JA 20-00122-Redacted.pdf

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 or a Limited Number of Responsible Sources and No Other Type of Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED ABOVE

A. The AMC/AMSC code for this requirement is 3B. The Government does not currently own sufficient data or rights to the data needed to purchase this part from additional sources. The USAF has acquired a data package from the owner and developer, Syracuse Research Corporation (SRC). However, the technical data package (TDP) does not include data for test equipment required to successfully manufacture the CEAR. The 415th SCMS/GUEA Engineer reached out to SRC via email on 30 April 2020 regarding selling the equipment data and software for the testing. SRC responded that they would not be willing to sell or license the data associated with testing. Without the data for test equipment it is not possible to manufacture or repair this asset successfully. The 429 SCMS Material Integrity, has informed the 415 SCMS Range Threat Systems JTE program office that based on the incomplete government owned data, this item will not be allowed to be coded for full and open competition. No other entities have expressed capability to build this item without access to the proprietary data/intellectual property of the OEM. Although SRC claims complete ownership of the data, Amherst Systems Inc. is an authorized distributor and integrator of the CEAR into the JTE system and therefore is considered a qualified source for this requirement.

B. The 415th SCMS/GUEA Engineer has determined that reverse engineering/duplicate costs to develop a qualification package and encourage competition are estimated to exceed . This estimate is based on the time and cost to build the test stands, setup procedures, and software required for the test equipment. Based on this cost it would take over 100 years to break even due to the current low usage rate. The parameters for this component are limited to the Original Equipment Manufacturer (OEM) with the designs, data and drawings created at SRC. Since the data required to test manufacture the CEAR is limited to SRC, interested vendors would have to be willing to invest the time, funding and manpower required to reverse engineer the entire CEAR at their own expense.

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 (#SPRHA5-19-R-0122) was posted to the Federal Business Opportunities website at www.fbo.gov advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 4 November 2019 and closed on 19 November 2019. No responses were received in response to this posting.

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 overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.404, 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. Based on the foregoing, the Contracting Officer hereby determines the anticipated cost to the Government will be fair and reasonable.

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, IAW FAR Part 10, was conducted by posting a combined Request for Information/Synopsis document to Federal Business Opportunities, advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received in response to this posting.

B. In addition, the 429 SCMS and the 415 SCMS conducted a review of procurement history, commercial catalogs, proprietary data rights, and determined that no other alternate commercial item or non-developmental item (NDI) will meet the requirement, nor can the requirement be modified to permit use of existing commercial items or NDIs. The NSN review identified Syracuse Research Corporation (SRC) as being the only manufacturer utilized in the procurement of this item. The same review showed no history of a purchase of this item.

C. On March 9, 2020 a search and review of Google (http://www.google.com) and (http://Thomasnet.com) internet sites was accomplished using the terms “CEAR, Common Electronic Attack Receiver, and Electronic Attack Receiver, in which no additional sources were identified.

D. This item has not been identified as “commercial” per FAR part 2.101 and DoD Commercial Item Handbook. There are no known commercial items that can suffice for this application. The CEAR Assembly is specific to the JTE.

E. Based on market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the agencies needs nor are there any other commercial or non-developmental items which could be utilized or which could be modified 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.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by the required design control documents included with the package as submitted by the cognizant Government engineering activity, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.