SPRBL1-17-Q-0039_J-A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [ZSOLICITATION_NUMBER]

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

[X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land Aberdeen, is the contracting activity.

2. The action being approved is the acquisition of supplies, twelve Omi Antenna on other than a full and open competition basis in accordance with FAR 6.302-1. The subsequent contract will be a firm-fixed price, definite quantity, one-time buy.

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

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

Omni Antenna, Altered 5985-01-555-9982

H309441-50 12 3R

Identify end item, weapon system, or class of item: _Antenna for ATNAVICS__

ESTIMATED BASE VALUE /CONTRAT VALUE_

ESTIMATED TOTAL VALUE (BASE + OPTIONS) N/A__

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.

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

Brief narrative supporting the situation and weapon system:

_The ATNAVICS System is a system designed and built by Raytheon. Raytheon owns all data rights to the system. The AN/TPN-31 ATNAVICS mobile radar system combines surveillance and precision approach radar for controlling and landing fixed and rotary wing aircraft. ATNAVICS is highly mobile, with a simplified set-up and reliable operation needed for rapid deployment, any place in the world. One complete ATNAVICS system is transportable in a single C-130 Hercules aircraft or several CH-47 helicopters.

The ATNAVICS system consists of a radar vehicle, an operations control vehicle and two XM1102 tactical power generator trailers. HMMWVs are the baseline ground vehicles that support the ATNAVICS system. The radar vehicle contains an S-band surveillance radar, an L-band secondary surveillance/IFF radar and an X-band precision approach radar. The operations HMMWV vehicle can operate up to 1,000 meters from radar HMMWV via fiber-optic link, the radar/sendor HMMWV uses Raytheon's proven AutoTrac 2000 automation software and only needs 2 crew-operators. The total estimated price of the proposed action is includes NRE.

The Acquisition Method Reason Code (AMRC) assigned to NSN 5985-01-555-9982 is “3R”. The Acquisition Method Suffix Code “3” signifies that the NSN should be acquired directly from the actual manufacturer and Acquisition Method Suffix Code "R" states, "The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them." In essence, this AMRC requires the government to return to the original manufacturer of the component, due to a lack of data to acquire from other sources.__

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

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

_Raytheon (CAGE: 7Y193)__

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 R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

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

[ ] The acquisition will be synopsized on or about __________________.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[X] A synopsis exception cited in FAR 5.202 applies. (explain) _ The proposed contracting action was initially not expected to exceed the simplified acquisition threshold, made through a means that provides access to the Government Point of Entry (GPE), and permitted the public to respond to the solicitation electronically. Therefore, based on the exception listed in FAR 5.202 (a) (13), the contracting officer has determined to waive synopsis.

[X] Other. The item was solicited on FBO for all interested offerors to submit an RFP on 16 August 2017 to 1 September 2017.

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

The solicitation will result in the award of a firm fixed price spot buy. The proposal came in

IGCE. Also, when originally considered and solicited, there was no indication that NRE would be required for the items in question. When the proposal was received, there was a total NRE. The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable. Other than certified cost and pricing data will be required and used to negotiate prices for the resulting contract. An audit will be performed and DCMA assistance may be requested. Detailed documentation and justification of price reasonableness will be disclosed in the official price negotiation memorandum, which will be prepared upon completion of negotiations.

8. Market Research/Efforts to Obtain Competition:

The Market research for the subject Spot Buy has been performed on the Federal Business Opportunities (FedBizOps), under Market Survey Number 6197-1, from 28 June 2017 thru 5 July 2017. No responses were received, however, Raytheon has shown interest in this procurement at various government contractor meetings such as weekly logistics teleconferences and Program Management Reviews (PMRs).

Therefore, we also conclude that Raytheon, being the developer, integrator, and Original Equipment Manufacturer of the AN/TPN-31 and AN/FPN-67 systems, is the only entity at this time that could meet the Government’s requirements.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

The Government intends to include FAR 52.219-16, Liquidated Damages-Small Business Subcontracting Plan, in the contract and work with Raytheon to maximize the selection of subcontractors consistent with the objectives and requirements of the contract and sound business case analyses.

Future requirements will be advertised in the FedBizOpps website (www.fedbizopps.gov) in order to ensure that potential alternate sources are aware of the requirement and can identify interest in support of this item.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competed.

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

[X] Other: Raytheon, being the developer, integrator, and Original Equipment Manufacturer of the AN/TPN-31 and AN/FPN-67 systems, is the only entity at this time that could meet the Government’s requirements. The Government does not own the data rights to this item.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Raytheon (CAGE 7Y193) 1001 Boston Post Road, Marlborough, MA 01752.

11. The following actions are being taken to identify additional sources:

[ ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [X] Other Ongoing market research is being conducted by engineers with CERDEC, and postings of both synopses and solicitations of all spare parts for this system on FBO.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $700,000, this signature serves as the approval.

___ _____________________________ _September 26, 2017________________ Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

KIRKLAND.MIMI.M. Digitally signed by

KIRKLAND.MIMI.M

Date: 2017.09.28 07:47:12 -04'00'

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

Competition Advocate Signature Date

Head of the Contracting Activity (HCA) Date Signature

Senior Procurement Executive (AQ) Date Signature

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[ ] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)