Full_Redacted_J A.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the Air Force Sustainment Center (AFSC), 638 Supply

Chain Management Group (SCMG), 409 Supply Chain Management Squadron (SCMS)/GUMC.

The contracting authority for this requirement is Defense Logistics Agency (DLA) Aviation

Warner Robins. The purchase request number supporting this contracting action is FD2060-14-

00661.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, this activity requests authority to acquire the spares listed in this document using Other Than Full and Open Competition as prescribed by FAR

6.302-1, Only One Responsible Sources and No supplies or services will satisfy agency requirements. This action will result in the award of a new contract, which will be a firm-fixed price, Indefinite Delivery Indefinite quantity contract with two annual ordering periods in which additional quantities may be ordered. This sole source requirement will be purchased from the following company:

Hamilton Sundstrand Corporation

1007 East University Drive

Phoenix, AZ 85034-6513

CAGE Code: 0CAM5 not the same cage code on 76173030

Large Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

This requirement is for the purchase of the Programmable Armament Control System -46

(PACS) Computer Programmer (CP). P/N 11241-46, NSN: 1270-01-550-2010FX is a signal data converter

. This acquisition will use Consolidated Sustainment Activity

Group(CSAG) funding.

NSN 1270-01-550-2010FX, P/N: 11241-46

Ordering Period QTY Est. Unit Price Est. Total Price

Period I 1-10

Period II 1 – 5

Correct unit price

Total Potential Contract Value

Total estimated cost of this acquisition:

The quantities are based on September 2013 computations.

No previous spares have been procured by this organization. The estimated price is from D043A the Air Force’s cataloging system.

The delivery requirements necessary for this acquisition require delivery to begin 12 months after contract award at a quantity of 1 per month until completion.

The Acquisition Method Code for this item is 3R – acquire directly from the actual manufacturer, whether or not the prime contractor is the actual manufacturer; the data or the rights to use the data needed to purchase this part from additional sources are not owned by the

Government and it has been determined that it is uneconomical to purchase them. An inquiry to sell or release the data rights was made to Hamilton Sundstrand Corporation in November 2011, but the company declined to respond.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, Only One Responsible Source 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 (APPLICABILITY OF AUTHORITY)

The only qualified source is Hamilton Sundstrand Corporation (HSC). There are no commercial product sheets, test data, qualification data, support manuals, or related data that defines the performance and manufacturing characteristics of the PACS-46 CP The item drawings were created by HSC.

Research and review of the PACS-46 CP for both commercial and military markets found no existing items similar or compatible. The PACS-46 CP is needed for the F-15E aircraft. HSC is the Original Equipment Manufacturer (OEM) and is the only company with the full source documentation detailing the design, operation and manufacturing details of the PACS-46 CP.

The PACS-46 CP must conform to the OEM drawings (11241-46) and the requirements called out in the Performance Specification (HS15447) and Acceptance Test Procedures (ATP11283-

35).

There is no commercial or non-developmental manufacturing capability for the PACS-46 CP available to meet these requirements. The approved source, HSC, retains data rights, manufacturing knowledge, or technical data that is not economically available to the

Government. This data or knowledge is essential to maintaining the quality of the part. An alternate source would be required to qualify in accordance with the design control activity’s procedure, as approved by the cognizant Government Engineering Activity. A complete data package was not acquired by the Government during initial efforts of production for this item which was provisioned by Wright Patterson Air Force Base. The Government has continued to ask for cost for drawings and data; Hamilton Sundstrand declined the latest request Jan 10, 2014.

Accordingly, Hamilton Sundstrand is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement will be synopsized on the Federal Business Opportunities (FedBizOpps) web page as required by FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Although the Government does not own data to support acquisition of this Programmable Armament Control System Converter Programmer PACS-46

CP from any other source, any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential for subcontracting possibilities.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the Defense

Contract Audit Agency and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the Government is fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market Research was conducted as outlined by FAR 10.002 using the following methods: review of applicable trade journals and literature; discussions with industry representatives; internet searches (using such search engines as Google, Yahoo, Dogpile, and other industry resources search engines such as ILSMART, Thomas Register and Global Spec); a review of the capabilities of the organic facility; and past experience with similar contracts. It has been determined that no commercial equivalents exist which could fit our needs. The Air Force

Master Item Identification Database, D043A, was also researched along with acquisition historical records. The D043A database contains all qualified sources identified at the time of initial cataloging of these items and through subsequent revisions. Hamilton Sundstrand was the only source listed which has experience in the manufacturing and repair of the PACS-25, PACS-

30, PACS-45, as well as the PACS-46, which is currently being repaired under an existing

Warner Robins contract. The contractor has the manufacturing tooling capability, the support equipment, and the data necessary to manufacture and/or repair this component. No other source of manufacturing was found for this item during the market research.

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

OPEN COMPETITION

The identified source is the only source with adequate technical data. The OEM is not willing to sell data rights to the Government, which means the technical data package, specification, and engineering description suitable for Full and Open competition cannot be developed without reverse engineering. The time and cost for this item are based on a like item (the flat panel color display), contract # FA8523-04-D-0002-0095.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

See Section VI above.

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

As indicated above, the results of the study/analysis indicates it is not cost effective to attempt to qualify new sources on these particular items under the cited conditions. Program office will continue to access contractor’s willingness to sell data to Government. Surveillance of system will continue to be reviewed throughout period to insure the acquisition meets the stated criteria.

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. (FAR 6.303-2(ba)(12)).Include FAR ref

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(cb)).Include FAR ref http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/06.htm#P204_28777 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/06.htm#P204_28777