SPRBL122R0014_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-22-R-0014

Source Selection Information – See FAR 2.101 & 3.104

[X] 41 U.S.C. 1901- FAR Part 13.501(1)(1)(ii)- Sole source (including brand name) acquisitions.

Brief narrative supporting the situation and weapon system:

The NSN included on this acquisition supports the WIN-T INC 2 system. WIN-T INC 2 provides a full range of data, voice and video communications to battalion and above echelons using satellite and line-of-sight communications nodes that set up the SATCOM at-the-quick-halt to successfully meet operational requirements.

The hardware procurement supported by the resultant contract will assist in maintaining a minimum requirement stock availability readiness ultimately ensuring the field is supported and systems are fully mission capable.

The specified manufacturer listed in Table A is the Original Equipment Manufacturer (OEM) for the required WIN-T INC 2 component. The Government did not purchase or acquire the rights in data and design, or a Technical Data Package (TDP) for the WIN-T INC 2 components. The major electrical components include manufacturer proprietary information and could not be duplicated by another source without a TDP. The only technical data in the Government’s possession is Electronic Data for Provisioning, which is only dimensional data (size and weight). The Government has limited access to functional data for the Line Replaceable Units (LRUs) or components comprising WIN-T INC 2. Because the Government does not have the required technical data or know the specific technical functionality of the items, the Government cannot consider similar products, assuming any exist. More than likely, any potential equivalent would not be “plug and play” and would require costly configuration and integration modifications. Since the Government also does not have any LRU or component test specifications to compare potential, similar alternatives other than brand name, the Government is limited to purchasing the item listed in Table A, which is the NSN for procurement from the specified OEM. One cannot compare the form, fit, functionality of one item to another without a complete TDP. Based on similar program estimates, it would not be economically feasible to purchase the required TDP for all of the components that make up the WIN-T INC-2.

For a reverse-engineer process, any alternative equipment considered would require that a trade study be completed to determine potential impacts to system performance, requirements, interfaces, interoperability, and life cycle costs. The replacement of one angle bracket for example may not be a severe component change;

however, this change would require updates to documentation, studies, testing and retrofits to existing systems.

After trade studies and initial testing, the equipment would have to be integrated into the baseline. This new baseline system would then undergo extensive development to include production of supporting parts, cables, test equipment, and software development. The new baseline would also undergo extensive testing to include production of test plan(s), test procedure(s), configuration audits, integration testing, dry-runs, and formal tests. All of the extensive development, testing and integration of alternative equipment would add significant time and cost to the current program. Furthermore, no current long-term contract exists. WIN-T INC 2 cannot afford an even slight time increase without causing significant supply shortages to the soldier and readiness issues.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: 0A8J6 General Micro Systems.

General Dynamics (CAGE 67032) is also an identified secondary source for this item. General Dynamics is integrator of the WIN-T system, but they are not the OEM for this part.

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. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

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

[X] The acquisition was synopsized on or about February 25, 2022.

[ ] 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.

This Firm-Fixed Priced (FFP) contract is a Purchase Order for Quantity 80 EA under Special Emergency Procurement Authority (SEPA) using FAR Part 13.5 procedures. As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the use of some combination of cost/price analysis, a comparison of proposed prices with an Independent Government Estimate, past purchases, or informal cost data. This item has been found commercial via the Market Research For Commercial Items and Commerciality Determination signed by the contracting officer on March 15, 2022.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

A Sources Sought Announcement (SSA) was posted on SAM.gov, DLA-Aberdeen-22-033, from 14 January 2022 to 31 January 2022 by the U.S. Army Communications–Electronics Command (CECOM). The SSA listed one (1) NSN and discussed the requirement for new procurement and remanufacture of the items.

One vendor responded to the SSA on January 26, 2022: Cornet Technology Inc. (CAGE: 0KPC5). However, this vendor proposed a replacement LRU to fulfill this requirement instead of the LRU in the solicitation. The technical data is not available to determine if the part this company proposed as a replacement is suitable in the baseline.

This proposal was dismissed because the vendor did not propose supply of the solicited LRU. However, Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items will be included in the solicitation in the event an offeror wishes to offer an alternative product.

General Micro Systems, as the OEM for this LRU, is the only known source of supply for the manufacturing of this NSN. The Government has ensured that General Micro Systems Inc. could still supply the part. The Government’s market share, pricing structure, and small business 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 determine if any changes occur in the marketplace that could make future actions for this item more competitive.

Vice President of Sales at GMS in stated they are the only source for this item and does not sell to resellers or distributors.

In conclusion, it was determined by the Government’s technical experts that only the OEM General Micro Systems can meet the Government’s requirement for this part.

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

[X] A market survey was conducted on/during January 14, 2022.

Total number of vendors contacted: public;

Names of vendors contacted and responding: General Microsystems Inc.

Techniques used to conduct survey: Posted survey on Government Point of Entry website for fourteen (14) days.

Types of information requested: Requested sources of Sources sought that can supply or manufacture the Blackhawk Servers.

Summary of information received:

One vendor responded to the SSA on January 26, 2022: Cornet Technology Inc. (CAGE: 0KPC5). However, this vendor proposed a replacement LRU to fulfill this requirement instead of the LRU in the solicitation. The technical data is not available to determine if the part this company proposed as a replacement is suitable in the baseline.

This proposal was dismissed because the vendor did not propose supply of the solicited LRU. However, if Cornet or another offeror would like to submit an alternate product, DLA Procurement Notes L04 Offers for Part Numbered Items (SEP 2016) and M06 Evaluation of Offers for Alternate Products for Part Numbered Items (SEP 2016) will be included in the solicitation.

Information received regarding the commerciality of the item(s): This NSN was determined commercial on March 15, 2022 via the contracting officer’s signature on the Market Research for Commercial Items and Commerciality Determination Memorandum for Record (MFR).

Additional facts supporting other than full and open competition are [ X ] Based upon the technical requirements and information provided, this NSN is part of the WIN – T INC 2 Network and, can only be supplied by the OEM, which is General Micro Systems Inc. The WIN – T INC 2 Network is at high risk of not functioning properly if this NSN is procured from any other source.

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

General Micro Systems (CAGE: 0A8J6), Cornet Technology Inc. (CAGE: 0KPC5).

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 [X] Previous Procurement History

NSN Contract Award Date Contract Value Contractor OEM

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Bradley Holtzapple Date Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ)

(DLA General Counsel signature line required when sending to AQ)

HOLTZAPPLE.BRADLEY.A.119

8214309

Digitally signed by

HOLTZAPPLE.BRADLEY.A.1198214309

Date: 2022.04.29 07:23:39 -04'00'