Tab B-1 - Justification and Approval Redacted_Redacted.pdf

DDEFENSE LOGISTICS AGENCY

DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Note: Justifications restricting consideration IAW FAR 8.405-6(a) or (b), retitle document “Limited-Sources Justification”)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA DISTRIBUTION ACQUISITION OPERATIONS (J7)

5430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

Contracting Officer:_ Name Email Address

Acquisition Specialist:

Name Email Address

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED: (Inclusive of contract type)

This is a single/sole source (brand name) requirement, that will utilize the procedures in FAR

13.5 and be awarded as:

-- a new firm-fixed price contract to CUBIC Corporation.

Controlled By:DLA Distribution CUI Category: PROCURE Distribution/Dissemination Controls: FED

ONLY

POC:

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10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1C),UOInly one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1)

10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-2, DFARS 206.302-2))

10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-5, DFARS 206.302-5)

10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7)

_X 41 U.S.C. 1901 or 41 U.S.C. 1903, This J&A satisfies the FAR 13.501(a)(1) and (2) regulations to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial product or service with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options)($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by FAR 13.5.

This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A))

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

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In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

GATR antennas are an operational requirement for the TITAN SGCK and Space Ground Station (SGS). The purchase of these antenna spare parts will ensure that GATR antenna spare kits are issued with the systems should they need repair and/or replacement parts. No other manufacturer components can be used, as they are not compatible with the purchased GATR Trac antennas. If this Justification is not approved, the TITAN Advance SGCKs and the SGS will be Non-Mission Capable

(NMC).

Cubic, GATR TECHNOLOGIES is the only manufacturer capable of providing the antenna parts required at the level of quality required. The GATR antenna hardware is uniquely specialized for the TAP SGCKs and SGS systems. Currently, no other antenna manufacturer other than Cubic GATR can provide the warranties due to the proprietary and unique nature of their design. Replacement parts from other antenna manufacturers are not compatible with GATR Trac components integrated into fielded TAP SGCK and SGS. The purchase of these spare parts will ensure field and factory parts are available mitigating gaps in mission operations should the antennas break or malfunction.

If this Justification is not approved, as the antennas become Non-Mission Capable (NMC) due to broken or malfunctioning parts, there will not be parts available on-site for repairs and will depend on shipping the entire shipping back to Cubic for inspection and repairs. This will have a detrimental effect on the systems and Army Units, they are fielded to.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

A notice of intent to sole source will be posted to SAM.gov.

7. DETERMINATION OF FAIR AND REASONABLE COST:

A determination of price reasonableness will be made by the Contracting Officer at the time of award. The determination will be documented in a Price Reasonableness Memo.

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8. DESCRIPTION OF MARKET RESEARCH:

Market research was conducted by way of CUBIC’s commercial website and literature and concluded that they work with no resellers.

9. OTHER SUPPORTING FACTS:

N/A

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

N/A

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE/OVERCOME BARRIERS

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES/SERVICES IS

REQUIRED/MADE:

Future systems should be designed to the maximum extent possible to not unnecessarily preclude compatibility with multiple company’s products so competition can be promoted in acquisitions.

ENDORSEMENT

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION (FAR 6.303-1(c) or FAR 8.405- 6(c)(2)(x)):

I certify that the facts, representations, and any supporting data under my cognizance which are included in this justification and its supporting acquisition plan which form a basis for this justification are complete and accurate.

Technical Cognizance:

(Requirements originator)

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