SPRBL122R0020_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-22-R-0020

Source Selection Information – See FAR 2.101 & 3.104

N/A

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

[X] 41 U.S.C. 1903 – Applicable to the procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used in support of a contingency operation.

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

BAE Systems Information, Electronic Systems Integration, herein known as BAE (CAGE 8M6A5), is the original equipment manufacturer of the MARS and its components and is the only known source that possesses the expertise and knowledge to produce and repair the MARS components. Previous procurements indicated Raytheon (CAGE: 37695) as the OEM., however BAE Systems acquired Raytheon's radio business unit in 2020 and is now the OEM. BAE Systems has the active approved part number listed in WebFLIS.

The items to be procured are NSNs 5998-01-588-8114 and 5998-01-589-7524, both Circuit Card Assemblies (CCAs) used in the Keep Alive Battery (KAB). The KAB is used to maintain the radio/transmitter in the AN/ARC-231 MARS energized so any information pre-loaded is not lost in between flights.

Previously, and at present, there is only one supplier (BAE Systems) due to proprietary information/design of this CCA. The Government does not own the technical data to manufacture this NSN.

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 D. This part requires data from the OEM since the data needed to produce this item from additional resources is not physically available. AMCs 3, 4, and 5 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 _______June 10, 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.

In accordance with FAR 6.303-2(b)(7), the contracting officer has determined that certified cost and pricing data will not be required because the end item and the two NSNs are determined to be commercial. BAE Systems may be required to submit other than certified cost and pricing data to support a determination of fair and reasonable price.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results:

Market research was conducted by technical experts supporting the CECOM ILSC. On April 15, 2022, a Market Survey was posted on SAM.gov. It was closed on April 29, 2022. The Market Survey provided a description of the components/requirements needed, which detailed NSNs 5998-01-588-8114 and 5998-01-589-7524.

Market Research results were gathered by the review of acquisition history, interviews with knowledgeable individuals in industry/Government, other recent market research reviewed, System for Award Management (SAM) search, and Sources Sought/Requests for Information (RFI) are detailed below.

Market Research consisted of searching the internet for companies that manufacture circuit card assemblies. While there are many, none can manufacture CCAs compatible with the ARC-231 Multi-Mode Radio System. BAE has proprietary rights for these Circuit Card

Assemblies (CCAs). As such, only BAE can supply these CCAs. Only BAE Systems responded to the Sources Sought/Request for Information.

WebFLIS confirms AMC/AMSC designations, and that BAE is the only approved source.

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

[ X ] A market survey was conducted on/during _April 15, 2022 to April 29, 2022.

Total number of vendors contacted: Public Names of vendors contacted and responding: BAE Systems Techniques used to conduct survey: Sources Sought/Request for Information posted on SAM.gov, with follow-up questionnaire.

Types of information requested: The SSA requested interested parties to respond with potential the company name, CAGE, lead time, past performance, qualifications of staff, and any other relevant information related to these items.

Summary of information received: Only BAE Systems responded to the SSA, BAE expressed interest and stated they are able to supply the parts needed.

Information received regarding the commerciality of the item(s): Previous procurements of these items have been done via commercial procedures. SPRBL1-13-D-0004 is a commercial contract used for the procurement of both NSNs.

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

[ X ] Based upon the technical requirements and information provided, these two NSNs, part of the AN/ARC-231 MARS system, can only be supplied by the OEM, which is BAE.

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

See Market Research above:

BAE Systems

Phone: (260) 417-3081 Fax Numbers: NA Email Address: @baesystems.com

CAGE: 8M6A5

BAE Systems is the manufacturer of Airborne Communication Products, including ARC-231 MARS Radio System, BAE is the design authority for NSNs 5998-01-588-8114 and 5998-01-589-7524 and have significant experiences in the manufacturing and/or supplying of them to meet Systems Air-Worthiness Requirements. BAE has decades of experiencing managing obsolescence issues on their legacy and current products.

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 [X] Other – Previous Procurement History*

Previous methods of procurement for the above NSNs come from requirements for Circuit Card Assembly (CCA NSNs 5998-01-588-8114 and 5998-01-589-7524) to supply support when the ARC-231 Multi-Mode Aviation Radio System was inducted into the Army inventory.

The previous procurements are commercial contract SPRBL1-13-D-0004, and Raytheon corporate contract SPRBL1-15-D-0017, which were both sole source acquisitions.

Nomenclature NSN Contract Award Date

Contract Max Contractor/CAGE OEM

Circuit Card Assembly

5998-01-588-8114 SPRBL1-13-D-

December

$14,447,290.00 Raytheon Company/37695

Raytheon Company

Circuit Card Assembly

5998-01-589-7524 SPRBL1-13-D-

December

$14,447,290.00 Raytheon Company/37695

Raytheon Company

Circuit Card Assembly

5998-01-588-8114 SPRBL1-15-

D0017

September

$495,600,000.00 Raytheon Company/37695

Raytheon Company

Circuit Card Assembly

5998-01-589-7524 SPRBL1-15-

D0017

September

$495,600,000.00 Raytheon Company/37695

Raytheon Company

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