Redacted_J&A,_SPRAL118R0043.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-18-R-0043

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

[ X ] 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/services for the Processor-Antenna Position (NSN 5895-01-622-6419). 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 (1UB81). There is no previous J&A for this NSN.

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

Processor-Antenna Position 5895-01-622-6419 11.00 Z

The microwave processor-antenna position control unit is an enhanced outdoor unit (EODU) e800 modem designed to eliminate reconfiguration and allow commonality of control. The processor antenna is an item specially designed for conversion of the modulated data and uplink hopword to LO and hopping signals, down conversion of the received Super High Frequency (SHF) signal from the satellite to an intermediate frequency signal and position control signals to the antenna(s) based on pointing and/or tracking signal calculations.

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

Hawkeye III Series Very Small Aperture Terminal (VSAT) - Satellite Communication Terminal (SATCOM) (NSN 5895-01-611-6411): The satellite communication terminal is a unit or set designed to direct, switch, and control receivers, transmitters and the like, used for communicating information via satellites, excludes terminal (2), telephone; terminal (2), telegraph. The Hawkeye III provides high-speed data communications for Internet, VPN connectivity and video transmission. The latest generation Hawkeye VSAT, the Hawkeye III, now gives the user the ability to switch between bands and apertures without having to purchase an additional system. The Hawkeye III terminals range in antenna size from 1.6M to 2.4M and utilize an enhanced ODU to eliminate reconfiguration and allow commonality of control. A simple swap of the feed boom assembly is all that is required to switch between bands.

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: L3 Technologies (1UB81) is the sole designer, developer, and integrator for the Processor-Antenna Position. As a result, L3 Technologies uniquely qualified to provide the completed range of hardware required. In addition, L3 Technologies’ unique design gives the user the ability to switch between bands and apertures without having to purchase an additional system. Special features include E800 modem without oscillator, LCD display for terminal status and monitoring information, and pre-loaded indirect option file capabilities via the front panel. Given the contractor’s involvement with the design, development, qualification, manufacturing, and continuing improvements of the items readily available to them. In addition, L3 Technologies developed 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 L3 Technologies.

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 Z. This part is a commercial/non-developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required.

When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

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

[ X ] The acquisition will be synopsized on or about October 23, 2018.

[ ] 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 April 13, 2018 to April 23, 2018, with one 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 Processor-Antenna Position 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.

Procurement history exist for this NSN via EProcurement. The history is below with the award date, contract number, quantity, unit price, total value, awardee and price reasonableness code (PRC):

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

AWARD

DATE

AWARD AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC)

7/25/18 SPRAL118P0074 L3 Technologies

CAGE 1UB81

10 $24,543.00 $245,430.00 BB

9/17/16 SPRAL116M0129 L3 Technologies

CAGE 1UB81

2 $24,230.00 $48,460.00 BG

4/17/15 SPRAL115M0051 L3 Technologies

CAGE 1UB81

4 $24,230.00 $72,690.00 BB

History indicates the Processor-Antenna Position, for the requirement was procured by DLA Land and Maritime (DLR Albany). The unit price will be compared to the General Service Administration (GSA) contract GS-35F-0718M (expiration 19 August 2022) unit price which is anticipated to be at or below the GSA unit price. To deem the price fair and reasonable a price analysis will be conducted. The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00. Cost and price data is not required in accordance with FAR 15.403-1(c)(3)(i) which is any acquisition of an item that the contracting officer determines meets the commercial item definition in 2.101, or any modification, is exempt from the requirement for certified cost or pricing data.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. Emailed a market survey directly to the OEM, L3 Technologies (1UB81) and posted a Sources Sought Notice (SSN) with the market survey attached on FedBizOpps from 4/13/18 to 4/23/18, for the procurement of the Processor-Antenna Position under

SPRAL118R0043.

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

[ X ] A market survey was conducted on/during April 13, 2018 to April 23, 2018.

Total number of vendors contacted: 1 (one); OEM, L3 Technologies (1UB81).

Names of vendors contacted and responding: L3 Technologies (1UB81).

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to FedBizOpps on 4/13/18 with response day of 4/23/18.

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 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.

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-0043

Summary of information received: The sources sought closed with no responses received. L3 Technologies (1UB81) responded to the market survey on April 24, 2018, as the OEM.

Information received regarding the commerciality of the item(s): The OEM, L3 Technologies (1UB81) stated the item is commercial. Per FAR 2.101, the item is considered commercial. The contractor indicated on the market survey response the item is commercial and therefore, provided supportable documentation to support a commerciality determination, such as commercial sales history, catalogs/price list or brochures.

The item microwave processor-antenna position control unit (NSN 5895-01-622-6419) is deemed commercial in accordance with FAR 2.101(1). This item 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. This item is sold in substantial quantities in the commercial marketplace and is offered for sale to the Government without modification. Therefore, the contracting officer has determined that NSN 5895-01-622-6419 is commercial off-the-shelf.

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) The OEM, L-3 Technologies (1UB81)

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. Government/Commercial Price List (1UB81)

3. GSA Contract GS-35F-0718M

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

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

06 Nov 18