JA and Amd redacted_2100064.pdf

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

FOR OFFICIAL USE ONLY

March 2018 FOR OFFICIAL USE ONLY Page 3 of 5

Unit price used for first ordering period is the forecasted unit price from Air Force computation system D200. A inflation factor was added to calculate out-year ordering period prices. This acquisition will be funded by the Air Force Working Capital Funds (AFWCF). The required delivery schedule is 5 per month to begin six months after delivery order is awarded.

Item was screened IAW Department of Defense Spare Parts Breakout Program. Item was assigned an AMC/AMSC of 3/B which means to acquire, for the second or subsequent time, directly from the actual manufacturer. The 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, data review disclosed that required data or data rights are not in Government possession and cannot be economically obtained. The current AMC/AMSC of 3B expires Jan 25, 2025.

Lockheed Martin is listed on the AMC/AMSC screening analysis worksheet report as a design activity due to the Prime-Vender relationship that existed between Lockheed Martin and Parker Hannifin during acquisition of the C5 aircraft.

IV. Statutory authority permitting other than full and open competition.

10 USC 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 subject hydraulic motor was designed specifically for the C-5 Galaxy aircraft which is a military transport aircraft. There are no known public or non-governmental uses for this item. There are no commercial items available that could be modified to satisfy the Government’s requirement.

Engineering has determined that this item is C-5 unique and is noncommercial. There are no substitutes that can fill the Government’s need.

The agency’s requirement can only be satisfied by the unique supplies or services available from Eaton Aerospace, LLC (Cage Code 62982) based on the fact that the Government does not own manufacturing data, drawings, schematics, or any other releasable technical data in support of a competitive acquisition for this requirement. Eaton Aerospace owns the rights and data to produce the hydraulic motor. As a result, Eaton Aerospace is the only known source with adequate knowledge of the performance requirements, possession of the required technical data, and the capabilities needed to produce the item while ensuring compatibility of the equipment.

A Government Logistics Manager contacted an Eaton Aerospace representative via e-mail on 19 May 2020 to see if they would be willing to sell or lease the manufacturing data for the subject hydraulic motor to the Government. The company representative responded on the same day via email that Eaton is not willing to sell or lease the manufacturing data to the Government.

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VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

This requirement will be synopsized on beta.SAM.gov website 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 the accumulators or the valve assembly 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.

A Sources Sought – Request for Interested Manufacturers for the hydraulic motor was posted to beta.sam.gov on May 14, 2020 @ 12:15 pm EDT. Date for responses was May 29, 2020 @ 05:00 pm EDT. There were no responses received.

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. This will support the contracting office in making a determination that the price paid 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.

The following market research techniques were used:

Sources Sought – Request for Interested Manufacturers for the hydraulic motor was posted to beta.sam.gov on May 14, 2020 @ 12:15 pm EDT. Date for responses was May 29, 2020 @ 05:00 pm EDT. There were no responses received.

Performed a Dynamic Small Business Search 20 May 2020 at http://dsbs.sba.gov/dsbs/search/ dsp_dsbs.cfm/ using NAICS code 336413 (other aircraft parts and auxiliary equipment manufacturing) and keyword “hydraulic motor”. The search resulted in one match.

Did an internet search at https://www.thomasnet.com/ using the following search criteria:

o Hydraulic Motors Suppliers o Quality Certifications – ISO 9001:2015 o Company Type – Custom Manufacturer Search resulted in 11 suppliers.

Did internet searches of the companies listed on the SBA Dynamic Small Business and Thomas Net searches.

Reviewed the companies listed on the SBA Dynamic Small Business and the Thomas Net searches.

None of the businesses were deemed capable. Without the manufacturing data for the subject hydraulic motor none of the companies are currently capable of providing the required items. An alternate motor is not authorized. Since a complete technical data package is unavailable to openly compete, no companies, other than the OEM, are currently capable of providing the required items.

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

None.

X. List of any sources that expressed, in writing, an 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.

No further actions will be taken at this time. The only available action to remove the competitive barriers to full and open competition and locate additional sources would be reverse engineering (RE) efforts to develop test equipment, tooling, and technical data. Based on other C-5 RE cost and estimated savings, it was calculated that the Air Force would not see a Return on Investment until well past the current expected retirement of the C-5 fleet. Therefore, RE is not a practical action to take in order to remove competitive barriers.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. 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.