SPRBL115R0022JandARedacted.pdf

The Acquisition Method Code (AMC) for the antenna is “5” meaning the requiring activity has instructed that the Government acquire the item directly from a sole source contractor which is not the actual manufacturer. The Acquisition Method Suffix Code (AMSC) for the antenna is “R” meaning that the Government does not own the data or rights to the data needed to purchase this part from additional sources, and it has been determined to be uneconomical to buy the data or rights to the data.

4. Authority Cited: The applicable statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c) (1) as implemented by FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Reason for Authority Cited: The proposed source is Harris Corporation, RF Communications Division, (Harris), 1680 University Ave., Rochester, NY, 14610-1887, Commercial and Government Entity (CAGE) Code 14304. Harris is the only source capable of meeting the Government’s requirements. Harris is the developer, sole manufacturer, and configuration manager of the AN/PRC- 150 radio system. Additionally, Harris is the only source that possesses the drawings/specifications for the OTM Vehicular HF Full Loop Antenna RF-3134-AT003.

The AN/PRC-150 and its spare parts have been tested and fielded to multi-service customers. Harris owns the AN/PRC-150 radio design rights and data necessary to assure system performance. Harris owns the proprietary data rights associated with the technologies and manufacturing processes used for the production and repair of the spare parts used in the AN/PRC-150 radio system. The Government did not procure a Technical Data Package (TDP) and the rights to the technical data required to manufacture and test these radio sets and its related equipment, which includes the antenna. The Government made an inquiry to Harris in 2010 asking for its interest in selling the TDP for the radio and related equipment. Harris responded negatively. On 18 February 2015, the Government again contacted Harris to ascertain its interest in selling the technical data for the antenna. Harris provided a negative response, stating that Harris does not convey the right to manufacture its products, and also cited the negative impact selling technical data would have on the warranty of its products.

Without the TDP, any other source must perform an extensive and costly reverse engineering effort on the antenna to ensure it interfaces with the AN/PRC-150 radio and its spare parts to develop form, fit, function equivalents, followed by production and testing. It is anticipated that this would result in duplication of costs of $2-4 million that would not be recovered through competition, as well as corresponding delivery delays of up to five years. A competing contractor will have to develop its own product at their own expense. This would include the cost of the mechanical drawings, software code, vendor source control drawings and test procedures. These expenses coupled with the two year period to develop an OTM HF Full Loop Antenna for the AN/PRC 150 is not viable for most contractors to absorb at their own expense. Harris is the only source with the detailed knowledge and technical ability to provide, replace and upgrade the required spare parts, which include this OTM HF Full Loop antenna, for the AN/PRC-150. Failure to provide this antenna would jeopardize successful operation of the AN/PRC-150 and successful mission accomplishment and may result in serious injury or loss of life to Government personnel/War Fighters.

J&A SPRBL1-15-R-0022 For Official Use Only Source Selection Information – See FAR 2.101 and 3.104

6. Efforts to Obtain Competition: Market research was conducted, details of which are included in the market research section of this document.

In accordance with FAR 5.201, the proposed contracting action was synopsized on the Federal Business Opportunities (FedBizOpps) website on 28 January 2015 providing notice of the Government’s intent to issue a solicitation. The notice informed industry that any proposal received shall be evaluated.

In addition, the Government will include in the solicitation DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. This provision requires that Offerors furnish a technical data package to the Government for review and approval. If a competitive alternate offer is received, it will be evaluated for the potential development of a new source of supply.

7. Fair and Reasonable Cost Determination: 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 price analysis. Certified cost and pricing data will not be obtained for this commercial item in accordance with FAR 15.403-1(b)(3).

8. Market Research: On 19 December 2013, Technical Experts from the Communications-Electronics, Research Development and Engineering Center, Product Realization Engineering and Quality Directorate (CERDEC PRD), on behalf of CECOM LRC, published sources sought announcement (SSA) Number 5546-1 on the Federal Business Opportunities (FedBizOpps) website seeking potential sources for the HF Full Loop Antenna for the A/N PRC-150 Radio. Two companies responded to the SSA: NVIS Communication Inc. (NVIS) Morgan Hill, CA (CAGE Code 68D89) and COMROD Inc.

(COMROD) Cleveland, Ohio (CAGE Code 6LM77).

NVIS requested a competitive drawing package for the antenna and was informed by CERDEC PRD that the Government did not own antenna drawings, which are proprietary to Harris.

COMROD submitted a response dated 21 January 2014, which stated it was interested in supplying an equivalent antenna (HF230L_OTM) which COMROD said had the same form, fit and function as the Harris RF-3134-AT003. COMROD noted it was the original supplier to the Contract Awardee for contract W15P7T10F0027.

The CERDEC PRD Technical Experts evaluated COMROD's offer and could not determine from the information if the HF230L would satisfy interoperability requirements within the AN/PRC 150 radio system. Interoperability requirements for this antenna must be satisfied to ensure it will be able to interface with the Harris made antenna coupler to achieve certain specific frequency ranges. In order for the HF230L_OTM antenna to meet these requirements it would have to be tested and qualified to meet the performance specifications and interoperability within the AN/PRC-150 radio system.

COMROD (6LM77) located in the United States (U.S.) is a wholly owned subsidiary of COMROD Communication ASA of Norway which manufactures and supplies Harris with the antenna (part number RF-3134-AT003) used in the AN/PRC-150 radio. The DLA contract specialist contacted the COMROD U.S. Sales Manager on 6 November 2014 to obtain information about its response to the CERDEC Market Survey. The Sales Manager stated that COMROD is not a Harris dealer for the

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