JA FD2020_20_00590 V.3 approved_Redacted.pdf

FD2020-20-00590

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY:

Defense Logistics Agency DLA Aviation at Ogden 6051 Gum Lane Bldg. 1225 Hill Air Force Base UT 84056-5825 Contracting Officer: Rocky Tello Commercial: (385) 519-8203 Email: Rocky.tello@DLA.mil PR Number: FD2020-20-00590

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

A. Upon approval to use other than full and open competitive procedures, DLA Aviation will issue a firm fixed price to procure KC-135 Hydraulic Start Motor. This requirement will be used by the United States Air Force. The contract will be awarded to:

Eaton Aerospace LLC 5353 Highland Dr.

Jackson, MS. 39206-3449 CAGE Code: 62983

NSN: 1650-01-669-3494

B. Contract Type & Structure: A spares contract, to procure a total quantity of 49 units with an anticipated Firm-Fixed-Price (FFP) arrangement issued. The estimated award date is August 2020, with delivery expected through February 2022, based on the last procurement i.e. lead-times.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED MEETING THE

AGENCY’S NEEDS:

A. This requirement is for NSN 1649-01-669-3494, PN: 571999 (Eaton). The KC-135 Hydraulic Engine Starter is a critical part of the Auxiliary Power Unit (APU). It is operated by hydraulic pressure delivered to the pressure port. Hydraulic pressure is directed by the port plate to the pistons, forcing the pistons forward, which causes the entire shaft rotor assembly to rotate as the pistons reciprocate within the rotor bores and slide against the fixed inclined thrust bearing. As the port plate allows inlet hydraulic pressure to bear only on one half of the pistons (approximately), the other half are vented to the return port. The port plate floats with respect to the end of the rotor. Balance pistons and springs press the port plate against the end of the rotor to restrict leakage. The balance pistons and springs adjust the seal, in proportion to inlet pressure, between the port plate and rotor, to conform changes in motor speed and pressure. An overrunning clutch is connected to the output shaft of the motor. The clutch engages in one direction and disengages in the other. In operation, the clutch engages when the rotational speed of the starter motor exceeds the APU reduction drive rotational speed. This allows the starter motor to turn the spline shaft for starting the APU. When the APU reduction drive speed exceeds the starter motor speed, the clutch disengages allowing both starter motor and APU to operate independently.

B. Unit Price estimated at $ Total estimated cost of $ for a buy of 49 units.

The estimate is based on D200 Requirement Determination System. This action will use 4930 Working Capital appropriated funds.

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 or Limited Sources 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 AUTHORITY CITED

ABOVE (APPLICABILITY OF AUTHORITY):

A. The above authority was selected because the government does not own the data or rights needed to procure the KC-135 Hydraulic Start Motor. Reverse Engineering Costs are estimated at $ and would take 26 years to break even which would result as a loss to the government. The Government concludes that award to any other vendors would result in substantial cost to the Government that is not expected to be recovered through competition, and would result in unacceptable delays in fulfilling the agency's requirements.

B. Currently Eaton and Triumph are the only sources with the technical data, specialized tooling, equipment, qualified personnel and unique facilities necessary to support the manufacture of the KC-135 Hydraulic Start Motor. However Eaton is the only source with the willingness to support the requirement. While Triumph is considered an approved source on the interchangeable NSN: 2925-01-189-4272, historically they have only performed repair work for the government and do not bid on new manufacture and have stated they do not intend to bid this requirement due to various reasons. An AMC of 3/R is therefore applied to this acquisition.

C. On 06 December 2019, the 419th Logistic Management Specialist, Karen R. Voorhies, sent a request to the approved sources in an effort to obtain the drawings and data rights for the Hydraulic Start Motor. Kirk McDaniel was contacted at Eaton and no response was received from Eaton and their failure to respond is interpreted as indicating to the government Eaton’s unwillingness to sell/license the data.

On 06 December 2019, the 419th Logistic Management Specialist, Karen R. Voorhies, sent a request to the approved sources in an effort to obtain the drawings and data rights for the Hydraulic Start Motor. Andrea Walker and Darryl Nelson were contacted at Triumph to obtain the drawing and data rights and no response was received from Triumph and their failure to respond is interpreted as indicating to the government Eaton’s unwillingness to sell/license the data.

D. UTC (55720) is listed on the screening analysis worksheet; however, they are identified as a Design Activity. This means they may possess the required data; however, they are not capable of manufacturing this item, have not previously provided this item to the government, and have not demonstrated an interest in providing this item to the government, nor did they respond to the government’s request for information or sources sought synopsis.

E. Accordingly, Eaton is the only vendor willing and capable of providing the supplies described in Section III above. Based on the preceding information, the AMC applied to NSN: 1650-01-669-3494 is “3/R”.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. Sources Sought Synopsis: The contracting office issued a combined Request for Information/Sources Sought Synopsis (RFI/SSS) to Beta.sam.gov on 10 January 2020 to provide industry an opportunity to inform the government of any interest and/or capability to manufacture subject item. The RFI/SSS closed on 24 February 2020. The contracting office received one response from Triumph who stated they would not be submitting a bid.

B. This requirement will be synopsized in Beta.sam.gov, as a notice of contract action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other action, they will be listed in the official contract file.

C. Other actions: None

D. Qualifying Country Sources: None

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Contracting Office will obtain certified cost and pricing data IAW FAR Subpart 15.403. The final step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

VIII. DESCRIPTION OF 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 by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. In addition, the 419 SCMS Integrated Product Team conducted market research that yielded the following results:

A review of commercial catalogs, company literature, proprietary data rights and individual experience was initiated by IPT members. The review indicated 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 on NDIs.

A review of the procurement histories for this item’s NSNs identified that Eaton (62983) and Garret Hydraulics (34270), as being the only manufacturers utilized for procurement of this item.

However Garret Hydraulics was used for procurement in the 1980’s and has since been absorbed into Allied-Signal Inc., which in turn was absorbed into Honeywell Aerospace (Cage 06848).

Honeywell then sold the data and rights to Triumph (1SR57). Triumph has repaired and produced components for the government but has not manufactured the full end item and has stated they will not be providing quote for this requirement.

The Government Purchase Request Process System (PRPS) was also searched using the NSNs, in which the results showed the only approved sources for manufacturing as Eaton (62983) and Triumph (1SR57). Additionally, the 761 AMC/AMSC Screening Analysis Worksheets indicated that Eaton (62983) as the only approved sources for manufacturing for NSN: 1649-01-669-3494.

And Triumph (1SR57) for the interchangeable NSN: 2925-01-189-4272.

Vendors that are listed in this market research report were found based on an internet search using Google and ThomasNet.com for “manufacturing, repair, and overhaul of aircraft Hydraulic

Start Motors”. Other information was gathered from the knowledge of the industry, expertise of the squadron and past dealings with some of the companies. These companies can be located at the following websites.

1. Hamilton Sundstrand (UTC Aerospace Systems); https://www.utcaerospacesystems.com

2. Triumph Actuation Systems; http://www.triumphgroup.com

3. Eaton Aerospace LLC; http://www.eaton.com/Eaton/ProductsServices/Aerospace/index.htm

4. General Electric Aviation; https://www.geaviation.com/

5. Goodrich (UTC Aerospace Systems); https://utcaerospacesystems.com

6. Honeywell Aerospace; https://aerospace.honeywell.com/

The USAF IPT consisting of the KC-135 Logistics Management Specialist, Karen R. Voorhies, Program Manager Lead, Tyler Underwood, and system Engineer, Lance Moss, through market research and years of combined professional knowledge of the KC-135 weapon system, have concluded with a high level of confidence that there are no additional sources capable of meeting the government’s needs.

Based on the market research conducted, there is a high level of confidence that there are no additional sources capable of satisfying the agency's need for this item nor are there any other commercial or nondevelopmental items which could be utilized to meet needs or which could be modified to meet the needs of the government.

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

OPEN COMPETITION:

On 06 December 2019, the 419th Logistic Management Specialist, Karen R. Voorhies, sent a request to the approved sources in an effort to obtain the drawings and data rights for the Hydraulic Start Motor. Kirk McDaniel was contacted at Eaton and no response was received from Eaton and their failure to respond is interpreted as indicating to the government Eaton’s unwillingness to sell/license the data.

On 06 December 2019, the 419th Logistic Management Specialist, Karen R. Voorhies, sent a request to the approved sources in an effort to obtain the drawings and data rights for the Hydraulic Start Motor. Andrea Walker and Darryl Nelson were contacted at Triumph to obtain the drawing and data rights and no response was received from Triumph and their failure to respond is interpreted as indicating to the government Eaton’s unwillingness to sell/license the data.

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:

The Air Force regularly queries the manufacturers in regards to sharing or selling the proprietary data rights for use in free and open solicitations. Furthermore, the Air Force regularly performs analysis to determine the feasibility and cost effectiveness of reverse engineering the proprietary technology.

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 (FAR 6.303-2(b)(12)).

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(c)).