FD20602200137_Redacted.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), and the 408 Supply Chain Management Squadron (SCMS) / GULB. The contracting office for this requirement is DLA/AWB. The purchase request number supporting this contracting action is FD2060-22-00137.

II. Nature and/or Description of the Action Being Processed. [FAR 6.303-2(b) (2)]

Due to the circumstances described herein, the activity requests authority to purchase items to support requirements for ALR-56M Intermediate Amplifier, 59-01-685-3623EW P/N 330386- 501, commonly referred to as the IF Assembly, applicable to the F-16 C/D and the C-130J using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in the award of a contract for the procurement of ALR-56M IF Assembly.

This action will result in a new 5-year Firm Fixed Price (FFP) requirements type, Indefinite Delivery Contract (IDC) with a 12-month basic ordering period, and four twelve-month ordering periods with a total estimated contract value of

General Microwave Corporation 227A Michael DR Syosset, NY 11791-5306 Cage Code: 11332** Large Business

**The Screening Analysis Worksheet and Item Description list the source as GMI CAGE 2198A (formally SCG64). However, the approved vendor GMI CAGE 2198A does not do business with the USG directly. Any resultant contract will be with GMI parent company General Microwave Corporation CAGE 11332. Historically for contracts where GMI manufactured items for the USG the contract has been between USG and General Microwave Corporation. Per email from General Microwave Corporation there will be no pass through cost associated with contracting with General Microwave Corporation vs. GMI

III. Description of the Supplies/Services Required to Meet Agency Needs. [FAR 6.303- 2(b) (3)

This requirement is for the purchase of the ALR-56M Intermediate Amplifier (IF Assembly), 5996-01-685-3623EW P/N 330386-50l The IF Assembly is a component of the Superheterodyne Controller (SHC) Line Replace Unit 7 (LRU-7) that is part of the ALR-56M. The ALR-56M Advanced Radar Warning Receiver (ARWR) continuously detects and intercepts Radio

Frequency (RF) signals in certain frequency ranges and analyzes and separates threat signals from non-threat signals. It displays threat signals to the pilot on a priority basis.

Under the contemplated contract, GMI will provide the following supplies for sustainment of the ALR-56M weapon system which is installed on the F-16C/D and C-130J aircraft. Estimated Best Estimated Quantities (BEQ’s) and cost shown in below table.

Basic OP1 OP2 OP3 OP4

64 25 22 10 10

The nominal Contract Line Item Numbers (CLINs) structure is as follow

CLIN DESCRIPTION COST *BEQ U/I Unit Price Total Est Cost 0001 Purchase FFP 64 EA 0002 Data **NSP

Ordering Period 1 CLIN DESCRIPTION COST BEQ U/I Unit Price Total Est Cost 0001 Purchase FFP 25 EA 0002 Data NSP

Ordering Period 2 CLIN DESCRIPTION COST BEQ U/I Unit Price Total Est Cost 0001 Purchase FFP 22 EA 0002 Data NSP

Ordering Period 3 CLIN DESCRIPTION COST BEQ U/I Unit Price Total Est Cost 0001 Purchase FFP 10 EA 0002 Data NSP

Ordering Period 4 CLIN DESCRIPTION COST BEQ U/I Unit Price Total Est Cost 0001 Purchase FFP 10 EA 0002 Data NSP

*Best Estimated Quantity **Not Separately Priced

Total estimated contract value is . A escalation factor was applied to estimated unit price for each Ordering Period. This effort will be funded using Consolidated Sustainment Activity Group (CSAG) funds.

Based on the anticipated contract award date, orders can be issued on this Requirement IDC for five years, anticipated to be 01 Jul 2022 through 30 June 2027. This J&A covers the ordering period of the Requirement IDC. This acquisition will be funded with Consolidated Sustainment Activity Group-Supply Division Defense Working Capital Fund 97X4930 appropriations.

The Acquisition Method Code/Acquisition Method Suffix Code (AMC/AMSC) the item is 3/B AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate Technical Data Package (TDP), data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

IV. Statutory Authority Permitting Other Than Full and Open Competition. [FAR 6.303-2(b) (4)]

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).

[FAR 6.303-2(b) (5)]

The agency's minimum needs can only be satisfied by the unique supplies or services available from General Microwave as identified on the design requirements and source controlled drawings.

The Government contacted GMI with an inquiry to sell the Technical Data Package, on 8 Feb 2022 GMI replied, that they were not willing to sell the IF Assembly TDP.

The last sole source procurement contract with General Microwave was SPRWA1-20-C-0003.

This contract was awarded on 25 Nov 2019 and expired on 24 Nov 2019.

General Microwave is the only company capable of providing the requirements without the U.S.

Air Force experiencing unacceptable delays in fulfilling its requirements in addition to substantial duplication of cost that are not guaranteed to be recovered through competition.

VI. Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable. [FAR 6.303-2(b) (6)]

The requirement will be synopsized on the System for Award Management (SAM.gov) in accordance with FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential subcontracting possibility.

A Sources Sought Synopsis (SSS) for this effort was posted to SAM.gov on October 20, 2021, under synopsis number FD2060-22-00137_SSS_IF_ASSEMBLY, NSN 5996013653623, with a due date for responses of November 3, 2021. Only one response was received from the OEM, General Microwave Corporation.

The engineer conducted a review of several industry-wide searches on the Internet, using the ACE-recommended component search engines as discussed below in section VII. The key term used was: ALR-56M. No results returned.

VII. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. [FAR 6.303-2(b) (7)]

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-3, it is anticipated that negotiations will be conducted using information other than cost and pricing data from the contractor. Thorough price analysis will be conducted using available information and approved pricing techniques that will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government.

VIII. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research was not Conducted. [FAR 6.303-1(b) (8)]

Market research was accomplished between 28 Sep, 2021 and 14 Feb, 2022 and conducted pursuant to FAR Part 10.001 and 10.002. The Government performed several queries in the marketplace, as well as in databases listed on the approved Acquisition Center of Excellence (ACE) website. The ALR-56M Systems Engineering team searched the database and websites by NSN, part number, and/or item description. Research revealed that there is a single source capable of meeting Government needs.

The team conducted a review of several industry-wide searches on the Internet, using the following ACE-recommended component search engines. The key term used was: ALR-56M.

· http://www.aerospace-technology.com/contractors/index.html

· http://www.globalspec.com/ProductFinder

· http://www.eem.com/

A Sources Sought Synopsis (SSS) for this effort was posted to SAM.gov on October 20, 2021, under synopsis number FD2060-22-00137_SSS_IF_ASSEMBLY, NSN 5996013653623, with a due date for responses of November 3, 2021. Only one response was received from the OEM, General Microwave Corporation.

This item does not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military unique and is not customarily used by the general public or by non- Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components.

IX. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

[FAR 6.303-2(b) (9) (i)]

The identified source is the only source with adequate technical data. The OEM is not willing to sell data rights to the Government and reverse engineering is not feasible.

X. List of Sources, if any, That Expressed Interest in the Acquisition. [FAR 6.303-2(b) (10)

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. [FAR 6.303-2(b) (11)]

The plan to break barriers to competition in the prior J&A was to continue engaging the OEM on selling the TDP to the Government. That plan was completed, however the OEM continues to decline sell of the TDP to the Government. Based on fulfillment of the prior plan, the current J&A does not require higher level approval in accordance with DFARS PGI 206.304(a) (S-70) (ii).

While market research indicates a sole source environment for this NSN and the contractor is not currently willing to sell the TDP, the Government will continue to pursue acquisition of the data.

The Government will contact the OEM prior to contract expiration to inquire into their willingness to sell the data package to the Government. If the OEM agrees, action will be taken to obtain funding for data acquisition.

Qualifying a new source based on the technical specification in the SCD using a Form/Fit/Function/Interface (F3I) approach may be more feasible than reverse engineering. If the current design becomes obsolete, the government will re-accomplish the ROI analysis taking into account the cost of an OEM redesign and a competitive F3I qualification approach.

XII. Certification by the Contracting Officer. [FAR 6.303-2(b) (12)]

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Technical/Requirements Personnel’s Certification. [FAR 6.303-2(c)]

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.