SPRAL1-19-R-0008-Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-19-R-0008

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 Converter, Frequency (NSN 5895-01-646-9241). 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 GATR Technologies (GATR) (3XWN1). The previous buy solicited (SPRAL1-18-R-0037) required a J&A (attachment #3).

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

Brief Description NSN Quantity Price each AMSC Converter, Frequency 5895-01-646-9241 12 P

The Converter, Frequency is an electronic device having frequency mixing circuits and an integral oscillator, which mixes the incoming frequencies with the oscillator frequency, the resultant frequencies being a combination of the two sources. Includes equipment that performs these functions at either radio or power line frequencies. Excludes items that change frequency by means of rotating equipment or rectifier and switching or keying circuitry.

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

Satellite Communication Subsystem (NSN 5895-01-622-6417) - Satellite Communication Terminals (SATCOM) are inflatable and deploy easily, enabling high-bandwidth satellite communications—wherever and whenever. The SATCOM incorporates an inflatable radome design and flexible parabolic reflector mounted on its equator. The complete system packs neatly into as few as two airline-checkable cases, each weighing less than 100 pounds.

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: GATR Technologies (GATR) (3XWN1) is the sole designer, developer, and integrator for the Converter, Frequency used on the GATR SATCOM end item. As a result, is GATR uniquely qualified to provide the completed range of hardware required. GATR is also the only known firm that possessed the technical data, drawings, and specifications necessary to fulfill the government’s requirements. In addition, GATR unique shape and design enables extreme portability ease of set up and reliable in extreme environments. This reduces pack-out weight and volume by up to 80% compared to deployable rigid antennas, making it ideal for first-in deployments, remote applications and contingency scenarios where transportation and space are limited, specifically, designed for the US Military. Given the contractor’s involvement with the

(May 2018) design, development, qualification, manufacturing, and continuing improvements of the items readily available to them. GATR 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 GATR. GATR does not have dealers or distributors and they will provide a proposal for this solicitation themselves and not through a dealer distribution network.

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 P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

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

[X] The acquisition will be synopsized on or about September 5, 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 FedBizOpps from August 7, 2019 to August 15, 2019, 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 Converter, Frequency 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 Haystack and EProcurement. The history is below with the award date, contract number, quantity, unit price, total value, awardee and price reasonableness code (PRC):

Award CAGE Vendor Name Quantity Unit Unit Price Total Price Award Date PRC SPRAL119C0023 3XWN1 GATR Technologies, Inc. 21 EA $26,694.08 $560,575.68 4/5/2019 BG SPRAL117P0101 3XWN1 GATR Technologies, Inc. 5 EA $25,457.52 $127,287.60 6/27/2017 BG SPRAL117P0046 3XWN1 GATR Technologies, Inc. 2 EA $24,693.79 $49,387.58 2/28/2017 BN

History indicates the Converter, Frequency for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted.

(May 2018)

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, GATR (3XWN1) and posted a Sources Sought Notice (SSN) with the market survey attached on FedBizOpps from 8/7/2019 to 9/15/2019, for the procurement of the Converter, Frequency.

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

[X] A market survey was conducted on/during July 29, 2019 to August 9, 2019.

Total number of vendors contacted: 1 (one); OEM, GATR Technologies (3XWN1) Names of vendors contacted and responding: OEM, GATR Technologies (3XWN1)-GATR did not respond to this request for market survey information but to a response for the previous procurement, solicitation SPRAL118R0037 which the market survey is dated October 1, 2018.

Since this market survey was completed within a year, it will be used for this procurement. All further market survey discussion is based upon the previous market survey response.

Techniques used to conduct survey: SSN and email communication with market survey (see attachment #2).

Types of information requested: A SSN was posted to FedBizOpps on 8/7/2019 with response day of 8/15/2019. 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.

Summary of information received: The sources sought closed without receiving any responses for vendors submitting either a SAR or market survey. There are no other sources that make the Converter, Frequency for use in the end item, Satellite Communication Subsystem (NSN 5895- 01-622-6417) - Satellite Communication Terminals (SATCOM), specifically, the AN/TSC-212.

GATR (3XWN1) is sole source for this NSN. The contractor indic

. Per FAR 2.101 the item is considered commercial. If the government determines the need to verify price reasonableness, the contractor did not indicate if they are willing to provide invoices proving that the item has been sold commercially at like prices, for like quantities and or willing

(May 2018) to provide cost and price data. All of the provisions selected by the contractor were “No”. The

Information received regarding the commerciality of the item(s): The OEM, GATR (3XWN1) submitted supportable documentation to support a commerciality item determination (CID) on 10/2/2018, after submission of their initial market research response. The contractor provided their commercial catalog price list (July 2018) available to the commercial marketplace. The contractor indicated the exact item is sold to non-governmental customers in the same form without modification. GATR submitted an unredacted invoice to substantiate their claim. The item, Converter, Frequency (NSN 5895-01-646-9241) 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) none

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 8 calendar days without receiving any responses for vendor submitting a SAR.

Attachments:

1. DLR Tech Data Certification

2. GATR (3XWN1) Commercial Item Description (CID)

3. Previous buy J&A

(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

29 Aug 19