A11_Redacted_Justification_and_Approval.pdf

SOLICITATION: SPRBL1-17-R-0031

Justification and Approval For Other than Full and Open Competition

1. Contracting Activity: DLA Land at Aberdeen Attn: DSCC-MLAB 6001 Combat Drive Room C1-301 Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: This Justification and Approval supports the solicitiaton, negotiation, and award for a five-year, Firm-Fixed-Price, Indefinite Delivery Purchase Order (IDPO), commercial supply contract using other than full and open compeitition. The contemplated award will have one five-year base period with no option periods. This requirement is for the production and delivery of a Computer Interface Module (CIM) Display Unit under National Stock Number (NSN) 7025-01-618-6736, Part Number (P/N) 96-23754. Army Working Capital Funds will be used for this effort, and will be conducted using procedures outlined within Federal Acquisition Regulation (FAR) Subpart 13.5, Simplied Procedures for Certain Commercial, in accordance with 41 USC 1901. The resultant contract will have an estimated five-year dollar value of and a maximum contract value of . The guaranteed minimum for this contract is and will be placed at the time of contract award.

3. Description of Supplies/Services:

The CIM is a vital component of the 30 and 60 kW Tactical Quiet Generators (TQG). The required part meets specific performance, and interface requirements necessary for the operation of the MEP-805/815 and MEP-806/816 TQG sets. The 30 and 60 kW TQG’s are used in maintenance and infrastructure facilities, as well as weapon systems, Combat Support Systems (CCS), and various Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) equipment around the world. The TQG is being supported until approximately 2031, when the the TQG system is set to be replaced. Table A provides specific information on the subject requirement.

Table A: List of Supply Nomenclature NSN P/N CAGE Max

Value

AMC/AMSC

CIM Display Unit 7025-01-618-6736 96-23754 0FNW8 3B

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 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: L-3 Communications Westwood Corporation, located at 12402 E. 60th St Tulsa, OK, 74146-6920 (CAGE Code: 0FNW8), is the Original Equipment

Manufacturer (OEM) for this item, and is identified as the sole source supplier on the Government’s source control drawing. The Government does not possess verified technical data (drawings or specifications) completely defining the form, fit and function of the items being procured. In addition, the form, fit and function is not defined by any nationally recognized industry standard or specification.

The search of WebFLIS revealed that the Government does not own a complete data package for the CIM. This NSN has an Acquisition Method Code (AMC) of "3" and an Acquisition Method Suffix Code (AMSC) of "B". Per DFARS PGI 217.7506, an AMC of "3" means that this NSN should be acquired, for the second or subsequent time, directly from the actual manufacture. The AMSC of "B" means that this part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. As stated herein, the manufacturing source identified on the drawing is L-3 Communications Westwood Corporation.

6. Efforts to Obtain Competition: This is a proposed, non-competitive, follow-on acquisition of supplies previously awarded on a non-competitive basis. The previous justification recommended that the Government continue to conduct market research to ascertain if there are any changes in the market place that would enable future actions to be competed. The undersigned Contracting Officer determines that these efforts were completed through market research conducted in anticipation of this acquisition. A synopsis will also be issused in accordance with FAR Subpart 13.5 procedures.

7. Market Research / Interested Sources : In accordance with DFARS PGI 206.302-1, the Government issued two Sources Sought Annoucments (SSA) to determine if additional sources existed for this requirement. CECOM technical experts issed a Federal Business Opportunities (FedBizOpps) SSA on 13 October 2016, as well as a follow-up SSA on 1 December 2016. The Government did not receive any responses to either SSA.

The Contract Specialist sent a Market Survey to L-3 Communications Westwood Corporation on 27 February 2017 with a response deadline of 6 March 2017. L-3 provided a response to the Market Survey by the requested date.

8. Other Facts:

a. Procurement History: The Government previously procured the required NSN under contract W15P7T-10-D-F015. The requirement was solicited as a sole source commercial item, and was awarded to L-3 as stated in the below chart.

Table B: Procurement History Contract Company CAGE Size W15P7T-10-D-F015 L-3 Communications Westwood

Corporation 0FNW8 Large

b. Actions Being Taken to Overcome Barriers to Future Competition: The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future requirements to be obtained using full and open competition.

c. Acquisition Data Availability: The Government does not possess verified technical data completely defining the form, fit and function of the items being procured. In addition, the form, fit and function is not defined by any nationally recognized industry standard or specification. Drawings associated with this item direct the Government to purchase the parts from L-3 Communications.

d. Subcontracting Competition: FAR 52.244-6, Subcontracts for Commercial Items, will be included in the solicitation and the proposed contract.

9. Fair and Reasonable Cost Determination: As the Contracting Officer, I hereby determine that the anticipated cost to the Government 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(c)(3), certified cost or pricing data is not required on commercial items. If appropriate, the Contracting Officer will request other than certified cost or pricing data to support a fair and reasonable price determination.

10. Certifications: I hereby certify that the requirements which form the basis of this justification are accurate, that these supplies meet the Government’s needs in accordance with applicable specifications and that this justification is accurate and complete to the best of my knowledge and belief.

Date: ___

Engineer Signature

I hereby certify that the requirements which form the basis of this justification are accurate and that this justification is accurate and complete to the best of my knowledge and belief.

Date: ____

Item Manager Signature: _

2017 JUNE 06

07 June 2017

As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Justin Ruth Date: ______________________________

Procuring Contracting Officer Signature: __________________________

Approval Requirements

I have reviewed and approve this justification.

Date: _____________________ Signature: __________________________

Competition Advocate DLA Land and Maritime

Contracting Officer Competition Advocate Head of Contracting Activity

( ) Up to $700,000 ( X ) $700,000 - $13 5 0 00 ( ) $13 50 00 - $93,000,000 ( ) Over $93,000,000 Senior Procurement Executive

June 8, 2017

RUTH.JUSTIN.DOU

GLAS.1041894870

Digitally signed by

RUTH.JUSTIN.DOUGLAS.104189

Date: 2017.06.08 14:40:30 -04'00'

12 June, 2017 HOLTZAPPLE.BRAD

LEY.A.1198214309

Digitally signed by

HOLTZAPPLE.BRADLEY.A.11982

14309 Date: 2017.06.12 08:26:10 -04'00'