FD20202000351- UMTE CCAs_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: Shea.korth@us.af.mil Phone Number: 385-519-8204 PR Number: FD2020-20-00351

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 twelve (12) EA Circuit Card Assemblies for the Unmanned Threat Emitter (UMTE) to be used by the United States Air Force to the following source:

DRS Training and Control Systems (CAGE 12339)

B. Contract Type & Structure: A spares contract with an anticipated Firm Fixed Pricing arrangement will be issued. The estimated award date is 15 September 2020 with performance expected through October 2021.

C. Type J&A: Individual

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

AGENCY’S NEEDS

A. Narrative Description: These items are Circuit Card Assemblies (CCAs) used on the Unmanned Threat Emitter System.

NSN NOUN QUANTITY ESTIMATED UNIT

PRICE

ESTIMATED TOTAL

PRICE

5998-01-678-1753FD Circuit Card Assembly

4 EA

5998-01-678-3926FD Circuit Card Assembly

4 EA

5998-01-678-4514FD Circuit Card Assembly

4 EA

TOTAL ESTIMATED PRICE

B. Total estimated cost: . This estimate is based on USAF mission requirements as computed by the D200 Requirements Determination 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 because the government does not own the data or the rights to the data needed to purchase these items from additional sources. As such, these items have been assigned an AMC/AMSC code of 4R.

B. The 415th SCMS/GUMAA Logistics Management Specialist contacted DRS Training and Control Systems (DRS) on 28 July 2020 regarding data rights for these items. DRS responded on 5 August 2020 stating that they are not willing to sell any of their data rights to the government. Accordingly, DRS 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. DRS 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 $600,000.00 for NSN 5998-01-678-3926FD and $2,150,000.00 for both NSN 5998-01-678-3926FD and 5998-01-678-4514FD. It is not expected that these costs would 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 (#SPRHA5-20-R-0351) 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 9 January 2020 and closed on 24 January 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 415th SCMS conducted the following methods of market research:

Contacted DRS to request a Rough Order of Magnitude (ROM) for this data rights for these items.

Performed a search of the following internet sites using the NSNs, part numbers and nouns for these items:

- Haystack Gold (https://ihsmarkit.com/products/haystack-gold.html)

- Google (www.google.com)

- AVCOM (https://realtime.avcom-obsolescence.com/avcomh)

The 415th SCMS/GUMBB Engineer, Peter Pham, conducted these searches on 5 August 2020 and they did not identify any commercial products or any additional sources of manufacture for this item

Reviewed the procurement history for these items which revealed that these items have not been previously purchased by the government.

Researched government technical data and drawings located in the JEDMICS repository.

C. Based on the market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the agency’s need nor are there any commercial or non-developmental items that can be modified to meet the Government’s requirements.

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

Qualification requirements are available through the solicitation or upon request to any prospective offeror(s) interested in becoming a qualified source. The System Engineer will assist interested concerns in meeting the standards specified for qualification IAW the MQR.

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.