FD20202100458 FD20202100885Redacted.pdf
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- Attached to
- REDACTED J & A
- Solicitation number
- SPRHA421R0458
- Issued by
-
Defense Logistics Agency Aviation
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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 procure this part from other than the current approved source. Parker- Hannifin Corporation owns the proprietary technical data. Given the critical role that this part plays in the system's operation, poor replacement parts would critically undermine the operation and mission of the Cylinder Assembly. The technical data is proprietary to Parker-Hannifin Corporation and they have expressed an unwillingness to sell the data; therefore, the government does not own sufficient data to procure this item on a competitive basis.
B. The FMS countries acquiring this item is not interested in and will not fund reengineering efforts by a new vendor. Any effort to reengineer this part would have technical risks associated with it.
Additionally, the 416th SCMS/GUEAA Engineer determined that reverse engineering cost to develop a qualification package and encourage competition is estimated at The cost was computed using estimates for lab analysis, parts destroyed, drawing proofs, special testing, technical order revision and logistics.
C. Accordingly, Parker-Hannifin Corporation, the only current source, is not willing to sell their manufacturing drawing data, engineering data, or data rights to the government. On 10/5/21 William Garcia, Engineer for the 416th SCMS sent an email to Parker-Hannifin asking if Parker would be willing to grant unlimited rights to Government. John Showman, Regional Manager of Parker- Hannifin, responded the same day that Parker-Hannifin will not grant unlimited rights, nor do they have any intentions to sale the data. Therefore, competition for this acquisition is restricted and an acquisition method code of 3/R has been assigned.
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 (#SPRH4-21-R-0458) was posted to the Federal Business Opportunities website at www.sam.gov advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 15 March 2021 and closed 30 March 2021. No responses were received from industry.
B. Other actions: None.
A. 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. Additional market research consisted of querying government and commercial databases (PRPS, JEDMICS and Haystack). The engineer searched both google.com and Thomas.net using keywords “82106” and “3834000-22”, which only identified the current qualified sources.
C. A preliminary reverse engineering effort was attempted for this item to make it more competitive but there was not any funding available to pursue this effort. Further evaluation determined that to reverse engineer this requirement would require a minimum of and wouldn’t be cost effective at this point in the F-16 lifecycle.
D. Based on the market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the government's requirement nor are there any commercial or non-developmental items that can be modified.
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 (FAR 6.303-2(c)).
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