Redacted_J&A_SPRAL118R0038.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-18-R-0038

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0038 - 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 Frequency Multiplier, for the following NSN 5895- 01-291-9952 for part number 77D614491G1. 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 Lockheed Martin Corporation (03538).

Lockheed Martin Corporation 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 Frequency Multiplier 5895-01-291-9952 4 EA $176,459.96 Q 0002 Frequency Multiplier 5895-01-291-9952 10 EA $458,698.00 Q

Frequency Multiplier. The subject item is an electronic device for delivering an output wave whose frequency is a multiple of the input frequency. It may also provide incidental signal amplifications.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): A1503 – Radar Set, AN/TPS59A(V)3.

Procurement History:

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Lockheed Martin

Corporation (03538) M6700416P2029 5895-01-291-9952 07/22/16 4 EA $4,600.00 * *Price Reasonable Code unknown as DLA does not have access to the pricing documentation used by USMC

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, Lockheed Martin Corporation.

The technical certificate from SYSCOM is attached to this document. Lockheed Martin Corporation 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 Lockheed Martin Corporation per DLR tech data from Albany, GA. Technical personnel certified the AMC/AMSC coding and approved source as valid on June 22, 2018.

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, 2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0038 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104) 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 30, 2018.

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

The current requirement is sole source to Lockheed Martin Corporation and will be solicited for 30 days. The requirement is for a total quantity of (14) EA for NSN 5895-01-291-9952 for part number 77D614491G1for a total estimate of $635,157.96.

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.

In addition, the buyer will use previous award (M6700416P2029) for the price analysis to establish Government targets. The price analysis will utilize a 95% learning curve for the high target price and a 99% learning curve for the low target price.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from June 21, 2018 through July 2, 2018. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Lockheed Martin Corporation. 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 (June 21, 2018 through July 2, 2018) 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 Lockheed Martin Corporation.: June 21, 2018 through July 2, 2018, which was completed and forwarded via email on July 9, 2018.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Lockheed Martin Corporation Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

Source sought:

A sources sought was posted in FedBizOps on June 21, 2018 with a response day of July 2, 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.

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0038 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 Lockheed Martin Corporation via email in order to tailor our current acquisition situation under the following NSN – 5895-01-291-9952. 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 from vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Lockheed Martin Corporation is sole source for this NSN.

Lockheed Martin Corporation This procurement is a code and part number (77D614491G1) buy to Lockheed Martin Corporation. Lockheed Martin Corporation is a large business per their SAM registration and completed market survey. Lockheed Martin Corporation stated they do not carry this item in stock, item is quantity sensitive and the item does not contain hazardous material. Lockheed Martin Corporation stated they rather deal with the Government for this procurement. Quantity ranges, options, or zone pricing are not applicable for this requirement. Lockheed Martin Corporation is willing to quote FOB origin with inspection acceptance at origin. Lockheed Martin Corporation stated the item is not commercial. Most of the provisions selected by contractor were: “Yes” or “No” answers. P/N and estimated unit price were confirmed with Mr. Armando Suarez (POC) at Lockheed Martin Corporation. Contractor will provide proposal within 30 days. They can provide STD-COM with MIL- STD-129 markings capable and they are EDI capability.

Information received regarding the commerciality of the item(s): Lockheed Martin Corporation stated the item is not commercial in their completed market survey. Lockheed Martin Corporation 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Lockheed Martin Corporation (03538)

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

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0038 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

( ) Source Development Review ( ) Reverse Engineering

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

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 07 Aug 2018