SPRBL119Q0121-Redacted_JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

SPRBL1-19-Q-0121

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 and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

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

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

Antenna Black Base/Green Dome Antenna Black Base/Sand Dome

NSN: 5985-01-682-1875 P/N: G420-06-1006-12

NSN: 5985-01-682-1014 P/N: G420-06-1006-13

19 units 37 units

3D O0

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

Antenna for the WINT-T INC 2 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:

10 U.S.C. 2304(c)(1) - 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 both Antenna assemblies is General Dynamics Mission Systems (GDMS) (CAGE 1VPW8). GDMS is the original equipment manufacturer (OEM) of both Antenna assemblies, and owns the design rights, drawings, specifications, software, and patents on this item. 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 Antenna assemblies are part of the WIN-T INC 2 System. WIN-T is an extensive tailorable suite of integrated tactical communication with network/cyber management capabilities to support the Army’s complex, joint, coalition, and civil missions worldwide. WIN-T is a tactical communications backbone that enables mission command and secures reliable voice, video, and data communications. WIN-T is composed of four systems: WIN- T Increment 1 (WIN-T INC 1), WIN-T Increment 2 (WIN-T INC 2), Tactical Cyber and Network Operations and Satellite Communications.

SPRBL1-19-Q-0121

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

(May 2018)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

The WIN-T INC 2 system was designed by GDMS, and this item was specifically picked to be interoperable within the WIN-T INC 2 system and overall WIN-T Program. GDMS owns the design rights, drawings;

specifications, software and patents for the WIN-T INC 2 program, and designed this system to use this particular part. The Government does not own the Technical Data Package (TDP) of the WIN-T INC 2 system to allow for reconfiguring the system to use different parts without reverse engineering the entire WIN-T INC 2 system and WIN-T program. The Army Technical Expert advised that to reverse-engineer the WIN-T program and the WIN-T INC 2 system requires significant labor and material resources and the process will take at least five years.

Note: WebFLIS currently has AMC/AMSC 3D listed for NSN: 5985-01-682-1875 and AMC/AMSC 0O listed for NSN: 5985-01-682-1014 and CAGE code 0P0N7 listed for both NSN’s. AMC/AMSC 0O and CAGE code 0P0N7 are incorrect and are in the process of being updated to 3D and the CAGE code to 1VPW8 as the OEM.

The use of the authority cited below:

AMC 3 - Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

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:

[ X ] The acquisition will be synopsized on or about 01 Aug 2019 .

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

[ ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (Explain)

[ ] 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)(3) and (c)(3), 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 56 Antenna Assemblies 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:

General Dynamics, as the prime and the integrator of the WIN-T Increment 2 system of systems, is the only known source of supply for the manufacture of these two NSN’s, and capable of obsolescence management of all the components in the WIN-T INC 2 network. The Government’s market share, pricing structure, and small business

OLICITATION

footprint for this contractual effort cannot be determined by the Government. There are no known applicable socio-economic factors or any trade, legal, or political developments that affect the market. 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 competitive.

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

[ X ] A market survey was conducted on/during 11/17/2017 to 12/04/2017 for a 10 year LTC still in negotiations and is expected to be in place by the end of the 2019.

Total number of vendors contacted: FBO Notice .

Names of vendors contacted and responding: See below for details on 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) in coordination with DLA posted a Sources Sought Announcement (SSA) on November 17, 2017 to December 4, 2017 for a 10 year LTC, which is currently in negotiations and should be in place by the end of the year. It included an appendix with each of the NSNs along with their associated vendor part number(s) and CAGE. Only two companies responded to the announcement, General Dynamics Mission Systems, Inc. and Datapath, Inc. Datapath is the OEM for roughly 20% of the NSNs.

Both General Dynamics and Datapath were deemed capable. In addition, this effort is similar in scope but not size to the numerous, recent spot buys for WIN-T Increment 2 equipment.

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 these NSNs until an Indefinite Delivery Indefinite Quantity (IDIQ) LTC is awarded. A Commerciality Determination was approved on March 4, 2019, that included both NSNs, 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:

From the responses to the market survey mentioned in section 8 above, engineering recommends an acquisition strategy of sole source to General Dynamics. This result was expected since the Government is not in possession of the required technical data. Only General Dynamics is in possession of the technical data required to manufacture the two NSNs and manage obsolescence for components in the WIN-T network. Purchasing the required technical data to allow for more competition would be out of the question since the cost would be in the hundreds of millions. There are no other present contract vehicles which may be employed to satisfy this requirement.

[ 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.

SPRBL1-19-Q-0121

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

(May 2018)

SPRBL1-19-Q-0121

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

(May 2018)

SOLICITATION

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.

Date

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

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)

08/07/2019

H igned by

08/07/2019

Date 2019.08.07 08 10 33 -04'00'