SPRBL120R0032_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-20-R-0032

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 ANNUAL EST. QUANTITY AMSC

AN/MLQ-44B(V)1 Prophet Enhanced Cables Multiple* 1 unit each year per NSN 3R

*See Attachment 1 for the list of required 66 NSNs

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

This requirement is for the procurement of 66 Special Purpose, Electrical Cable Assemblies for the Prophet Enhanced (PE) System, AN/MLQ-44B (V) 1. The PE system consists of a sensor and a Tactical Exploitation Subsystem (TES). Its persistent 24-hour day/night, all weather, ground Signals Intelligence (SIGINT) and Electronic Warfare (EW) capabilities provide situational awareness to the Maneuver Commanders. The PE sensor exploits signals for intelligence and immediate combat information in order to supply near real-time actionable intelligence to the soldier. These customized cables are conductors used across all platforms of the PE system to receive and distribute power, used with servers, receivers, laptops, and other component connections, as well as allow the laptops to use different kinds of software.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS): and no Option Years

MAXIMUM CONTRACT VALUE:

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING: N/A

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 2304(c) (1) - Available from only one or a limited number of sources.

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

General Dynamics Mission Systems (GDMS), CAGE 1VPW8

Brief narrative supporting the situation and weapon system:

This Justification and Approval supports a solicitation using other than full and open competition procedures for a five-year, Firm-Fixed-Price (FFP), Indefinite-Delivery, Indefinite-Quantity (IDIQ) supply contract to procure the 66 parts included in Attachment 1. The Government requires spare parts that are form, fit, and functionally compatible with the PE system, AN/MLQ-44B (V)1 but does not possess the detailed Technical Data Package (TDP) that describes the detailed characteristics of these parts. Failure to award the proposed contract will detrimentally impact the programs or components utilizing the cables on the AN/MLQ-44B (V)1 platform.

GDMS (1VPW8), the Original Equipment Manufacturer (OEM), located at 8201 E McDowell Road, Scottsdale, Arizona, is the only known manufacturer of the PE system and these custom cables. No other source has shown interest in supplying these spare parts. GDMS owns the technical data necessary to produce these spares compatible with the PE system and is therefore the only known manufacturer with the comprehensive knowledge and expertise to produce them. In addition to the technical knowhow and successful past performance, GDMS has the Top Secret – Secret Compartmentalized Information (TS//SCI) facilities and qualified personnel to conduct the required testing or redesign of the cables. Product Manager Terrestrial Spectrum Warfare (Pd.M. TSW) reviewed the possibility of non-TS//SCI-cleared personnel participating in system-level design, calibration, and testing events. This was found to be unfeasible per the Security Classification Guide for the PE system.

On June 23, 2020, John Baron, IEWS ILSC Team Lead asked GDMS via email if they will sell the complete TDP to the Government. Adding, if the answer is yes, to provide an estimated cost to purchase.

Contract Manager, responded via email on June 24, 2020 stating, “While we appreciate your inquiry, GDMS would not be willing to sell the Prophet Enhanced Technical Data Package to the USG at this time.”

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, 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 was synopsized on betaSAM.gov on July 14, 2020. The standards set forth at FAR 5.207(c)(16)(ii) were included in the synopsis to instruct interested sources on establishing capability.

7. The Contracting Officer:

I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the analysis of other than certified cost and pricing data pursuant to FAR 15.403-3(a)(1)(ii) and price analysis.

8. Market Research/Efforts to Obtain Competition:

In accordance with FAR Part 10, Communication Electronics Command (CECOM), Product Realization Systems Engineering & Quality Directorate (PRD) and DLA Land at Aberdeen conducted market research for this effort. The market research consisted of a posting to betaSAM.gov, emails, phone calls and searching the following databases: WebFLIS, Army i2Log and the internet. Contracts W56KGY-17-D-0006 and W15P7T- 09-D-W401 are the Pd.M. supply acquisition contracts used to procure the PE system which includes training, technology insertion, production, installation kits and testing to the retrofit of Prophet Spiral 1 Electronic Support Sensors to the PE system configuration.

DLA posted a Sources Sought Announcement (SSA), Notice ID DLA-Aberdeen-20-025 on April 9, 2020 listing the 66 NSNs for this effort. The only response received was from GDMS. WebFLIS shows GDMS is the sole approved source for all 66 cables. Army i2Log shows no procurement history as these parts are still in the pre-sustainment phase and have not been individually procured by the Army as spares. These cables have only been procured as part of the PE system production in installation kits.

The Contracting Officer posted a synopsis to beta.SAM.gov on July 14, 2020 with responses due July 28, 2020.

This posting instructed interested offerors IAW FAR 5.207(c)(16)(ii) that all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. Other suppliers expressed no interest in this action. A review of the beta.SAM posting showed no vender identified as being interested in this action. The OEM confirmed in emails and a phone call that they will be providing a proposal for this procurement.

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

[X] This procurement was publicized on beta.SAM.gov. A SSA was posted April 9, 2020 and a Synopsis was posted on July 14, 2020.

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

[X] Other:

a. Procurement History: The APG Intelligence Electronic Warfare and Sensors Program Executive Office procured the PE System focusing on designing and upgrading the system. The following two contracts were used for this action: W15P7T-09-D-W401 and W56KGY-17-D-0006. No PE spares were individually procured on either contacts. Parts on these system contracts were procured under the description of varied installation kits and not by individual NSNs or part numbers.

b. Acquisition Data Availability: The Government does not possess the complete TDP but has the top-level data and part numbers that identity GDMS as the OEM for these cables. The Government does not currently possess a performance specification that describes all required form, fit, and function characteristics of the AN/MLQ- 44B (V)1 platform in full detail.

c. Subcontracting Competition: The Government will seek to maximize subcontracting competition with the inclusion of terms and conditions requiring large business concerns to submit a small business Subcontracting Plan for acquisitions meeting the $ threshold in accordance with FAR 19.702(a)(1)(i). GDMS is registered in SAM as a large business

d. Planned Actions to Increase Competition: The Government will continue to conduct market research to determine if other sources are capable of supplying these parts. The previous Justification and Approval (Control Number: JA-C-16-135) for the PE system, approved on June 23, 2016 did not identify actions to increase competition stating, “any attempt to compete individual components/subassemblies would result in a new configuration.” The summarized decision for not recommending actions to increase competition states, “competing individual components in this unique AN/MLQ-44B system-of-systems architecture would present significant technical risks and associated costs.”

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

GDMS, the OEM, responded to the SSA stating their interest in providing the cables. No other interested offerors responded to the notices.

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

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $ 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)