J A_-_Signed.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

Category: PEO

Type J&A: Individual PR Number: FD2060-13-32079

I. CONTRACTING ACTIVITY

C-17 Globemaster Contracting Section

AFLCMC/WLKA

235 Byron Street Suite 19A Robins AFB, GA 31098-1670

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

This Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to award a new contract to PF Fishpole Hoist, Inc. (CAGE: 1YRX6) for Aircraft Hoisting Units in support of the C-17 aircraft. This action will result in the award of a firm-fixed price contract with a basic quantity of 27 each and three option years with a quantity range of 1 – 3 each per option year.

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

AGENCY’S NEEDS

This effort is to procure NSN: 1730-01-436-9399, Noun: Aircraft Hoisting Unit. The hoisting unit is designed for limited access hoisting and has a 500 pound lift capacity with an overload device to prevent loading the hoist and cable over a preset limit load from 100-500 lbs. The five major components of the hoist are: the barrel section, the crank handle, the locking cable drum assembly, and the housing which includes an air motor for pneumatic lifting. Overall length is approximately 34” and approximate weight is 25 pounds. The hoist can be operated in either manual or powered mode. The current requirement and estimated unit prices are as follows:

Qty Unit Price Total Price Basic 27 EA $15,500.00 $418,500.00 Opt I 1-3 EA $16,275.00 $48,825.00 Opt II 1-3 EA $15,325.00 $51,267.00 Opt III 1-3 EA $16,091.00 $53,829.00

Total Estimated Price: $572,421.00

The estimated unit prices are based on market research by the government engineer with a 5% escalation applied to each option year to account for inflation.

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 (APPLICABILITY OF AUTHORITY)

The agency’s minimum needs can only be satisfied by the unique supplies or services available from only the above cited source, who possesses unique capabilities demonstrated as follows: in accordance with the Screening Analysis Worksheet, this item is code 3R and the Government does not own a complete TDP adequate for another source to manufacture an end item that will meet the Government’s need, and the item must be procured from approved source(s) only.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

History indicates this NSN was originally assigned an AMC Code of 3B due to an incomplete data package and inadequate test requirements. PF Fishpole Hoist, Inc. (CAGE: 1YRX6) is the only approved/qualified source identified on the Screening Analysis Worksheet.

Contract FA8526-06-C-0013 was awarded on 28 April 2006 to supply a quantity of 49 each of NSN 1730-01-436-9399, P/N PF51-013-502 to PF Fishpole Hoist, Inc., the only approved/qualified source, under the authority of 10 USC 2304 (c)(2), Unusual and Compelling Urgency. The urgent situation resulted from 49 assets being procured from a local manufacturer.

The assets received from the local manufacturer were not approved/certified by Boeing, the OEM, and were declared unusable on the C-17 aircraft.

Contract FA8526-08-C-0007 was awarded on 13 March 2008 to supply a quantity of 4 each of NSN 1730-01-436-9399, P/N PF51-013-502 to PF Fishpole Hoist, Inc., the only approved/qualified source, under the authority of 10 USC 2304 (c)(1), Only One or a Limited Number of Responsible Sources, and No Other Supplies or Services Will Satisfy Agency Requirements.

This NSN was re-screened on 19 June 2012 and assigned an AMC Code of 2G, which means the government has a complete data package for this item; it was cleared for full and open competition; and would be purchased competitively for the first time. This item required a First Article, had an Engineering Data List (EDL) and the data package was EXPORT Controlled.

However, the drawing in the data package was determined to be a Specification Control Drawing (SCD) and did not contain enough details for a new/unapproved vendor to build to print;

therefore, a new vendor would have to develop detail drawings that would satisfy the performance requirements based on form, fit and function. All competitive barriers were removed with the 2G AMC Code assigned to this item.

On 25 April 2013, a competitive solicitation, set-aside 100% for small businesses, was posted to the Federal Business Opportunities (FBO) website for a requirement of a quantity of 27 each and 3 option years each with a quantity range of 1-5 each. The government was notified by unapproved vendors that the data package only included a brief description of the item which is not sufficient to manufacture the item based on form, fit and function. As a result unapproved vendors were not able to submit viable proposals due to the lack of an adequate data package.

Therefore, the item was re-screened on 05 June 2013 and assigned an AMC Code of 3R which means the Government does not own a complete TDP adequate for another source to manufacture an end item that will meet the Government’s need, and the item must be procured from the actual manufacturer.

Specific performance requirements are contained in proprietary engineering notes owned and controlled by the actual manufacturer, PF Fishpole Hoists, Inc. The Procurement Contracting Officer (PCO) contacted the President of PF Fishpole Hoists, Inc. on 31 May 2013, requesting the company consider selling technical data rights to the government; and he indicated PF Fishpole Hoists, Inc. would not consider selling any data rights.

This requirement will be synopsized on the Federal Business Opportunities web page citing conditions which preclude full and open competition.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The price of this acquisition will be fair and reasonable to the Government. Previous contract prices for this item have been determined to be fair and reasonable through negotiations based on certified cost and pricing data and information other than certified cost and pricing data.

Significant historical and current data related to the production of this item is available to facilitate the negotiation of a fair and reasonable price.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market research included a review of the Technical Data Package, past procurement history and various internet sources to include a query of the dynamic small business database in the Central Contractor Registration to locate capable 8(a), service-disabled veteran-owned small businesses (SDVOSBs), historically underutilized business zone small businesses (HUBZone SBs), and other small business sources.

Our search was successful in returning 7 companies with the capabilities required to manufacture similar type items (see ATCH 1); however, the Government does not own sufficient Data to pursue an alternate source to manufacture this item. The only viable choice for procurement is to procure from PF Fishpole Hoist Inc. (1YRX6) which owns the proprietary data for this item.

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

See Section VI above.

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 OR SERVICES REQUIRED

No further action will be taken at this time as the technical data package is proprietary and the contractor refuses to release the rights or sell the data.

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 (FAR 6.303-2(b)(12)).

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 (FAR 6.303-2(c)).