JA - Land Aberdeen - Patriot Parts Kit reviewed_Redacted_KO Approved.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-22-R-0009

Source Selection Information- See FAR 2.101 & 3.104

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

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 known manufacturer with the comprehensive knowledge and expertise necessary to produce the required items for this action is JENOPTIK. JENOPTIK was the developer and sole manufacturer of the EPP III. The Government does not possess technical data that completely defines the form, fit, and function of the items being procured. Additionally, the form, fit, and function of the EPP III and its spare parts are not defined in any nationally recognized industry standard or specification. Use of any other source’s spare parts would require additional testing and redesign since spare parts from any other source would not be compatible with existing EPP IIIs.

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

The current source for these kits is VINCORION JENOPTIK Advanced Systems, LLC, CAGE: 1VD61 (formerly Jenoptik Advanced Systems, LLC).

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 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

The previous J&A for contract SPRBL1-16-D-0041 stated the following:

The U.S. Army’s Communication -Electronics Command (CECOM) issued a Sources Sought announcement through the Government point of entry (www.fbo.gov) on October 7, 2014. The announcement required interested parties to respond by October 21, 2014. In addition, the contract specialist issued a Sources Sought announcement on February 23, 2015.

CECOM received two responses to the Federal Business Opportunity (FedBizOpps) Sources Sought Notice issued on October 7, 2014 from JENOPTIK Defense and Civil Systems (Cage D0857) and JENOPTIK Advanced Systems, LLC (Cage 1VD61). JENOPTIK Advanced Systems, LLC is a subsidiary of JENOPTIK Defense and Civil Systems and is the US affiliate. JENOPTIK Advanced Systems, LLC is the only approved source for these NSNs. Additionally, on February 23, 2015, the contract specialist issued a Sources Sought announcement on FedBizOpps and JENOPTIK Advance Systems, LLC (Cage 1VD61) was the only respondent.

JENOPTIK Advanced Systems, LLC is the only approved source for these NSNs. The components of these kits consist of proprietary items used in support of the PATRIOT MDS, EPP-III system. The Government does not own the technical data rights to these kits or components to use for competitive purposes. JENOPTIK Advanced Systems, LLC is the owner of the technical data package for these kitted parts.

In an attempt to address if the acquisition was able to obtain competition, DFARS PGI 206.303-2 and 206.304, were completed. The Contracting Office tried to locate the previous J&A from W911N2-12-D-0028 and W911N2- 12-D-0032. Those contracts were Army contracts, and DLA does not have access to those files. The previous Contracting Officer and Contract Specialist attempted to retrieve copies of the previous J&A, but were not successful.

As required by DFARS PGI 206.303-2(b)(i)(B), a copy of the previous J&A is included as Attachment 1.

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ ] $750,000 to $15,000,000 Competition Advocate

[ X] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)