FD20202100759_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 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. Lockheed Martin Corp. owns the proprietary data to repair the AOA transmitter and the government owns limited data rights for organic repair. The Lockheed Martin data is not sufficient for manufacture. Aerosonic LLC owns the proprietary technical data for new manufacture. Eric Simpkinson asked Aerosonic on 28 July 2021 if Aerosonic would be willing to sell the data and Lorenzo Belluccia responded that they are not interested in selling the data rights. 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 AOA transmitter; therefore, the government does not own sufficient data to competitively procure this item

B. The FMS countries acquiring these items are 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 economical for some companies to stay in the market and would be uneconomical for additional competitors to enter the market. Aerosonic is the OEM for this NSN and as such, manufactures the NSN to meet proper form, fit, and function.

C. The FMS countries acquiring this item are not interested and will not fund reengineering efforts by a different vendor.

D. Accordingly, Aerosonic LLC 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 OF 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-0759) was posted to the System for Award Management website (www.sam.gov) advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 11 June 2021 and closed on 30 June 2021. No responses were received from 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 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 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.

B. Market research was conducted by the USAF engineer, Eric Simpkinson, on May 24, 2021. This research consisted of searches on Google for “Angle of Attack Transmitter, Aerosonic, Lockheed Martin, 16VC034-2” as well as searching the following government systems: PRPS, Haystack, and JEDMICS using the following search terms:

SLZ7317-2, 6610-01-253-1448, Aerosonic, CAGE 98810, 16VC034-2, CAGE 81755.

These searches did not yield any additional sources of manufacture for this item.

C. Based on the market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the agency’s need nor are there any other commercial or non-developmental items which could be utilized 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(a)(12)).

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

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(b)).