JA Redacted SPRAL125R0001.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRAL1-25-R-0001

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZAB

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC:

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

[ 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 on other than a full and open competition basis.

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMC/AMSC

AMPLIFIER, RADIO FREQUENCY 5996-01-661-6649 12.00 $ 3/Q

The Amplifier, Radio Frequency is an electronic device whose radio frequency input signals control power from a source independent of the input signals and delivers radio frequency output signals of greater amplitude with respect to current and/or voltage.

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

Table of Authorized Material Control Number (TAMCN): A02427G – The end item is a Very Small Aperture Terminal (VSAT) Large VSAT-L satellite communication subsystem which is several different items mounted or linked together to form part of a satellite system but does not constitute a complete functioning item.

ESTIMATED BASE VALUE: $

4. The statutory authority permitting other than full and open competition is:

[ X ] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources. The Marine Corps technical data determined the current NSN is in accordance with approved source: Comtech Satellite Network Technologies (Comtech) CAGE 01MX9 for part number 305-0535-999.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On November 19, 2024, USMC Logistics Command (LOGCOM) Equipment Specialist certified the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The NSN is sole source to Comtech (01MX9) per the DLR tech data from Albany, GA. Comtech is the only approved source that maintains the technical data necessary to manufacture the part.

The use of the authority cited below:

[ 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 will be synopsized on or about 20 December 2024.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from December 3, 2024, to December 13, 2024, with no responses received. The solicitation will be published for 30 days.

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 contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonableness

Code (PRC)

SPRAL119P0009 11/27/2018 S I T Corporation

CAGE 1MQB3

10 $24,090.48 $240,904.80 BB

SPRAL118P0081 8/13/2018 Vertex LLC

CAGE 7GL31

6 $26,575.45 $159,452.70 BB

History indicates the Amplifier Radio 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.

The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00;

therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government’s targets and later deeming prices fair and reasonable for this procurement.

Market Research/Efforts to Obtain Competition:

8. Describe the market research conducted and the results. Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM Comtech (01MX9). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 12/3/24 to 12/13/24, for the procurement of the Amplifier Radio Frequency.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X ] A market survey was conducted on/during from December 3, 2024, to December 13, 2024.

Total number of vendors contacted: One (1): OEM Comtech (01MX9).

Names of vendors contacted and responding: Comtech (01MX9) contacted but did not respond.

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

Types of information requested: A SSN was posted to SAM.gov on 12/3/24 with response date of 12/13/24. The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code Q. 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, Freight On Board (FOB), Inspection and Acceptance, part number, quantity, delivery, and OEM information.

Summary of information received: The buyer sought information from the only approved large source Comtech (01MX9) on 12/3/24. Comtech (01MX9) did not respond to the market survey. The buyer sent a follow-up email to the OEM on 12/18/24. The OEM did not respond. The buyer moved forward with what is known.

Information received regarding the commerciality of the item(s): Based on the above, the OEM, Comtech did not respond to the market survey, therefore, did not provide any supportable commerciality documentation. A Google search was conducted using the part number 305-0535-999 and NSN 5996016616649, but no information was found that could substantiate or determine the item to be commercial. Additionally, a General Administration Services (GSA) search was conducted on the part number 305-0535-999, but no GSA contracts were found. See Attachment 2.

The item, Amplifier Radio Frequency (NSN 5996-01-661-6649) is deemed not commercial. The item is unique to the Government and is made specifically in support of the two-way VSAT satellite communication subsystem used for Marine Air-Ground Task Force. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace. The item is not available in the commercial marketplace. The Contracting Officer determined the item not commercial.

9. Additional facts supporting other than full and open competition are:

[ X ] Based upon the attached technical certification, 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 Number Items

SOLICITATION SPRALl-25-R-0001 [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Part Numbered Items [X ] Other: The Marine Co1ps does not intend to procure the technical data necessaiy to promote competition. A Sources Sought Notice (SSN) posted to SAM.gov for 10 calendar days without receiving any SAR responses from vendors.

12. The two previous buys were both small purchase orders under the Simplified Acquisition Threshold (SAT) of $250,000.00, therefore a J&A was not required.

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 $750,000, this signature serves as the approval.

SELLERS.(ERIT A. Digitally signed by

SELLERS.CERITA.F.12S0708994

F .1250708994 Date: 2024.12.2012:43:12--05'00'

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

20 December 2024

Date

APPROVAL REQUIREMENTS

[X ] Up to $750,000

Attachment( s):

1. DLR Tech Data Ce1i

2. Google and GSA Search

Contracting Officer