SPRHA425R0254_Redacted.pdf

This is a Justification for Other Than Full and Open Competition (Form AVN S53) for a sole source acquisition submitted by DLA Aviation Ogden.

The contracting activity is seeking to acquire 50 F-16 WAC Electronic Module Assemblies (NSN 5975015761361) on a firm fixed-price basis. The estimated total value of the acquisition, inclusive of options, is redacted. The solicitation number is SPRHA4-25-R-0254, and the document identification number is FD20202500254. This is a new action under FAR Part 15. The statutory authority permitting this other than full and open competition is 10 U.S.C. 2304(c)(1), which allows acquisition from only one or limited number of sources.

Efforts to improve competition included posting a sources sought notice and Request for Information (RFI) in accordance with DFARS PGI 206.302-1(d) on Contract Opportunities on January 10, 2025, which resulted in no responses from industry. The sole source is identified as ELBIT AMERICA, INC. (CAGE 50218). The justification cites AMSC 3 (acquire for the second or subsequent time directly from the manufacturer) and AMSC R (Government does not own the data or rights needed to purchase from another source; not economical to procure the data or rights). The file indicates that technical data is not available and cannot be developed to permit full and open competition, and that Elbit America maintains proprietary rights to the data and is unwilling to share data rights. A market survey was conducted identifying Elbit America as the OEM for the EMAs, and manufacturers were solicited regarding data sharing. The acquisition will be synopsized on January 10, 2025. The justification was approved by the Competition Advocate on January 17, 2025, and is valued between $750,000 and $15,000,000, requiring approval at the Competition Advocate level.