SPRBL1-20-Q-0019_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-19-Q-0019

DLA Land & Maritime Justification for Simplified Acquisition Procedures (May 2018)

[ ] A synopsis exception cited in FAR 5.202 applies:

The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

[ ] Other. __________________________________________________________________ .

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable Enhanced Bandwidth Efficient Modem (EBEM), MD-1366/U, has been determined to be commercial based on its availability in the open market. The EBEM retains a large number of its nongovernmental functions and physical components with the addition of minor modifications not customarily available in the commercial marketplace in order to fit Federal Government requirements. Therefore, the Contracting Officer will use a combination of Price Analysis and vendor quotes in order to determine price fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A Request for Information (RFI) was posted on the FBO website on 7 December 2017, with a response date of 18 January 2018 and in accordance with DFARs PGI 206.302-1(d). A second RFI was posted on the FedBizOpps (FBO) website on 15 November 2018 with a response date of 23 November 2018. It was issued to ensure that the market research remained current, accurate and relevant. The initial RFI had two respondents: Ensil Technical Services, Inc. (CAGE 52GG4) on 18 January 2018, and ViaSat, Inc. on 8 February 2018. The secondary (November 2018) RFI posting only received one response, which was from ViaSat. Ensil’s RFI submission was evaluated, and the determination was made that Ensil was not capable of performing the required services due to ViaSat’s proprietary rights to the EBEM modem, thereby prohibiting Ensil’s ability to re-engineer the EBEM Modem. In addition to the market survey postings, the following websites were queried in November 2018 to determine if there were additional sources for the services: Ability One, Federal Prison Industries, Inc. (Unicor), Federal Supply Schedules, Contractor Performance Assessment Reporting System (CPARS), Small Business Administration (SBA), and Preferred Sources List on the Strategic Sourcing Initiatives website. The queries did not yield any additional sources. Furthermore, the ILSC technical experts have periodically researched various trade journals online (i.e., Defense News, National Defense, Society of Automotive Engineers (SAE) International, Defense Acquisition Technology and Logistics (AT&L) Magazine, United States Army Futures Command (AFC) Combat Capabilities Development Command (CCDC) C5ISR Center’s Product Realization Systems Engineering & Quality Directorate (PRD), and Inside The Wire Newsletter) to keep abreast of changes in the marketplace that could provide opportunities for competition of the required services. To date, no such opportunities have been identified. The EBEM Modem evolved from its initial procurement for the mission with unique government-function-only features. Hence, upon continual market research of alternative software and hardware, with some degree of similar functions and features, there is currently no alternative software and hardware with the comprehensive capabilities needed to fulfill mission sustainment for the Warfighter.

Additionally, in accordance with FAR 5.201, a pre-solicitation notice was posted on the FBO website on 23 July 2019 and again on 15 November 2019. To date, no responses have been received. However, any responses received will be considered.

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

DLA Land & Maritime Justification for Simplified Acquisition Procedures (May 2018)

[X] A market survey was conducted on/during the continuing months.

Total number of vendors contacted: one (1)

Names of vendors contacted and responding: one (1) Techniques used to conduct survey: Email and Telephone

Example of types of information to be requested: Product lead time, price break ranges if applicable, other relative information that may impact acquisition, supply or delivery, vendor name, CAGE, address, company representative, Tel/fax#, and applicable email address.

Summary of information received:

Contacted ViaSat and verified its position as the current contractor for this item.

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

CD 2018-O0018

Class Deviation- 2018-O0018, Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority. This clause deviation is effective on August 31, 2018, and remains in effect until incorporated into the FAR or DFARS, or until otherwise rescinded.

(c) Under 41 U.S.C. 1903, the simplified acquisition procedures authorized in this subpart may be used for acquisitions that do not exceed $13 million when—

(1) The acquisition is for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation; to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster; or

(2) The acquisition will be treated as an acquisition of commercial items in accordance with 12.102(f) (1).

9. Additional facts supporting Simplified Acquisition Procedures:

[X] Based upon the technical certification on file in DLA Land and Maritime –The data presently available reflects the minimum needs of the Government.

DLA Land & Maritime Justification for Simplified Acquisition Procedures (May 2018)

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

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)____________________________________________________________________________________

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.

Contracting Officer Date

RUTH.JUSTIN.DOUGLAS.1041894870

Digitally signed by RUTH.JUSTIN.DOUGLAS.1041894870

Date: 2019.12.03 09:03:50 -05'00'