commercial sales data (invoices, contracts/ orders) for their item. Datron has developed the FSS-4180-LC product family and sold these products competitively to both commercial and military markets. The contractor indicated the antenna is but one piece in a mobile terminal and therefore, the same antenna is used for commercial and military customers.

The antenna is sold to companies that combine Datron’s antenna with the company’s baseband equipment (e.g modems, routers, accelerators, etc.) that form a complete SATCOM terminal or mobile earth station.

The item, Antenna (NSN 5985-01-650-5894) is deemed commercial in accordance with FAR 2.101(b)(1)(ii), that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and has been offered for sale, lease, or license to the general public.

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: (If none, so state)

DLA Land and Maritime Justification for Other than Full and Open Competition

(May 2018)

Datron (82152)

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: The Marine Corps does not intend to procure the technical data necessary to promote competition. A SSN posted to FedBizOpps for 10 calendar days without receiving any responses for vendor submitting a SAR.

Attachments:

1. DLR Tech Data Certification

2. Commerciality Item Determination (Datron/82152)

3. Goggle Similar Item

4. DLR Tech Request Email (AMSC change)

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 Date Contracting Officer

APPROVAL REQUIREMENTS

(X ) Up to $700,000 Contracting Officer

31 Jan 2019