A11_Redacted_J A_with_attachment_for_SPRBL1-16-R-0005.pdf

Justification and Approval

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

SPRBL1-16-R-0005

1. Contracting Agency: Defense Logistics Agency Land Aberdeen is the procuring activity for this action.

2. Description of Action: The proposed action is for a Five-Year, Firm-Fixed Price (FFP) Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for a Flight Data Recorder (FDR), NSN 6610-01-580-9437, Part Number 2500-1302-01 and Interconnecting Box (IB), NSN 5895-01- 564-9012 and Part Number S162-0030-70. L-3 Communications Aviation Recorders Division (L-3), CAGE 06141, 100 Cattlemen Road, Sarasota, FL 34232-6307 is the sole source supplier for these NSNs. This action will be conducted using FAR Part 12 procedures, Acquisition of Commercial Items. The resultant contract will have one, five-year base period with no options.

The end user for this requirement will be U.S. Army Aviation units. The materials to be purchased are for stock replenishment at the New Cumberland Depot (W25G1U). Army Working Capital Funds will be used for this effort.

Estimated values are as follows: Estimated Annual Value Estimated 5-Year Value Maximum Total 5-Year Value Guaranteed Minimum

3. Description of Supplies/Services: The FDR is a Solid state Combined Voice and Data Recorder (CVDR) which is designed as a 2 hour/ 4 channel high quality voice recorder. The IB allows the FDR to interface with the aircraft.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) and FAR 6.302-1(a)(2), “Only one responsible source, and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited: L-3 is the Original Equipment Manufacturer (OEM) for the FDR and IB and they have proprietary rights to the technical data package (TDP). The Government does not possess detailed drawings/specifications that would allow it to solicit this acquisition using full and open competition procedures. Market research, as described in section 8, did not reveal any sources outside of L-3 that were capable of providing comparable parts. These items are coded with an AMC/AMSC of 3P. An AMC code of 3 means acquire for the second or subsequent time directly from the actual manufacturer. An AMSC code of P means the rights to use the data needed to purchase this part from additional sources are not owned by the Government and cannot be purchased.

6. Efforts to Obtain Competition: Efforts to obtain competition will be accomplished through ongoing market research. Current market research is provided in Section 8 below. In accordance with FAR 5.201, this action was synopsized on the Federal Business Opportunities (FedBizOpps) website on 13 January 2016.

Justification and Approval

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. Data other than certified cost and pricing data will be obtained, if necessary to make a fair and reasonable price determination.

8. Market Research: The Contract Specialist (KS) conducted research by querying the Federal Logistics Information System Web (WebFLIS) and by performing an internet search.

Using an internet search engine the KS performed separate queries on the terms CH-47F Flight Data Recorder, Interconnecting Box and their associated NSNs. As a result of this research, no alternative parts were found for the FDR and IB.

9. Other Facts:

a. Procurement History:

Contract Number Award Date Contractor Extent Competed/Authority SPRBL1-10-D-0012 16 August 2010 L-3 Sole Source FAR 6.302-1

GS-24F-9023H 15 December 1999 L-3 Sole Source FAR 6.302-1

b. Acquisition Data Availability: The Government does not possess a TDP that would allow for Full and Open Competition.

c. Subcontracting Competition: FAR 52.244-5, Competition in Subcontracting, will be included in the solicitation and subsequent contract.

10. Interested Sources: This acquisition was synopsized in FedBizOpps. Any proposals that are received shall be evaluated.

11. Actions to Increase Competition: The solicitation and resultant contract(s) will include subcontracting opportunities. A small business subcontracting plan will be required per FAR 52.219-9 and DFARS 252.219-7003. FAR 52.244-5, Competition in Subcontracting, will be included and requires a contractor to select subcontractor and suppliers on a competitive basis to the maximum extent possible.

Per the guidance of DFARS PGI 206.304, the KS checked the previous J&A to see what actions were required to increase competition. The previous J&A stated that the Government will publish a Sources Sought Announcement (SSA) in FedBizOpps on an annual basis to determine if there are any changes in the market place (See Attachment 1). The KS contacted the previous Logistics Readiness Center (LRC) Technical Expert from SPRBL1-10-D-0012 and asked if they published an annual SSA as required in the J&A. He stated that they did not publish an annual SSA but that he did monitor the market place during the period of performance. He went on to say that L-3 remains the sole source for the FDR & IB.

Market research will continue to be performed by the KS and the LRC to determine if there are changes in market conditions that would enable competition. However, it is anticipated that this requirement will continue to be conducted on a sole source basis.

Justification and Approval Attachment 1 SPRBL1-16-R-0005