FD20302200320_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

NEGOTIATION SENSITIVE

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Date PEO / Commander (Requirements Cognizance) [ Name ] [ Office Symbol / Phone Number ]

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Date Deputy Assistant Secretary (Contracting) [ Name ] [ Office Symbol / Phone Number ]

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Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

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Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

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APPROVAL ( DAFFARS 5306.304(a))

Date Chief of the Contracting Office (COCO) [ Official Signature Block ]

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The development of an additional source to produce this item is not feasible within allowable time frames and would result in unacceptable delays in fulfilling the FMS requirements.

The 430 SCMS/GUIB believes that award to any other source would result in unacceptable delays in fulfilling the FMS requirement. Delays in new procurement have the potential for disrupting availability of the C-130 aircraft leaving FMS unable to meet critical mission requirements and hampering FMS ability to provide adequate global reach. Accordingly, DNE Technologies is the only source capable of providing the supplies described in Section III above without FMS experiencing unacceptable delays in fulfilling requirements.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

This requirement was synopsized in https://sam.gov as a notice of proposed contract action IAW 5.201. This posting was created on the https://sam.gov website on Aug 14, 2023 under solicitation FD2030-22-00320 with a response date of Aug 21, 2023. No interested sources requested consideration.

VI. 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. IAW FAR as supplemented, the contractor will be required to submit Other Than Certified Cost or Pricing Data. A detailed price analysis will be performed. The Contracting Officer will request a technical evaluation from the Defense Contract Management Agency (DCMA) to aid in the evaluation of the contractor's proposal if necessary. The Contracting Officer will seek audit assistance from the Defense Contract Audit Agency (DCAA) if necessary.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research, in accordance with FAR Part 10, was conducted on 23 Jan 23 by inquiry of Parts Manufacturer Approvals, HAYSTACK and a web search of Google and the Thomas Register. This research revealed that there is not a commercial item available to meet this requirement. The item described in Section III is used in military applications and no commercial or non-developmental substitutes are available. Other companies that perform similar efforts exist in the marketplace, but they do not possess the applicable technical data/tooling/etc. required to meet the Government's specifications. This is not a commercial item.

This item contains critical characteristics and meet the requirements of either a Critical Application Item (CAI) or Critical Safety Item (CSI) as defined by the Joint Aeronautical Commanders Group Critical Safety Item Handbook. The potential contractor must provide a copy of the Current Design Activity's (CDA) Non-Disclosure Agreement and licensee agreement certifying their business is approved to manufacture this item. The contractor is also required to obtain all technical drawings, data, specifications from the CDA. The contractor shall be capable of furnishing all required labor, material, facilities, and equipment to accomplish the scope described in section B above. Contractor will be responsible for supply chain management, logistics, parts required and technical issues in the manufacturing and delivery of this item.

Based on the above, a high level of confidence exists that DNE is currently the only responsible source able to fulfill the requirements.

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VIII. Any other facts supporting the use of Other Than Full and Open Competition.

The item described in Section III above has an AMSC of “R ”. The Government considers reverse engineering economically unfeasible.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

Honeywell International inc. Cage: 64547 DBA Honeywell Div Aerospace-Tucson 11100 N. Oracle Rd Tucson AZ 85737-9588 Phone Number 800-601-3099

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The 422 SCMS/GUEA engineering group will continue to monitor the marketplace for potential source development and will continue discussions with the OEM regarding additional approved sources. The Government will continue to synopsizes the requirement and re screen the item for changes in data and source availability and attempt to acquire the data necessary to qualify additional sources.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.