FD20202000559_Redacted.pdf

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 AMC/AMSC code for this requirement is 1R. 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. Currier Engineering and Pacific Electronic Enterprises, are the only known manufacturers which have the unique knowledge, capabilities, expertise, drawings, test procedures, specifications and experience manufacturing this part. The Cavity Oscillator is a critical part of the Band Sim for the A/N/MPS-T1 weapon system. Currier Engineering originally designed, manufactured and qualified the Cavity Oscillator. Pacific Electronics has since reversed engineered this asset.

B. The Air Force does not control the design or the data required to manufacture the Cavity Oscillators. The 415 SCMS/GUMAB team contacted Bill Younis at Pacific Electronic Enterprises Inc., on 28 July 2020 regarding data rights status to NSN 6940-01-668-4831FD.

Pacific Electronic Enterprises Inc., stated that they are unwilling to sell. Pacific Electronic Enterprises Inc., owns technical data sufficient to manufacture the parts and is unwilling to sell or give permission to the government to use such data for a competitive procurement.

The government does not possess the design, data, or license rights required to allow full and open competition for the manufacture and procurement of the Cavity Oscillators.

Engineering from the 415th attempted to contact Walter Currier of Currier Engineering on 13 August 2020 regarding the sale of the data rights. Currier Engineering is not responding to communications from the government. Additional research found that their website is no longer being maintained and the SAM registration expired in April 2019. It is unknown if Currier Engineering is still in business.

C. In order to reverse engineer this asset it is estimated to cos and the government would break even in 125 years.

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

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

A. This requirement was synopsized on Federal Business Opportunities (FedBizOpps) as required by FAR 5.201 posted 27 May 2020 and closed 11 June 2020 (SPRHA5-20-R-0559).

No responses were received in response to this posting.

B. 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 cost of this acquisition will be fair and reasonable. Actions anticipated to ensure reasonableness of the price will be accomplished with 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, as appropriate. Further actions 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. This is a competitive, restricted source acquisition, with a limited number of approved sources. The Contracting Office will obtain certified cost and pricing data IAW FAR Subpart 15.403, when required detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations or discussions.

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 was conducted by posting a Combined Request for Information/Synopsis advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received in response to this posting.

B. On 13 March 2018, an email was sent to Pulse Systems Inc., to see if they built or could build the Cavity Oscillators. Pulse Systems Inc., responded on 14 March 2018 stating they do not manufacture the Cavity Oscillators.

C. On 10 August 2016, a phone call was made to Linnmar to see if they have any of the 6940-

00-883-5719 available. Linmarr responded "Unfortunately we don’t have access to these parts at this time."

D. On 21 January 2015, an email was sent to Microwave Engineering Corporation to see if they could manufacture or repair the Cavity Oscillators. Microwave Engineering Corporation responded on 23 January 2015 stating they do not manufacture or repair the Cavity Oscillators.

E. On 28 July 2011, an email was sent to CPI to see if they could manufacture or repair the Cavity Oscillators. CPI responded on 28 July 2011 stating they do not manufacture or repair the Cavity Oscillators.

F. A search using Google.com was conducted using the key words “Cavity Oscillator”, “Repair”, and “Manufacture” identified Pro-Comm as a potential source. A second Google search was conducted using key words "6940016684831", "Currier Engineering", and "405- T1" returned no results. The only source not previously identified was Pro-Comm who was contacted on 13 August 2020 to see if they could build the Cavity Oscillator. In addition to requesting the technical data package (which the government does not own) Pro-Comm requested a physical unit to evaluate and determine if they could manufacture these Cavity Oscillators. SCM currently does not have any serviceable or unserviceable assets to send at this time. Pro-Comm remains a potential source in the future, but cannot be qualified at this time.

G. Based on market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the agencies needs nor are there any other commercial or non-developmental items which could be utilized or which could be modified to meet the Government's 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 (FAR 6.303-2(b)(l2)).

XIII.TECHNICAL/REQUIREMENTS PERSONNEL'S CERTIFICATION

As evidenced by the required design control documents included with the package as submitted by the cognizant Government engineering activity, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.