FD20302000810_Redacted.pdf

Source Selection Information – See FAR 2.101 & 3.104

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

DLA AVIATION/AOA

3001 Staff Drive 2AC4108B Tinker AFB, OK 73145

PR# FD2030-20-00810, FD2030-20-00811 AND FD2030-20-00815

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEINGPROCESSED

This individual Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to obtain a new, firm fixed price, fixed-quantity, sole source contract with The Boeing Company, Commercial and Government Entity (CAGE) code 81205, for procurement of new Stabilizers, left, right and center, to support the KC-135 aircraft. This J&A is to support the rationale that only one responsible source exists and no other suppliers will satisfy agency requirements.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS

New Manufacture of:

PR FD2030-20-00810

NSN: 1680-00-969-4277FL

P/N: 5-72326-505

AMC/AMSC: 4P

NOUN: L/H Horizontal Stabilizer APPLICATION: KC-135 Aircraft

NRE: Non recurring expense for Data Unit Price:

Maximum Quantity: 48 Each Unit Price:

Estimated PR Dollars:

Type Appropriation: 97X4930

Item dimensions: 355.00 length X 35.00” width X 143.50” height and 2,200.00 pounds Material Content: Aluminum Item description and function: Left Hand Horizontal Stabilizer which controls the aircraft pitch axis

COMPETITION

10 U.S.C. 2304 (c)(1), as implemented by FAR 6.302-1(a)(2), "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements". IAW FAR 6.304(a)(4), the approval level for this J&A is the Senior Procurement Executive.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

ABOVE (APPLICABILITY OFAUTHORITY)

The rights to use the data needed to purchase the Left Hand Horizontal Stabilizer and the Right Hand Horizontal Stabilizer from additional sources are not owned by the Government and cannot be purchased, or otherwise obtained. There are 25 missing drawings for the manufacture of these 2 items. The last unsuccessful request from the OEM for data rights and missing drawings was 06 April 2020. These end items are not covered under the Boeing Rights Guard agreement, so no actions to make them competitive are planned in the future. The Boeing Company is currently the only known source that can satisfy the Government's requirement.

This item is military unique, with no equivalent commercial products within the current marketplace. Furthermore there are no commercial items in the current marketplace that can be modified to meet the requirements of the Air Force. Both items have been assigned an AMSC Code of P and by definition reverse engineering is uneconomical.

The rights to use the data need to purchase the Structural Support (Center Stabilizer) from an additional source are not owned by the Government and cannot be purchased, or otherwise obtained. The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source. This item is assigned and AMSC Code of H. This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC.

Because of its unique mission needs, the Air Force's requirements cannot be augmented to the point where a commercial item can be used. Delays in procurement have the potential of negatively impacting availability of KC-135R aircraft, hampering the Air Force's ability to meet critical mission requirements. Accordingly, The Boeing Company is the only responsible source capable of providing the items described in Section III above.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARESOLICITED

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

In accordance with FAR 5.201, this requirement shall be synopsized and the Request for Proposal will be posted to the SAM.GOV website. Government defined pre-award qualifications of new sources cannot be identified due to the unavailability of usage rights to the technical data as described in section V. The Government does not have qualification requirements as the OEM approves additional sources.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. The contractor will be required to provide certified cost or pricing data. A detailed cost analysis and price analysis will be accomplished.

The Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) may be contacted to assist with the analysis.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS,

OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

In accordance with FAR 10.001 (a) (2), market research was conducted on 13 Oct 2021 for all line items, including inquiries of available Air Force data systems, such as the Joint Engineering Data Management Information and Control System (JEDMICS), and the Military Engineering Data Asset Locator System. These are non- developmental items. Research indicates that due to the unique application of these items to the KC-135 aircraft, no alternate equipment or substitutes that might fill the Government’s needs are available.

A Sources Sought synopsis was posted to the Federal Business Opportunities on 11 Dec 2019 with a closing date of 18 Dec 2019 under Purchase Request numbers FD2030-20-00810, FD2030-20-00811 and FD2030-20-00815, which advised industry of the pending acquisition and solicited inquiries from interested parties. There were no responses to this effort from vendors with the technical data needed to satisfy this requirement. For these reasons, a high level of confidence exists that no other qualified sources are currently available.

Based on this market research, Boeing was found to be the only source able to fulfill the requirement described in section III.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

The Government does not own the data and is unable to approve additional sources for this configuration. With an AMSC Code of P, reverse engineering is uneconomical by definition.

USAF requirements have been reviewed and are unable to be modified. As a result, only Boeing CAGE 81205 and Boeing CAGE 82918 are approved to meet the requirements.

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

REMOVER OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

MAKING SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES OR SERVICES

REQUIRED

The 424th SCMS will continue to monitor the marketplace for source development. The Government will continue to synopsize the requirement and rescreen the item. If Boeing releases its data use rights to the Government during the life of this contract, the Government will take appropriate actions. If additional sources become known, this J&A will be amended accordingly.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that she has determined this document to be both accurate and complete to the best of her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and requirements personnel have certified that any supporting data contained herein which is their responsibility are both accurate and complete.