A11-SPRBL119Q0081_JA-Redacted_FBO_POSTING.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-19-Q-0081

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

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

1. The Defense Logistics Agency, DLA Land at Aberdeen

2. The action being approved is the acquisition of supplies/services on other than full and open competition basis. This acquisition will utilize FAR 13.5, Simplified Procedures for Certain Commercial Items, and Special Emergency Procurement Authority (SEPA) Procedures. This procurement will be a Firm-Fixed-Price (FFP), Purchase Order with no options. Army Working Capital Funds will be used to fund this effort.

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

Amplifier, Radio NSN: 5996-01-598-0788

P/N: TL02UO-E0S0B0H0L00

235 EA 3B

Identify end item, weapon system, or class of item:

Radio Amplifier for the Warfighter Information Network – Tactical Increment 1 (WIN-T INC1) System

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

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:

41 U.S.C. 1903 - Available from only one or a limited number of sources.

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

The only manufacturer with the comprehensive knowledge, expertise and technical data rights to produce the Radio Amplifier is Communication and Power Industries (CPI), CAGE 5JUD6. CPI is the original equipment manufacturer (OEM) of the Radio Amplifier, and owns the design rights, drawings, specifications, software, and patents on this item, and regularly sells the Radio Amplifier to the public on the commercial market. The Government does not own any top-level drawings or more detailed drawings for this NSN, and only possess the NSN dimensional data (size and weight) and very limited functional data.

The use of the authority cited is based on:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[X] AMSC B. 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.

If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

[X] The acquisition will be synopsized on or about March 11, 2019 [ ] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies.

[ ] Other. (Explain) ___________________________________________________________

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

As the Contracting Officer, I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. In accordance with FAR 15.403-1(b) and (c), certified cost and pricing data will be not be required for this commercial part. If required to determine fair and reasonable pricing, data other than certified cost and pricing data will be obtained. The proposed contract action is a Purchase Order for 235 Radio Amplifiers using FAR 13.5 and SEPA procedures. Presently, the Government has an urgent requirement to cover back orders critical to support Warfighter needs for which there is no long-term contract (LTC) coverage.

8. Market Research/Efforts to Obtain Competition:

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[X] A market survey was conducted on February 13, 2017, and May 9, 2018.

Total number of vendors contacted: FBO Notice________ _________________

Names of vendors contacted and responding: See below for details for responses Techniques used to conduct survey: FBO Notice and follow-up email/phone calls Summary of information received:

The Army Integrated Logistics Support Center (ILSC) with coordination from DLA posted a Sources Sought Announcement (SSA) on February 13, 2017. As a follow-up to the original SSA, and as a precaution since the information was over a year old, DLA posted another SSA on May 9, 2018, which had a response date of June 9, 2018. One company, CPI, responded indicating interest in supplying this part. The Contract Specialist also conducted additional market research from April 20, 2018, through October 25, 2018, for the purposes of finding additional viable sources. As part of this research, the DLA Contract Specialist emailed market surveys to all active companies supplying WIN-T INC1 parts, with a primary (RNCC/RNVC 3/2) or secondary (RNCC/RNVC 5/2) part number. CPI was found to be the OEM. However, CPI would prefer to continue to support the program as a subcontractor to GDMS as GDMS has already established a well-coordinated working relationship with the Government through the WIN-T program. However, other suppliers or distributors may be able to supply this part to the Government. Thus, supplier and distributor competition is possible.

Information received regarding the commerciality of the item(s):

The solicitation and resultant contract, utilizing FAR 13.5 and SEPA procedures, will provide coverage for this NSN until an Indefinite Delivery Indefinite Quantity (IDIQ) LTC is awarded. A Commerciality Determination was approved on November 1, 2018, that included this NSN, the basis of which the Contracting Officer determined is applicable to this acquisition; as such, it will be included in the official file for this action.

[ ] A market survey was not conducted due to the unusual and compelling urgency of the requirement.

[ ] A market survey was not conducted due to:

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

The previous procurement history for the WIN-T INC parts is shown in the table below.

Contract Number Award Date Contractor Scope Extent Competed/Authority

W15P7T-15-D-0014 Apr 21 2015 General Dynamics C4 Systems, Inc. New & Remanufactured Parts Full and Open Competition

The Army contract listed above was procured using competition, with the intent that one prime contractor was to provide overall product support integration across the entire program as the WIN-T INC 1 system entered the sustainment phase. Three proposals were received in response to W15P7T-15-D-0014, only one was determined to be technically acceptable, per advisement of the Army Contracting Command – Aberdeen Proving Ground (ACC-APG) Branch F Chief on June 8, 2017. General Dynamics C4 Systems, Inc., CAGE 67032, 400 John Quincy Adams Road, Taunton, MA 02780-1036 was awarded the contract.

[ X ] Based upon the technical certification as signed below – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ ] Other: (Explain)_________________________________________________________________________.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

See Section 8 above.

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

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[ X ] $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) (DLA General Counsel signature line required when sending to AQ)