FD20201901685_Redacted.pdf

FD2020-19-01685

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I.CONTRACTING ACTIVITY:

Defense Logistics Agency DLA Aviation at Ogden 6051 Gum Lane Bldg. 1225 Hill AFB, UT 84056-5825 Contracting Officer: Rocky Tello Phone Number:

Email:

PR Number: FD2020-19-01685

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

A. Upon approval to use other than full and open competitive procedures, DLA Ogden will issue a new contract to procure the Main Landing Gear (MLG) Brake Control Valve Assembly used on a F-16, to Meggitt Aircraft Braking Systems Corp., Akron OH 44306, Cage Code 0B9F9.

B. Contract Type & Structure: A spares contract to procure a total quantity of 14 units with a Firm-Fixed-Pricing arrangement will be issued. The estimated award date is May 2020 with performance and delivery expected through June 2021.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED MEETING THE

AGENCY'SNEEDS:

A. The MLG Brake Control Valve Assembly Consists of a brake control manifold assembly with two brake metering valves attached. The MLG Brake Control Valve receives pressurized hydraulic fluid from the aircraft hydraulic fluid system, provides a fluid connection to the aircraft jet fuel start system, and controls pressure to the brakes.

NSN Name Qty Price/Unit Ext. Price 1630-01-087-0430 MLG Brake

Control Valve Assy.

Total

B. Total estimated cost is: . This action is using appropriated funds 47GH (4F) to meet FMS mission requirements.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

10 USC 2304 (c) (1) as implemented by FAR 6.302-1

V. DEMONSTRATION THAT THE CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF AUTHORITY CITED ABOVE

(APPLICABILITY OF AUTHORITY):

A. The above authority was selected because the government does not own the data or the rights to the data needed to procure this part from other than the current source listed on the AFMC Form 761. Meggitt holds proprietary rights for this item and is the only contractor with the rights to use the data to manufacture this item for the government's use. This item has not been sold as a commercial, non-government product. There are similar items throughout the aerospace industry that several companies are producing or have produced in the past for the commercial marketplace; however none of these items will meet the program's need. The MLG Brake Control Valve Assembly is only used on the F-16, and cannot be made from minor modifications on existing models in the marketplace. Small business opportunities exist if they can reverse engineer the MLG Brake Control Valve Assembly. If they did reverse engineer the MLG Brake Control Valve Assembly, they would then own their own data package and could be qualified as a source of supply. Since the government does not own the data, they would have to perform this at their own expense. FMS countries are not willing to absorb the reverse engineering cost.

B. The 417 SCMS/GUEA Engineer believes that award to any other source would result in substantial duplication of costs to the Government that is not expected to be recovered through competition as well as delay the expected delivery date. The cost to reverse engineer this part is estimated at . It would take about 21.66 years to break even.

C. The 430th contacted the Meggitt customer service email workbasket on 16 January 2020 regarding Meggitt’s willingness to sell/license the data to the government to use for competitive procurement. Meggitt did not respond to the request and their failure to respond to the government is interpreted as their unwillingness to sell/license the manufacturing data.

D. Lockheed Martin is listed on the 761; however, they are not considered a viable source of supply because they are designated as a source type N, meaning they are a non-manufacturer and do not manufacture this item. In addition Lockheed Martin has shown no interest in the requirement and have not responded to the government’s request for information.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. Sources Sought Synopsis: A sources sought synopsis was posted 4 June 2019 and closed on 18 July 2019, by DLA-OO/AUB advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received from industry.

B. This requirement has been synopsized in Beta.sam.gov, as a notice of contract action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other action, they will be listed in the official contract file.

C. Other actions: None

D. Qualifying Country Sources: None

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Contracting Office will obtain certified cost and pricing data IAW FAR Subpart 15.403, when required. The final step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

VIII. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS,

OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED:

A. As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. A combined request for information and sources sought synopsis was posted 4 June 2019 and closed on 18 July 2019, by DLA-OO/AUB advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received from industry.

B. Contacted knowledgeable individuals in Government regarding market capabilities to meet the requirement. The USAF IPT consisting of the F-16 Program Manager, Item Manager, and system Engineer, through market research and years of combined professional knowledge of the F-16 weapon system, have concluded with a high level of confidence that there are no additional sources capable of meeting the government’s needs.

C. Market Research conducted included searching electronic databases; ThomasNet, and Google.

All websites where searched using part# 6 0 0 2 0 5 1 - 2 and the NSN 1 6 3 0 - 0 1 - 0 8 7 - 0 4 3 0 . Additional web-based searches identifying commercial airframe equivalencies were utilized which include, www.gulfstream.com, www.bombardier.com, www.embraercomercialaviation.com, www.dassaultfalcon.com. The internet search did not yield any additional sources of supply.

D. Review of procurement history for this NSN identified Meggitt, Cage 0B9R9, as being the only manufacture utilized for procurement of this item.

E. The Government’s Purchase Request Process System (PRPS) was also searched using the item’s NSN, in which the results showed the only approved source as Meggitt. Additionally the USAF

Form 761 screening analysis worksheet was reviewed for discrepancies and none were found.

The only approved source identified for this item is Meggitt.

F. Based on the market research conducted, there is 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 other commercial or nondevelopmental items which could be utilized o r m o d i f i e d to meet the needs of the government.

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:

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 (FAR 6.303-2(a){l 2)).

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(b)).