Redacted_J&A_SPRAL1-18-R-0024_-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-18-R-0024

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0024 - 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 a Feed Horn Receiver, Transmitter for the following NSN 5895-01-661-7074 for part number 042135-01. 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 sourced to General Dynamics SATCOM Technologies, Inc. (1GD22). General Dynamics SATCOM 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

and UNIT EST.VALUE AMSC 0001 Feed Horn Receiver, Transmitter 5895-01-661-7074 26 EA $ Q

Feed Horn Receiver, Transmitter. The subject item is a Feed Horn Receiver, Transmitter. It is used on antennas – tracking satellites.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): A0234 – Very Small Aperture Terminal – Medium (VSAT-S).

Procurement History is available for this NSN.

Company Contract# NSN Date Quantity and Unit Unit Price

Price Reasonableness

Code General Dynamics

SATCOM

Technologies, Inc.

(1GD22) SPRAL117P0080 5895-01-661-7074 6/8/17 5 EA $15,626.24 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, General Dynamics SATCOM Technologies, Inc. The technical certificate from SYSCOM is attached to this document. General Dynamics SATCOM Technologies, Inc. is the only company known by the Government to possess the technical data necessary to manufacture this item.

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0024 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSN is sole source to General Dynamics SATCOM Technologies, Inc. (1GD22) per DLR tech data from Albany, GA. Technical personnel certified the AMC/AMSC coding and approved source as valid on August 7, 2018. General Dynamics SATCOM Technologies, Inc. is the only manufacturing source specified on the source control or selected item drawing.

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 Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). 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 July 16, 2018.

(X) The solicitation will be posted on DIBBS for 30 days.

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

The current requirement is sourced to General Dynamics SATCOM Technologies, Inc. The solicitation will be solicited for 30 days. The requirement is for a quantity of (26) EA for NSN 5895-01-661-7074 for part number 042135-01 for a total estimate of $).

In addition, the buyer will use previous award (SPRAL1-17-P-0080) for the price analysis to establish Government targets. The price analysis will utilize a % learning curve for the high target price and a % learning curve for the low target price. An informal cost breakdown will be requested from all offerors.

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2.0M per DAG 15.403-4 or DLAD 15.402-90.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from May 7, 2018 through May 18, 2018. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to General Dynamics SATCOM 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 (May 7, 2018 through May 18, 2018) which included the market survey as an attachment and allowed non-approved sources to submit a SAR. The second way market research was conducted via the market survey that was submitted to General Dynamics SATCOM Technologies, Inc.: May 7, 2018 through May 18, 2018, which was not completed by General Dynamics SATCOM Technologies, Inc.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: General Dynamics SATCOM Technologies, Inc.

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

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0024 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

Types of information requested:

Source sought:

A sources sought was posted in FedBizOps on May 7, 2018 with a response day of May 18, 2018. 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 General Dynamics SATCOM Technologies, Inc. via email in order to tailor our current acquisition situation under the following NSN – 5895-01-661-7074. 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 General Dynamics SATCOM Technologies, Inc. is sole source for this NSN.

General Dynamics SATCOM Technologies, Inc.

This procurement is a code and part number (042135-01) buy to General Dynamics SATCOM Technologies, Inc. General Dynamics SATCOM Technologies, Inc. is a large business per their SAM registration. General Dynamics SATCOM Technologies, Inc. did not provide a completed market survey after several attempts via email. DLA Land and Maritime is unable to state if General Dynamics SATCOM Technologies, Inc. carries this item in stock, if the item is quantity sensitive and if the item contains hazardous material. Quantity ranges, options, or zone pricing are not applicable for this requirement. DLA Land and Maritime is unable to know if General Dynamics SATCOM Technologies, Inc. is willing to quote FOB origin with inspection acceptance at destination. DLA Land and Maritime does not know if the item is commercial. Most of the provisions listed in the market survey are “Yes” or “No” answers. P/N and estimated unit price were not confirmed with ) at General Dynamics SATCOM Technologies, Inc.

Information received regarding the commerciality of the item(s): General Dynamics SATCOM Technologies, Inc. did not complete the market survey. Item is being deemed non-commercial. In addition, there was no information available from Google, Amazon, or EBay to support commerciality. The item is being deemed non-commercial and therefore FAR 15 procedures will be utilized.

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

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0024 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104) minimum needs of the Government.

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

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) Up to $700,000 Contracting Officer

614 692 4841 09 Aug 2018