2100347_Redacted.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

Defense Logistics Agency DLA Aviation at Ogden 6051 Gum Lane, Bldg. 1225 Hill Air Force Base, UT 84056-5825 Contracting Officer: Shea L. Korth Email:

Phone Number:

PR Number: FD2020-21-00347

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

A. Upon approval to use other than full and open competition procedures, DLA Aviation will issue a new contract to procure two (2) Signal Data Converters for the F-16 AIS Test Stand to be used by the United States Air Force to the following source:

BAE Systems Information and Electronics Systems Integration, Inc.

10920 Technology Pl.

San Diego, CA 92127

CAGE: 12436

B. Contract Type & Structure: A spares contract with an anticipated Firm Fixed Pricing arrangement will be issued. The estimated award is 15 March 2021 with performance expected through March 2022.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

A. Narrative Description: This item is a Signal Data Converter used on the F-16 AIS Test Stand. The Signal Data Converter provides LRU power by converting input power into three phase 400Hz and single phase 800Hz power outputs required for LRU testing. In addition, the Signal Data Converter continuously monitors for overvoltage, overcurrent, output relay status, current limits, and other catastrophic faults.

NSN NOUN QUANTITY ESTIMATED UNIT

PRICE

ESTIMATED

TOTAL PRICE

5895-01-675-2571 Signal Data Converter 2 EA

B. Total estimated cost: . This estimate is based on USAF mission requirements as computed by the D200 Requirements System. This action will use USAF funds.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 USC 2304(c)(1), as implemented by FAR 6.302-1, Only One or a Limited Number of Responsible Sources 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

A. The above authority was selected, as the Government does not own the data or the rights to the data needed to purchase this item from additional sources. BAE Systems Information and Electronics Systems Integration, Inc. is the only company, which has the unique knowledge, capabilities, expertise, drawings, test procedures, specifications and experience manufacturing this part. As such, this item has been assigned an AMC/AMSC code of 3R.

B. The 416th SCMS/GUMAA Logistics Management Specialist contacted BAE on 27

January 2021 regarding data rights for this item. BAE responded the same day stating that they are not willing to sell any of their data rights to the government. Accordingly, BAE owns the technical data sufficient to manufacture this component and is unwilling to sell or give its permission to the government, to use such data for a competitive procurement.

C. BAE Systems Information and Electronics Systems Integration, Inc. is the only firm capable of providing the requirement for the supplies described in Section III above without the Government experiencing substantial duplication of costs that could not be expected to be recovered through competition. Reverse engineering is not considered economical as the Government would incur a substantial duplication of costs in the amount of which is not expected to be recovered through competitive procurement.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

A. A combined Request for Information/Synopsis document (#SPRHA4-21-R-0347) was posted to the System for Award Management website at beta.sam.gov advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 16 December 2020 and closed on 31 December 2020. No responses were received from any interested parties.

B. Other Actions: None.

C. Qualifying Country Sources: None.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.404, it is anticipated that negotiations will be conducted using information other than cost and pricing data from the contractor. Thorough price analysis will be conducted using available information and approved pricing techniques that will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government. 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

A. As described in Section VI above, market research, IAW FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

B. Additionally, the 416th SCMS conducted the following methods of market research:

The 761 screening action for this item was reviewed for consistency and reasoning.

No discrepancies were found and BAE is the only approved source as the Government does not own data or rights to the data.

Performed a search of the following internet sites using this items NSN (5895-01- 975-2571WF), part number (6014726-001) and noun (Signal Data Converter):

- DOD Fedmall (https://adsinc.com/contract-vehicles/fedmall/)

- Thomas™ (https://www.thomasnet.com)

- Google (www.google.com)

These searches were conducted by the 416th SCMS/GUEAA Engineer, Timothy J. Lucas, on 23 Oct 2020 and they did not identify any commercial products or any additional sources of manufacture for this item.

C. The 416th SCMS/GUMAA Integrated Product Team market research results indicate with a high level of confidence, that there are no additional sources capable of satisfying the agency’s need for this proprietary item nor are there any commercial or non-developmental items which could be utilized to meet needs or which could be modified to meet the needs.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

None.

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

None.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

COORDINATION AND APPROVAL DOCUMENT

(Also known as a Justification Review Document)

CONTRACTING ACTIVITY: DLA Aviation at Ogden

PURCHASE REQUEST NUMBER: FD2020-21-00347

PROGRAM/PROJECT: F-16 AIS Test Stand Signal Data Converter

ESTIMATED CONTRACT COST:

TYPE PROGRAM: Other Contracting AUTHORITY: 10 USC 2304(c)(1), as implemented by FAR 6.302-1 TYPE J&A: Individual

COORDINATION

Michael J. O’Farrell, Jr.

Associate Counsel DLA Counsel- Aviation

APPROVAL

Shea L. Korth Contracting Officer DLA Aviation at Ogden

OFARRELL.MICH

AEL.JAMES.JR.

Digitally signed by

OFARRELL.MICHAEL.JAMES.

JR.

Date: 2021.02.04 01:14:04 -07'00'

KORTH.SHEA Digitally signed by

KORTH.SHEA.

Date: 2021.02.04 09:46:01 -07'00'