A11-_Justfication_and_Approval_Redacted_-SPRBL1-19-Q-0100.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Defense Logistics Agency 6565 Surveillance Loop

Aberdeen Proving Ground, MD 21005

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

[X] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 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 N/A [X] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

[X] A synopsis exception cited in FAR 5.202 applies.

[X] Other. As detailed in section 8 below, multiple SSAs were posted and multiple attempts were made to engage the ETM for this part. ETM has stated on multiple occasions that they cannot supply this part directly to the Government. The solicitation included both part numbers identified in section 3 above and was posted on the GPE for 10 days. Both sources identified in section 5 were notified of the solicitation posting. At the closing of the solicitation only L-3 Technologies provided a proposal.

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 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 38 Radio Frequency Amplifiers using FAR 13.5 and SEPA procedures.

8. Market Research/Efforts to Obtain Competition:

DLA posted an SSA to FedBizOpps from November 20, 2018 to November 30, 2018. No response was received to this SSA; however, a telephone call to L-3 Technologies by the Contract Specialist received an affirmative response that the company intended to provide a proposal in response to a forthcoming solicitation. Due to the age of the previous market research, an SSA was posted on FedBizOpps from March 19, 2019 to March 25, 2019 by the U.S. Army Communications and Electronics Command (CECOM). L-3 was the only company to respond to this second SSA.

The Contract Specialist followed up with the Army CECOM technical POC to ascertain whether the ETM, identified in WebFLIS, is a viable source for this part. The Army technical POC stated that the ETM indicated that the company could not provide the part directly to the Government and that DLA must procure this part from L-3, which has provided this part to the Government on previous acquisitions. The Contract Specialist reached out to the ETM to confirm; ETM confirmed that the company could not provide this part directly to the Government and would only supply this part through L-3.

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Defense Logistics Agency 6565 Surveillance Loop

Aberdeen Proving Ground, MD 21005

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

The Contract Specialist conducted additional market research by performing internet research of the products of the Phoenix system and querying WebFLIS and Haystack to determine if other sources were available. The only vendor for this part that was located in any Government system was L-3.

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

The Government does not own the TDP to manufacture this item. Based on extensive market research, one cannot compare the form, fit, functionality of one item to another without a complete TDP. Purchasing the TDP for this item would be more costly for the Government than purchasing required items from the identified source based on similar program estimates. L-3 Technologies is determined to be the only source of supply that can meet the Government’s requirements.

Procurement History:

SPRBL1-14-D-0001 a Firm-Fixed-Price (FFP), Indefinite-Delivery Indefinite-Quantity (IDIQ), long-term contract awarded January 10, 2014 to L-3 Communications. This acquisition was sole source to L-3. Prices were found fair and reasonable through an analysis of certified cost and pricing data. However, the technical engineer certifies the HPA meets FAR 2.101, definition of “commercial item”; specifically, paragraph (3) below because the HPA was similar to commercially available amplifiers with only minor modifications needed:

"Commercial item" means-

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offer

(2) Any item that evolved from an item described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;

(3) Any item that would satisfy a criterion expressed in paragraphs (1) or

(2) of this definition, but for-

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;

10. A listing of sources, if any, indicating an interest in the acquisition is:

L-3 Communications Systems – West, 640 North 2200 West P.O. Box 16850, Salt Lake City, UT, 84116.