SPRBL1-19-Q-0138_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [ZSOLICITATION_NUMBER]

DLA Land & Maritime Justification for Other Than Full & 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 on other than a full and open competition basis.

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

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

RF Downconverter, Programmed Assembly

5895-01-646-2368 6 5 P

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.

[ ] 10 U.S.C. 2304(c)(2) - Urgency.

The Programmed Assembly RF Downconverter, is a Shop Replaceable Unit (SRU) of the Small Tactical Radar – Lightweight Synthetic Aperture Radar /Ground Moving Target Indicator System (STARLite SAR/GMTI). The NSN is required to support the STARLite repair activity located at Tobyhanna Army Depot (TYAD). Northrop Grumman Systems Corporation (NGSC) (CAGE Code 97942) is the STARLite Original Equipment Manufacturer (OEM) and the sole owner of the complete and proprietary technical data package (TDP).

Solicitation SPRBL1-19-Q-0138 was posted to FedBizOpps (FBO) on 28 August 2019. Based on the Customer Requirement Package, the procurement was originally solicited as a Special Emergency Procurement Authority (SEPA) acquisition under the Simplified Acquisition Threshold (SAT). The only response to the solicitation came from NGSC. The quote was significantly higher than anticipated and drove the cost of the requirement above the

SAT.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Northrup Grumman Systems Corporation (CAGE Code 97942)

The use of the authority cited below:

[x] AMC 5. Acquire directly from the sole source contractor, who is not 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.

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

[x] The acquisition will be synopsized on or about 8/28/2019.

[ ] 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:

Solicitation SPRBL1-19-Q-0138 was posted to FBO on 8/28/2019.

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

The cost to the Government was negotiated between November 2019 and March 2020. Per FAR 15.403-1(b), certified cost and pricing data is not required. In order to ensure fair and reasonable pricing, the Government obtained other than certified cost and pricing data from NGSC. This included labor hour estimates and materials needed. Lay-in pricing was also used. In addition, the Contract Specialist conducted a PPI Analysis using NAICS 334511 and compared historical pricing from contract W15P7T-13-D-C118. Assistance from the DCMA Cost and Pricing team was utilized as well.

7. Market Research/Efforts to Obtain Competition:

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

[x] A market survey was conducted on/during 29 March, 2019 through 10 April, 2019.

Names of vendors contacted and responding:

NGSC was the only company that responded to the Sources Sought Announcement.

Summary of information received:

The market research for the subject NSN was performed on FBO, under Market Survey SPRBL1-19-Z-0001. The only company to respond was NGS C who is the sole source provider of this NSN.

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

[x] Other: The acquisition was originally solicited on FBO using SEPA under the SAT. The quote provided by NGSC increased the contract maximum value to push it over SAT.

10. A listing of sources, if any, indicating an interest in the acquisition is:

Northrop Grumman Systems Corporation (NGSC) CAGE 97042

11. The following actions are being taken to identify additional sources:

[ ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program

[ ] Source Development Review [ ] Reverse Engineering [x] Other: Ongoing market research is being conducted by engineers with CERDEC and postings of both synopsis and solicitations of all spare parts for this system on FBO.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[ X ] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)