A11-FINAL redacted JandA SPRBL119R0001- 007.pdf

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Attached to
Guardrail Common Sensor Modernization Spares Federal contract opportunity
Solicitation number
ZL0006
Issued by
Defense Logistics Agency Land and Maritime

About this file

This document is a justification for a sole source solicitation seeking Guardrail Common Sensor modernization spares. The solicitation will be issued by the Defense Logistics Agency Land and Maritime to an unknown vendor for an indefinite-delivery, indefinite-quantity contract with a base period of five years and an option to extend for an additional five years. Market research identified three potential sources contacted in January 2018 with responses due in February 2018. The justification cites that the Government does not have rights to necessary technical data to acquire the parts competitively or to purchase, develop, or otherwise obtain the data from additional sources. Efforts will be made to synopsize the solicitation in November 2018 to solicit offers from as many sources as practicable. Certified cost and pricing data will be used to determine fair and reasonable pricing for both the base period and option period. The contract was awarded in November 2019 for an unknown amount.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-19-R-0001

Source Selection Information, See FAR 2.101 & 3.104

[ X ] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on: 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”

[ X ] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

[X ] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data.

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.

[X ] AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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

[ X ] The acquisition will be synopsized on or about November 14, 2018.

[ ] 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 ten (10) year firm fixed price, Indefinite-Delivery, Indefinite-Quantity effort is expected to have a five year base and one five year option which will also be a price redetermination. Certified cost and pricing data is expected to determine fair and reasonable pricing for both the base period and the option period at time of redetermination.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. See below.

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

[ X ] A market survey was conducted on/during January 24, 2018 with responses due February 16, 2018.

Total number of vendors contacted: 3 responses.

Names of vendors contacted and responding: Northrop Grumman Corporation (NG), Blackhawk Management Corp. (BMC), and Embedded Engineering.

Techniques used to conduct survey: FBO announcement with follow up emails.

File details come from the government source that posted it. Updated .