FD20202100512_Redacted.pdf

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF AUTHORITY CITED

ABOVE (APPLICABILITY OF AUTHORITY)

A. The above authority was selected because the government does not own the data rights need to procure this part from other than the current approved source. International Enterprises Inc.

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 HUD EMA. The technical data is proprietary to International Enterprises Inc. they have expressed an unwillingness to sell the data; therefore, the government does not own sufficient data to competitively procure this item.

B. The FMS country acquiring these items is not interested in and will not fund re-engineering efforts by a new vendor. Any effort to re-engineer this part would have technical risks associated with it. Additionally, it has been determined that it has been uneconomical for some companies to stay in the market and would be uneconomical for additional competitors to enter the market.

C. Accordingly, International Enterprises Inc. is the only firm capable of providing the supplies and services described in Section III above without the government experiencing substantial duplication of cost that could not be expected to be recovered through competition. Therefore, competition for this acquisition is restricted and an acquisition method code of 3/R has been assigned.

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-0512) 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 16 March 2021 and closed on 31 March 2021. No responses were received in response to this posting.

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 certified cost and pricing data IAW FAR Subpart 15.403, when required. 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, 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. In addition, the 416th SCMS Engineer performed the following market research:

-Review of technical drawings in JEDMICS for alternate manufactures -Reviewed acquisition documents for the EMA in PRPS -Contacted IEI to gage interest and ability in providing the EMA -Google search using key words: IEI, HUD EMA, 50218

C. Based upon the market research conducted, there is a high level of confidence that there are no additional sources capable of satisfying the agency’s needs for this item nor are there are other commercial or non-developmental items which could be utilized or modified to meet the agency’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 OR SERVICES REQUIRED

None

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.

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)).