FD2020200393 REDACTED.pdf

FD2020-20-00393

A. Total estimated cost is: $ This estimate is based on USAF mission requirements as computed by the D200 Requirements Determination System. This action will use 4930 FC04 working capital 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 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 AUTHORITY CITED

ABOVE (APPLICABILITY OF AUTHORITY):

A. The above authority was selected because the requirement is for the manufacture of a highly specialized component whose design is currently limited to Phase Matrix Inc. Per the 415th SCMS/GUEA Engineer, the Frequency Counters are considered highly specialized because of the Form, Fit, Function and Interface with MUTES/ Mini-Mutes system. If the wrong materials, processes or geometry are used for the Frequency Counter, it could be ineffective, unreliable, or both. Therefore, this acquisition will be for the procurement of highly specialized assets. Most Frequency Counters have a lower maximum power handling abilities and are continuous wave only. Other Frequency Counters cannot handle the higher power imputs, which would lead to an increased failure rate.

B. The Air Force does not control the design or the data required to manufacture the Frequency Counter. The 415th SCMS/GUMBA team which include the LMS, Equipment Specialist and Engineer contacted Dave Wallace at Phase Matrix Inc. on 10 Dec 2019, regarding data rights status to NSN 6625-01-395-1740, P/N 585C, Phase Matrix Inc. owns the technical data 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 Frequency Counter.

C. The 415th SCMS/GUEA Engineer has determined that reverse engineering/duplicate costs to develop a qualification package and encourage competition are estimated to exceed $ . Based on this cost it would take over 5 years to break even. The parameters for this component are limited to the Original Equipment Manufacturer (OEM) with the designs, data and drawings created at Phase Matrix Inc. Since the data required to manufacture the Frequency Counter is limited to Phase Matrix Inc. interested vendors would have to be willing to invest the time, funding and manpower required to reverse engineer the entire Frequency Counter at their own expense.

D. Accordingly, Phase Matrix Inc. is the only firm capable of providing the supplies described in Section III above without the Government experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. Based on the preceding information, the AMC/AMCS code assigned to this NSN is “R”.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. A combined Request for Information and Sources Sought Synopsis (RFI/SSS) SPRHA5-20-

R-0393 was posted to beta.sam.gov on 15 Jan 2020 The RFI/SSS closed on 30 Jan 2020. The contracting office was not notified of any interest from industry.

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 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 cost and pricing data IAW FAR Subpart 15.403. 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 a Combined Request for Information Synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

There were no interested sources.

B. In addition, the 415 SCMS/GUMBA Integrated Product Team conducted the following market research and no additional sources were identified:

JEDMICS drawing repository for drawings and requirements documentation.

Reviewed Haystack GOLD for general parts information.

Google search, Thomas.net search and Kihomak search all failed to find a frequency counter with equivalent form/fit/function equivalent to the 585C.

Reviewed the previous market research.

C. 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 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

AQUISITION:

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 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(b)12).

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 (FAR 6.303-2(c)).