SPRRA118R0128_J&A_REDACTED.pdf
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- Attached to
- Receiver - Transmitter Federal contract opportunity
- Solicitation number
- SPRRA118R0128
- Issued by
- Defense Logistics Agency Aviation
About this file
This document is a Justification and Approval (J&A) for other than full and open competition on a federal contract award notice. The J&A identifies the required product as Receiver - Transmitter, NSN 5895-01-659-7909, with a production lead time of 274 days. The sole source justification is that Aviation and Missile Research, Development Engineering Center (AMRDEC) Breakout Engineering has restricted manufacture to approved sources due to no alternative technical data availability. VIASAT, Inc. and The Boeing Company are identified as the only approved sources. The Defense Logistics Agency published a Sources Sought Notice on February 20, 2018 with no responses received. Market research found no commercial alternatives. The awarded vendor was VIASAT, Inc. for a contract value of $2,568,723 awarded on July 31, 2019.
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Text version
Solicitation Number: SPRRA1-18-R-0128
Source Selection Information IAW FAR 2.101 & FAR 3.104 Page 2
Production Lead Time without First Article Testing is 274 days after receipt of order. The part covered under this J&A, NSN 5895-01-659-7909, will not require First Article Testing.
IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION
10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.
V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE
OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE
The Aviation and Missile Research, Development Engineering Center (AMRDEC) Breakout Engineers have assigned the Acquisition Method Reason Code (AMRC) “2B” thereby restricting manufacture of the item from only the approved sources.
Breakout Engineering has assigned Acquisition Method Code (AMC) “2”, which states, “suitable for competitive acquisition for the first time.” The Acquisition Method Suffice Code “B” states: This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.
Accordingly, The Boeing Company and VIASAT, Inc., are the only known firms approved to provide the supplies described in Section II above without the warfighter experiencing unacceptable delays in fulfilling its requirements.
VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS
MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE
This requirement will be synopsized on Federal Business Opportunities (FedBizOpps) as required by FAR
5.201. The extent of competition anticipated is the sources identified in Section II above. In an effort to obtain maximum competition, the synopsis will encourage firms/suppliers that recognize and can produce the item described in Section III to identify themselves. The synopsis encourages firms/suppliers to seek source approval in order to compete for future solicitations by accessing the AMCOM Competition Management Office website and looking under Standardized Aviation ad Missile Source Approval Request (SAMSAR).
Improving the competitive status of acquisition include review and screening under the procedures of the DOD Spare Parts Breakout Program, Defense Federal Acquisition Regulation Supplement Procedures, Guidance and Information (PGI) 217.7506.
A Sources Sought Notice (SSN) in support of market research was published on 20 February 2018 by DLA Huntsville to identify potential manufacturing/supply sources, and if future efforts can be competitive or set-aside for small business. The proposed North American Industry Classification Systems (NAICS) Code is 334290, which has a corresponding Size Standard of 750 employees. The SSN was to notify companies that the Defense Logistics Agency, Redstone Arsenal, Alabama, was seeking qualified sources for the acquisition
Solicitation Number: SPRRA1-18-R-0128
Source Selection Information IAW FAR 2.101 & FAR 3.104 Page 3 referenced in section II. The SSN closed on 4 March 2018; no responses were received. The marketplace will continue to be monitored to identify any new sources.
VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO
THE GOVERNMENT WILL BE FAIR AND REASONABLE
At the time of contract award, the overall cost of this acquisition will be fair and reasonable to the Government.
In accordance with FAR 15.403-4, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the Defense Contract Audit Agency (DCAA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15. Based on the foregoing, the Contracting Officer hereby determines the anticipated cost to the Government will be fair and reasonable.
VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR
STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED
Market Research as defined in FAR 10.001 was conducted on knowledge of individuals within the requirements community. A SSN was posted on 20 February 2018 and closed 4 March 2018; no responses were received. In the event a potential candidate had identified themselves, the Source Approval Request (SARS) would be reviewed and determine if the vendor’s technical capabilities meet the requirements to manufacture the item. It has been determined that the Government’s need cannot be met by an item available in the commercial marketplace; therefore, FAR Part 12 will not be used.
IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN
COMPETITION
This Original Equipment Manufacturer is not willing to sell data rights to the Government, which means the technical data package, specification, and engineering description suitable for Full and Open Competition The required data rights are not in Government possession and cannot be economically obtained.
A Subcontracting Plan is anticipated as the dollar threshold is above $700,000.00.
X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION
None.
XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR
OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT
ACQUISITIONS FOR THE SUPPLIES
Firms are encouraged to seek source approval in order to compete for future solicitations by accessing the website http://amcomdmz.redstone.army.mil/casl cmo/casldba.casl cmo samsar and clicking on “AMCOM Spare Parts Manufacturer or Distributor SAR.” Currently, there are no outstanding qualification requests on this item; however, this is a continuous method of identifying potential new sources of supply.
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