SPRBL1-20-R-0027_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-R-0027

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 five-year, Firm-Fixed-Price (FFP), Indefinite-Delivery, Indefinite-Quantity (IDIQ) supply contract to procure the item identified below using procedures in Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items and FAR Part 15 Contracting by Negotiation.

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

5985-01-590-8364 Full Loop Antenna, Part Number: RF-3134-AT003 944 3D

Total Estimated Value:

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

The Government intends to acquire National Stock Number (NSN) 5985-01-590-8364, Part Number RF-3134- AT003. The item is an On-The-Move (OTM) Vehicular Loop Antenna designed for Near Vertical Incident Skyway (NVIS) HF communications. This high "Q" antenna provides required bandwidth with excellent efficiency with limited groundwave capabilities to maintain Line-Of-Sight links. The RF-3134 interfaces to the Falcon® II Series of HF radios including the RF-5800H and AN/PRC-150(C) when used with 125W and 150W amplifiers.

The Vehicular Loop Antenna is fully compatible with fixed-frequency, MIL-STD-188-1418 ALE, 2G and 3G ALE/data modes, when used with the RF-382A and RF-5382 HF couplers.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE PERIOD NO OPTIONS):

MAXIMUM CONTRACT

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 only approved manufacturer with the comprehensive knowledge and expertise necessary to produce the required item for this action is L3Harris Technologies, Inc. (L3Harris) (CAGE Code 14304). L3Harris is the developer, sole manufacturer, and configuration manager of the HF Full Loop Antenna. The Government does not possess the technical data package (TDP) for the required item. L3Harris is the only source that possesses the drawings/specifications and complete TDP necessary to manufacture the required item. The Government requires these items to meet critical mission requirements in support of critical worldwide missions. Failure to acquire this item will detrimentally affect Warfighters who utilize the HF Full Loop Antenna, and will increase the risk of serious injury and loss of life.

[ ] 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:

L3Harris Technologies, Inc., CAGE Code: 14304

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 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.

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

[X] The acquisition was synopsized on May 28, 2020.

[ ] 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 May 5, 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:

Technical experts within the Army Communications-Electronics Research Development and Engineering Center, Product Realization Directorate published a Sources Sought Announcement (SSA), Notice ID: DLA-Aberdeen-20- 039, to the Government Point of Entry (GPE), beta.sam.gov, on May 5, 2020 to identify sources of supply with the capability to provide the required items. Interested sources were asked to describe their capability of manufacturing or supplying these items without the complete TDP and the ability of obtaining the materials required to manufacture these spare parts that are having known obsolescence issues. No responses were received from this SSA.

The Contract Specialist performed additional research by querying I2Log, Haystack and WebFLIS for more information. L3Harris is the only approved source for this part. No other manufacturer is an approved source of this full loop antenna besides L3Harris. The Contract Specialist contacted L3Harris to determine if L3Harris was the sole source provider for this item and, if so, did it have any distributors or resellers for this part. L3Harris stated that they are the sole source provider, and will not respond directly to the Government.. Instead, L3Harris utilizes only one distributor, Science Applications International Corporation (SAIC) (CAGE Code: 79343), for DLA requirements.

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

[X] A market survey was conducted on/during: May 5, 2020.

Total number of vendors contacted: This was posted through the GPE.

Names of vendors contacted and responding: As discussed above, there were no responses received.

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: There were no responses received in response to the Market Survey.

Information received regarding the commerciality of the item(s): When the Contract Specialist reached out to L3Harris and SAIC, both confirmed the commerciality of these items. A commerciality determination was signed for this acquisition on May 18, 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 full loop antenna is listed below.

Contract Number Award Date Contractor Competitive/Sole Source SPRBL1-15-D-0027 September 25, 2015 Harris Corporation Sole Source

10. A listing of sources, if any, indicating an interest in the acquisition is: SAIC, CAGE: 79343.

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 (Explain): Market research was conducted to determine if any changes occurred from the previous buy that would support competition. The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions to be competed.