SPRBL1-20-Q-0077_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-Q-0077

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 at Aberdeen, is the contracting activity.

2. This Justification and Approval supports a solicitation using other than full and open competition procedures for a Firm-Fixed-Price (FFP), one-time supply contract to procure the item identified below using procedures in Federal Acquisition Regulations (FAR) Part 13.5.

Army Working Capital Funds (AWCF) will be used for this effort.

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

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

5985-01-585-1530 Receiver-Transmitter Subassembly, Part Number: 215124-01

72 3B

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

The Government intends to acquire National Stock Number (NSN) 5895-01-585-1530, Part Number 215124-

01. The item is a Receiver-Transmitter Subassembly that supports the Warfighter Information Network – Tactical (WIN-T) At-the-Halt (ATH). The Government selected and tested this Receiver-Transmitter Subassembly to ensure successful integration with the current Satellite Transportable Terminals ( STT), to satisfy strict performance specifications. The STT systems are ground-based satellite communications systems that utilize the electromagnetic spectrum to transmit and receive information via satellite links. System requirements include adequate bandwidth to transmit data, stable connection with satellite, upload and download capability, and other requirements that allow the STT to fulfill its responsibility as a satellite communications terminal. The systems provide soldiers with communications between local and distant contacts, via telephonic and other electronic means, enhancing unit cooperation and tactics.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

N/A

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING

N/A

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.

Brief narrative supporting the situation and weapon system:

The Government requires Receiver-Transmitter Subassemblies that are interchangeable with the parts currently used on the STT systems. The only manufacturer with the comprehensive knowledge and expertise necessary to produce the required item for this action is DataPath, Inc. (CAGE Code 1BPK0). Although the Government possesses an overall performance specification for this Receiver-Transmitter Subassembly, the detailed design is proprietary to DataPath, Inc.

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

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

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

DataPath, Inc., CAGE Code: 1BPK0

The only approved manufacturer with the comprehensive knowledge, expertise and technical data rights to produce the Receiver Transmitter Subassembly is DataPath, Inc. (CAGE 1BPK0). DataPath, Inc. is the original equipment manufacturer (OEM) of the Receiver Transmitter Subassembly, owns the design rights, drawings, specifications, software, and patents on this item, and regularly sells the Radio Transmitter Subassembly to the public on the commercial market. The Government does not own any top-level drawings or more detailed drawings for this NSN, and only possess the NSN dimensional data (size and weight) and very limited functional data.

The Receiver Transmitter Subassembly is part of the (WIN-T) System. WIN-T is an extensive tailorable suite of integrated tactical communication with network/cyber management capabilities to support the Army’s complex, joint, coalition, and civil missions worldwide. WIN-T is a tactical communications backbone that enables mission command and secures reliable voice, video, and data communications. WIN- T is composed of four systems: WIN-T Increment 1 (WIN-T INC 1), WIN-T Increment 2 (WIN-T INC 2), Tactical Cyber and Network Operations and Satellite communications.

The WIN-T INC 1 system was designed by General Dynamics Mission Systems (GDMS), and this item was specifically picked to be interoperable within the WIN-T INC 1 system and overall WIN-T Program. GDMS owns the design rights, drawings, specifications, software and patents for the WIN-T INC 1 program, and designed this system to use this particular part. The Government does not own the Technical Data Package (TDP) of the WIN-T INC 1 system to allow for reconfiguring the system to use different parts without reverse-engineering the entire WIN-T INC 1 system and WIN-T program. The Army Technical Expert advised that to reverse-engineer the WIN-T program and the WIN-T INC 1 system requires significant labor and material resources and the process will take at least five years. The Army Technical Expert advised this part failure would lead to mission failure and warfighter death.

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 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 or about July 27, 2020 (combined synopsis/solicitation).

[ ] 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.

[X] Other. A Sources Sought Announcement was issued on February 07, 2020.

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

As the Contracting Officer, I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on the use of some combination of cost/price analysis, or a comparison of proposed prices with an independent government estimate. In accordance with FAR 15.403-1(c)(3), certified cost or pricing data is not required for commercial items. If appropriate, the Contracting Officer will request other than certified cost or pricing data to support a fair and reasonable price determination.

8. Market Research/Efforts to Obtain Competition:

The Army Integrated Logistics Support Center (ILSC) with coordination from DLA posted a Sources Sought Announcement (SSA) Notice ID Number 20200206 on the beta.SAM.gov Page on February 7, 2020 to identify whether any other source could manufacture this specific part. The SSA yielded no responses.

Since DataPath, Inc. is the OEM of this item and has previously supplied this item to the Government, The Government’s technical person contacted DataPath, Inc. via email on February 10, 2020 and inquired whether DataPath, Inc. is interested in supplying this item to the Government. DataPath, Inc. responded via email on February 10, 2020 and expressed interest in supplying this item to the Government.

The Government’s technical expert reviewed the procurement history for the required item. This research disclosed that DataPath, Inc. and General Dynamics Mission Systems (GDMS) have previously supplied this item to the Government. GDMS no longer supplies this product line. Because of this market research, it was determined that only DataPath, Inc. can meet the Government’s requirements.

The Contract Specialist performed additional research by querying I2Log, Haystack, General Services Administration (GSA) Advantage (gsaadvantage.gov), Thomas.Net and WebFLIS for more information. DataPath, Inc. is the only approved source for this part. No other manufacturer is an approved source of this Receiver- Transmitter Subassembly besides DataPath, Inc. The Contract Specialist contacted DataPath, Inc. to determine if DataPath, Inc. is the sole source provider for this item and, if so, did it have any distributors or resellers for this part. DataPath, Inc. stated that they are the sole source provider, and will respond directly to the Government.

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

[X] A market survey was conducted on February 7, 2020 thru February 21, 2020.

Total number of vendors contacted: This was posted through the Government Point of Entry (GPE).

Names of vendors contacted and responding: As discussed above, the Government did not receive any responses.

Techniques used to conduct survey: Posted through the GPE.

Types of information requested: The Contracting Officer requested information about the company, past performance information, qualifications/experience, and capabilities (in developing TDPs, managing obsolescence, and re-designing existing hardware components).

Summary of information received: No responses were received in response to the Sources Sought.

Information received regarding the commerciality of the item(s): When the Contract Specialist reached out to DataPath, Inc., it confirmed the commerciality of this item. A commerciality determination was signed for this acquisition on July 20, 2020.

[ ] A market survey was not conducted due to the unusual and compelling urgency of the requirement.

[ ] A market survey was not conducted due to:

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

[ ] 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.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] 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.

[X] Other:

The procurement history for the Receiver-Transmitter Subassembly are below.

Contract Number Award Date Contractor Competitive/Sole Source SPRBL1-19-P-0033 April 10, 2019 DataPath, Inc. Sole Source W15P7T-15-D-0014 April 21, 2015 General Dynamics Sole Source

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

DataPath, Inc.

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