SPRBL1-19-R-0059_JandA _Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-19-R-0059

For Official Use Only - Source Selection Information, See FAR 2.101 & 3.104

[ 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.

[ X ] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

[ X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 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 August 6, 2019.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[ ] Synopsis exception cited in FAR 5.202 applies. (explain) [ ] Other. (Explain)__________________________________________________________________ .

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

This ten (10) year firm fixed price, Indefinite-Delivery, Indefinite-Quantity effort is expected to have a five year base and one five year option; the five year option will include a price redetermination. Certified cost and pricing data is expected to determine fair and reasonable pricing for both the base period and the option period at time of redetermination.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. See below.

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

[ X ] A market survey was conducted on/during March 2019 with responses due March 25, 2019.

Total number of vendors contacted: 2 directly contacted; 1 response to market survey.

Names of vendors contacted and responding: L3 Technologies (L3); ETM –Electromatic, Inc. (ETM).

Techniques used to conduct survey: FBO announcement with follow up email(s).

Types of information requested:

The Army technical expert requested the following information from any responses to the Sources Sought: (1) A brief summary of the company and its core competencies. (2 and 3) A communication channel information to include company’s name, address, point of contact, CAGE Code, and a brief description of your direct support of the effort. (4) Qualifications of engineering staff and experience in the design and production of application in AN/TSC-156D or similar in complexity and technology to AN/TSC-156D; (5) experience in identifying test equipment for components similar in complexity and technology to AN/TRSC-156D; (6) experience in managing obsolescence; (7) Whether company maintains a program and assessment tool to monitor and analyze the availability of components to allow clear and precise tracking of all obsolescence issues; (8) Experience in identifying alternatives for obsolete materials or other mitigation.

Summary of information received: (1) L3 provided answers to all questions listed in paragraph above, noting in particular its incumbency as the Original Equipment Manufacturer (OEM) of Phoenix, not only for the specific parts, but all parts, “engineering disciplines…test equipment and components to support any and all Phoenix activities”. The Army technical expert, based upon this response and his own knowledge of Phoenix system determined that only L3 can meet the Government’s requirements.

(2) According to WebFLIS, there is an additional previously approved source for a few Phoenix items, ETM, a small business, which the Army technical expert investigated as the parts may be able to be purchased directly without compatibility testing or integration. The Army technical expert directly reached out to ETM to determine the viability of this option. ETM currently manufactures the Tri Band High Power Amplifier (Tri Band HPA) and associated components as a subcontractor for L3. However, ETM responded that they had no interest in contracting directly with the Government. ETM uses L3’s proprietary data for manufacture; further ETM explained L3 conducts acceptance testing. Note that the Tri Band HPA is not on the list of NSNs to be procured on the table in item 3 above.

Information received regarding the commerciality of the item(s): The AN/TSC-156D supported by these NSNs does not have a commercial use, and these NSNs are military unique as they support no other end system sold in the commercial market. Consequently, it is the contracting officer’s determination that these items do not fit the FAR 2.101(b) definition of a commercial item, as they are not of a type customarily used by the general public, or for non-governmental purposes.

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

[ X ] Based upon the technical certification as signed below, the technical data is not available and cannot be developed to permit full and open competition. The data presently available is top-level and is not sufficient in detail to support full and open competition.

[ X ] As confirmed by the certification by the requiring activity, the Military Services will be seriously injured if contract award is delayed. The extent and nature of harm is detailed below: Procurement of compatible spares is critical to maintain the operational condition of the Phoenix system. Incompatible spares that do not have the form, fit, and function as specified in L3’s proprietary technical data could result in damage to the system itself and a non-operational condition, increasing the risk of serious injury or loss of life to the Warfighters. The Government does not own sufficient technical data to produce specifications for compatible spares. Additionally, the Government does not know the extent of the modifications required to ensure the spares are compatible with the Phoenix.

[ X ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

The Government does not own the requisite technical data package (TDP), and only possesses a part number and CAGE Code for the items subject to this acquisition. The available information presently in the Government’s possession is not sufficient to allow for competitive proposals. L3 owns all technical data for the Phoenix system.

All previous attempts to buy the TDP in the past have been denied, including as recently as January 4, 2019. Also, although the Phoenix system is design stable for the next ten years, the Government has determined that it would not be economically feasible nor in the Government’s best interest to procure the TDP at this time even if L3 was agreeable.

[ X ] Other: All actions listed in the previous Justification and Approval for SPRBL1-14-D-0001 and SPRBL1-14- D-0001 P00009 modification have been taken.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) L3 (CAGE 06401).

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 DLA Land Aberdeen and the Army Technical Experts will continue to conduct market research to ascertain if changes in the marketplace occur that would enable future acquisitions to be competitive.