JA Moody V35 Dyno v4 legal review_24 July 2024_Redacted.pdf

CUI//SP-PROCURE/FED ONLY

Control Number: MZ-BCN-248

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Signature:

Turbine Diagnostic Team Lead

Signature:

(b) (6)

4. Authority Cited: Title 41 United States Code Section1901 as implemented in the Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: The proposed acquisition requires the use of the cited statutory authority because of the proprietary nature of this equipment. The FEDS is designed to only interoperate with the V35. The proposed awardee, Concepts NREC, is the Original Equipment Manufacturer (OEM) and is the only available company capable of providing the required equipment. Concepts NREC owns the proprietary rights to the V35, the only known equipment which meets the design specifications for the FEDS and the T-700 turbine engine. Concepts NREC has not authorized the Government access to its proprietary data, to utilize the proprietary data, or the authority to allow any other sources to use its data; therefore, no other sources can compete for this award.

6. Efforts to Obtain Competition: The Government conducted Market Research for the procurement of the V35 by the PIF FEDS team as detailed below in paragraph eight. In accordance with DFARS 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance, and Information (PGI) 206.302-1(d), a Sources Sought Notice, ID PANSRA_11174, was published on SAM.GOV on 18 June 2024 and closed on 27 June 2024 for a total of nine days. One interested source responded, but this vendor cannot compete because the OEM, Concepts NREC, has not released its proprietary data to either the Government or to any other source.

7. Actions to Increase Competition: PIF personnel continually conduct market research to evaluate and ensure maximum competition is obtained for emerging technologies to provide capability for the Warfighter at the lowest possible cost to the taxpayer and the PIF customers. The PIF, as part of the DEVCOM AvMC, receives nearly all of its funds on a reimbursable basis and always search for emerging technologies and prototypes to save its customers money. As future requirements for the FEDS and V35, including new technology, become known or new services or products become available, market research will be conducted to ensure competition to the fullest extent possible.

As stated previously in paragraph five, the proprietary data is not available to support full and open competition, and the Government does not have any access to the required data to compete this requirement for V35. Concepts NREC owns the proprietary data and not licensed it to the Government in a manner that would allow for full and open competition, and the Government does not anticipate being able to compete this action in the future.

Should a new source acquire the authorization to use the necessary proprietary data from Concepts NREC during the contract period of performance, the new source can compete in future procurements. The PIF will support the fielding of the V35 fielded at Moody Air Force Base as part of a remanufacture and relocation of the FEDS from a different location.

(b) (4)

8. Market Research: In accordance with FAR 10.002(b), meaningful Market Research was conducted by the Acquisition Analyst and Government Project Lead for the PIF FEDS team. Market research was conducted within the last 12 months and methods included the following: (a) personal knowledge in procuring hardware of this type; (b) contacting knowledgeable persons in Government during May 2024 (to include FEDS Logistics Specialists and FEDS Subject Matter Expert (SME); (c) publication of a formal request for information in the form of a sources sought notice issued on 18 June 2024 for a total of nine days on sam.gov; and, (d) Review of Government and/or commercial databases for relevant information during May 2024 (General Services Administration (GSA) Advantage database in May 2024).

This market research did not uncover no sources other than the OEM, Concepts NREC, who can perform this requirement. As previously noted in paragraph six, a Sources Sought Notice, ID PANSRA_11174, was published on SAM.GOV on 18 June 2024 and closed on 27 June 2024, to which only one interested source responded to express its interest; however, that interested source is not viable because it has no access to the proprietary data necessary to manufacture the V35.

The PIF FEDS team researched other vendors’ websites, such as for similar parts, neither vendor is viable because it cannot provide Dynamometers with the required interoperability with the FEDS legacy systems.

Concepts NREC owns the proprietary rights necessary to refurbish the equipment, as supported by the fact that only one vendor, Concepts NREC, submitted a quote on 10 May 2024.

9. Interested Sources: One response was received based on the Sources Sought Notice from The PIF personnel contacted , the only contractor who responded to the sources sought notice, to determine its capabilities. indicated that it would attempt to procure the proprietary data from the OEM and would build the V35 overseas or attempt to get the OEM to sell them the V35 and act as an intermediary or a pass-through distributor of some sort. indicated that it has no relationship with the OEM, and has no reason to think that it can manufacture this without the obtaining the propriety data form the OEM. Concepts NREC owns the proprietary rights to the V35. The Sources Sought Notice was published to SAM.gov for nine days as previously detailed and to date, no interested sources responded with the interest and capability of performing this requirement other than the OEM, Concepts

NREC.

10. Other Facts:

a. Procurement history. A similar Dynamometer, V35/85, was procured on a stand-alone Purchase Oder, Contract W31P4Q-23-P-0027 on 19 September 2023 in support of the Marine Corps Base in Quantico, VA also on a sole source basis.

b. Other facts. N/A

(b) (4) (b) (4)

11. Technical and Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name: Title: Government Project Lead (GPL)

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Signature: _ _

Typed Name: Kevin Powell Title: Contracting Officer

13. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ____________________________

Typed Name: Kevin Powell Title: Contracting Officer