Redacted_J&A_SPRAL1-19-R-0003_-_reviewed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-19-R-0003

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0003 - 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 Controller, Motor, for the following NSN 6110-01- 643-7065 for part number 77A562991G3. 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 Controller, Motor 6110-01-643-7065 9 EA $ B

Controller, Motor. The subject item is used on the TPS-59 (end item). This item is a component of the TPS-59 Radar used by the Marine Corp. The TPS-59 is an all solid-state L-Band, three-dimensional air defense radar that provides long-range surveillance and ground-control intercept capability in a tactically mobile environment. The radar can be integrated with other sensors for improved launch and impact point prediction, extended range capabilities, cooperative engagement and joint tactical information distribution. The TPS-59 radar’s 740 km range and full 360 azimuth scan results in a surveillance volume of 603 million km3 for tactical missile defense. The pre-driver driver is a module that is part of the transmitter assembly that controls the functionality of the transmitter.

This solicitation was issued on June 25, 2018 and closed on July 9, 2018 as a small purchase for a quantity of 9 for NSN 6110-01-643-7065. One offer was received from Lockheed Martin Corporation which was over the Simplified Acquisition Threshold (SAT).

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) SPRAL1-17-P-0062 6110-01-643-7065 03/21/17 5 EA $18,015.00 BI

Lockheed Martin Corporation requested the above procurement be cancelled due to obsolete material. Procurement was cancelled on August 18, 2017. Based on this information, DLA Land & Maritime will consider this procurement a first time buy.

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.

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0003 - 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 Lockheed Martin Corporation per DLR tech data from Albany, GA. Lockheed Martin Corporation 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 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 November 19, 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 Controller, Motor needs 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 Lockheed Martin Corporation and will be solicited for 30 days. The requirement is for a total quantity of (9) EA for NSN 6110-01-643-7065 for part number 77A562991G3 for a total estimate of $

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 request an informal cost breakdown to assist in deeming the price fair and reasonable, per FAR 15.403-3 - Requiring data other than certified cost or pricing data. Contracting Specialist searched Haystack for similar item for analysis with no success. Lockheed Martin Corporation will be asked to provide a similar item to assist in developing the targets/deeming the price fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from October 22, 2018 through November 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.

Initially, this solicitation was issued on June 25, 2018 and closed on July 9, 2018 as a small purchase for a quantity of 9 for NSN 6110-01-643-7065. One offer was received from Lockheed Martin Corporation which was over the Simplified Acquisition Threshold (SAT).

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 (October 22, 2018 through November 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

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0003 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104) market survey that was submitted to Lockheed Martin Corporation: October 22, 2018 through November 2, 2018, which was completed and forwarded via email on October 2, 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 October 22, 2018 with a response day of November 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. 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 – 6110-01-643-7065. 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 (77A562991G3) buy to Lockheed Martin Corporation. Lockheed Martin Corporation is a large business per their SAM registration and completed market survey. Lockheed Martin Corporation stated . 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 (POC) at Lockheed Martin Corporation. .

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.

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-19-R-0003 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 ( ) 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

22 Jan 19614 692 4841