FD20202100244_Redacted.pdf

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 BAE Systems has claimed proprietary rights to the data and are the only known source with the technical data to produce this item. A complete data package is necessary to provide adequate technical information on specifications, tolerances and material, which are required for another manufacturer to produce an identical item in order to ensure system integrity. The limited rights does not authorize the Government the use of the data for competitive procurement.

B. The Government lacks sufficient data and license rights to allow for full and open competition to procure these circuit card assemblies. Reverse engineering of these items would be required for another vendor to accomplish manufacture requirement. The cost of reverse engineering this item is estimated to cost These costs include development of new test requirements documents through reverse engineering or redesigning the circuit card. It has been determined that it is not cost effective to reverse engineer this item at this time.

C. The 416th SCMS/GUMAA Logistics Management Specialist contacted BAE on 29 November 2018 regarding data rights for this item. BAE responded on 10 December 2018 stating that they are not willing to sell any of their data rights to the government. Accordingly, BAE 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.

D. Therefore, an acquisition method code of 3R has been assigned to this item on the 761 screening.

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/Synopsis document (#SPRHA4-21-R-0244) 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 15 December 2020 and closed on 31 December 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 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, IAW FAR Part 10, was conducted by posting a combined Request for Information/Synopsis document to Federal Business Opportunities, advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received in response to this posting.

B. The 416th SCMS/GUMAA Government Chief Logistics Manager, Richard Roy, performed market research which consisted of the following:

On 12 Feb 2021, a search was conducted on ThomasNet (http://thomasnet.com), an internet site registry, with the NSNs and Part Numbers listed in Section III above. This search resulted in zero results in the product/services, company name, brand name, Computer Aided Design (CAD) drawings and industrial web directories. An internet search was also performed on Google (www.google.com) and DoD Fedmall (https://adsinc.com/contract-vehicles/fedmall/)in Feb 2021. No additional sources were identified as a result of these searches.

On 12 Feb 2021, a review of commercial catalogs and other product literature was completed. The review indicated no other alternate commercial item, service, or non-developmental item (NDI), see FAR Part 2, will neither meet the requirement, nor can they be modified to permit use of existing commercial items and/or services or NDIs.

The 761 screening action for this item was reviewed for consistency and reasoning. No discrepancies were found and BAE is the only approved source as the Government does not own data or rights to the data.

C. The 416th SCMS/GUMAA Integrated Product Team market research results indicate with 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 commercial or non-developmental 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

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 OR SERVICES REQUIRED

The Government will review requests from contractors interested in becoming a qualified source and provide available information to conduct self-funded reverse engineering.

XII. CONTRACTING OFFICER’S CERTIFICATION

The Contracting Officer’s signature on the Coordination and Approval Document (CAD) 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 CERIFICATION

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)).