Redacted_JandA_FA8203-25-C-0010.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

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I. Contracting Activity.

United States Air Force

AFSC OL:H/PZAAB

6050 Gum Lane, BLDG 1215 Hill Air Force Base, UT 84056-5825 Contracting Officer:

Phone Number: - -

II. Nature and/or description of the action being processed.

Upon approval to use Other Than Full and Open Competition procedures, the Air Force will issue a new commercial contract for the F-16, Wheel Speed Transducer (NSN 1630-01-525-3372) to:

Hyrdo-Aire Aerospace Corp 3000 Winona Avenue Burbank, CA 91504 Cage Code: 81982

Estimated Dollar Value: $893,456.00

Type J&A: Individual.

III. Description of supplies/services required to meet agency needs.

Contract Type: Supply Pricing Arrangement: Firm-Fixed-Price (FFP) End Item: F-16 Landing Gear Noun: Wheel Speed Transducer (Sensor, Anti-Lock BR)

NSN: 1630-01-525-3372

P/N: 140-279

QTY:

This individual J&A will be used to support acquisition of the F-16 Wheel Speed Transducer (NSN 1630-01-525-3372) used by the United States Air Force. Without this part, the Air Force will see a decrease in aircraft readiness and an increase in aircraft down for parts.

A Request for Information (RFI) was submitted to Hydro-Aire Aerospace Corp inquiring if they would be willing to sell the data rights for this item to the Government. Hydro-Aire's response was they are not willing to sell the proprietary rights. Therefore, the estimated dollar value does not include separately-priced CLINs for intellectual property (IP) and IP rights. Additionally, there are no other data deliverables (i..e. CDRLs) anticipated for this buy. In the event Hydro-Aire is willing to sell any proprietary rights in the future, the associated costs with those rights will be authorized on a new individual J&A.

Funding for this effort will utilize CSAG-S Working Capital 4930 funds.

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

FAR 6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements, is determined appropriate for this proposed contracting action.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

This Individual J&A is for the continued production of highly specialized equipment. This contracting action is required

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 8March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 8 the Program Manager and PCO. Market research techniques conducted consisted of the following:

PRODUCT DATA

The initial market research conducted for this proposed buy was completed using a AFMC Form 761 - AMC/AMCS Screening Analysis Worksheet (SAW), to determine the data (bid set & engineering data list) and data rights required to manufacture this product. The evaluation determined Hydro-Aire, Inc (cage code 81982) is the only known source for this item. Hydro-Aire has claimed proprietary rights to their data and are not willing to remove the rights to this data and/or sell the rights to the Government. Based on previous buy history and Hydro-Aire owning the proprietary data, an AMC/AMCS code of "3R" was determined to be appropriate for this proposed contract action.

BUY HISTORY

The recent (within 5 yrs of 761 screening) and relevant (same/similiar item) buy history for this item was considered to identify potential sources and overcome barriers of competition. The most recent buy was an order awarded to Hyrdo- Aire, Inc.

Contract Award Date Vendor 07 Nov 2023 FA820323P0007 HYDRO-AIRE, INC. 81982 30 Sep 2022 FA820322P0035 HYDRO-AIRE, INC. 81982

The recent previous buys were from Hydro-Aire, Inc. It should be noted that Blue Aerospace LLC is an authorized distributor of Hydro-Aire that handles their FMS business. Therefore, there are previous buys to Blue Aerospace LLC for this item; however, this current proposed buy is for USAF only. Therefore, Blue Aerospace is not authorized by Hydro- Aire to participate for this current proposed contract action.

ENTERPRISE & STRATEGIC CONTRACTS

Known awarded and yet to be awarded enterprise and strategic landing gear contracts to the USAF were considered to identify potential sources, overcome barriers to competition and avoid a potential duplication of contracting efforts. It was determined that none would meet this requirement.

COMMERCIAL OPPORTUNITIES

This item was previously purchased using FAR Part 12 commercial product procedures. Therefore, the current proposed contract action for this same item may not be acquired using other than FAR Part 12 procedures unless the head of the contracting activity issues a determination.

Previous Contract: FA820319F0114 (under DLA commercial IDIQ Contract SPE4AX17D9400)

DFARS 212.102(a)(ii)(A): Pursuant to 10 U.S.C. 3456(c), except as provided in paragraph (a)(ii)(B) of this section or unless the item was acquired pursuant to paragraph (a)(i)(B) of this section, if the Commercial Item Database (for website see PGI 212.102(a)(iii)(A)(1)) contains a prior commerciality determination, or the contracting officer has other evidence that an item has previously been acquired by DoD using commercial product and commercial service acquisition procedures under FAR part 12, then the prior contract shall serve as a prior determination that an item is a commercial product or commercial service. The contracting officer shall document the file accordingly.

DFARS 212.102(a)(ii)(B): If the item to be acquired meets the criteria in paragraph (a)(ii)(A) of this section, the item may not be acquired using other than FAR part 12 procedures unless the head of the contracting activity issues a determination as specified in paragraph (a)(ii)(B)(2)(ii) of this section.

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

None

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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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.

In an effort to overcome barriers to competition, the agency will continue to monitor movements in industry, such as mergers, request Hydro-Aire's interest in selling their proprietary data or rights to the data, periodically screen the item for changes in data and source availability, and to be aware of new commercial opportunities to meet the requiring activity's needs. Finally, to ensure that we are maximizing competition where possible, prior to the issuance of any future new award of a stand-alone contract action, the Government will verify whether additional sources have been approved for the specific NSN being procured.

Per DFARS PGI 206.304(a)(S-70), as indicated by the approval signature of this Individual J&A, all previous J&As that were able to be located and made available for the buy history for this item listed in this J&A, have been reviewed and all identified actions to overcome barriers to competition have been accomplished.

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 signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204)

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

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification.

Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “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))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired.

Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)]

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. Certification by the technical/requirements personnel. (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.