Redacted JnA FD20302100002 Rpr Fuel Pump.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

United States Air Force

AFSC/PZA

3001 Staff Drive Tinker AFB, OK 73145

Purchase Request (PR): FD2030-21-00002

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

This individual Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to obtain a new, follow-on, repair services contract for the KC-135 Multi-Point Refueling System Fuel Pumps with Cobham Mission Systems Wimborne Limited (Cobham), Commercial and Government Entity (CAGE) code U1918.

This J&A is not in support of a Bridge Action as defined in the AF Bridge Action Reduction Plan. The contemplated contract will be a Firm-Fixed Price (FFP) requirements-type contract. This effort is considered commercial. In accordance with (IAW) FAR Part 16, a three-year basic period and two, 1-year option periods is considered appropriate for this acquisition. This contract will include the Option to Extend Services clause (FAR 52.217-8). The total estimated value of this contemplated contract is with an estimated award date of August 2021.

Previous Contract Number: FA8119-16-D-0014 Award Date: 11 Aug 2016 Estimated Completion Date: 10 August 2021 Basis of Award: Competitive

III. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY

NEEDS

This is a services contract. Under the contemplated contract, Cobham will provide the following repair services of the KC-135 Multi-Point Refueling System Fuel Pump:

Contract Summary

Estimated Dates Estimated Dollars Basic Aug 2021 – Jul 2024

Option I Aug 2024 – Jul 2025 Option II Aug 2025 – Jul 2026

6 Month Extension Aug 2026 – Feb 2027 Total Contract Aug 2021 – Feb 2027

Maximum Contract Value: $4,614,544.35

PR line item 0001 Repair of NSN: 2915-99-909-5850

P/N: FRS689803

Noun: Fuel Pump Application: KC-135 Item Function: The fuel pump is fitted on the front bulkhead of the refueling pod. It is driven by the ram air turbine, which is mounted on the front end of the drive shaft. It delivers fuel by means of a centrifugal impeller.

Type of appropriation: 97X4930

Total Estimated Dollars for PR Line Item 0001:

PR line item 0002 Over and Above:

To be negotiated (TBN) Type of appropriation: 97X4930 Total estimated dollars for PR line item 0002:

PR line item 0003 Data: Not separately priced (NSP) Type of appropriation: Not Applicable Total Estimated Dollars for PR Line Item 0003:

Year Qty Unit Price Estimated Dollars

Estimated Period of Performance

Basic 42 ea Aug 2021 – Jul 2024 Option I 14 ea Aug 2024 – Jul 2025 Option II 14 ea Aug 2025 – Jul 2026 6 Month Extension

7 ea Aug 2026 – Feb 2027

Year Qty Estimated Dollars

Estimated Period of Performance

Basic 1 EA Aug 2021 – Jul 2024 Option I 1 EA Aug 2024 – Jul 2025 Option II 1 EA Aug 2025 – Jul 2026 6 Month Extension

1 EA Aug 2026 – Feb 2027

Due to the circumstances described below in Sections V, IX, and XI there are no immediate actions that could be taken to develop competition. Therefore, it is considered appropriate to seek approval for more than one fiscal year. If other qualified or approved sources become known during the life of this contract, full and open competition will be considered and utilized to the maximum extent practicable.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii).

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 contemplated follow-on contract will be for the continued highly specialized repair service of the KC-135 Fuel Pump, NSN: 2915-99-909-5850. The fuel pump is part of the Multi-Point Refueling System (MPRS) and is fitted on the front bulkhead of the refueling pod.

The contemplated contract is sole source as the data needed to acquire these parts competitively is not physically available; it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation.

Eaton (CAGE: K2523), formerly FR-Hitemp, is the The Original Equipment Manufacturer (OEM) for the fuel pump. Cobham (CAGE: U1918) is the OEM for the refueling pod; the fuel pump is a subcomponent of refueling pod. Cobham has historically been the source of repair, reverting back to when they owned FR-HiTemp. In 2005, Cobham sold FR-HiTemp to Eaton. Cobham, DBA Flight Refueling Ltd., has been the Original Equipment Manufacturer (OEM) and is the only known contractor that has the data and internal infrastructure necessary to perform this highly specialized repair service sufficiently to meet the Government’s needs. This service is highly specialized because the items associated are KC-135 unique. Therefore, this acquisition will be a follow-on contract for the continued highly specialized repair service of the KC-135 fuel pumps.

The most recent attempts to acquire technical data from Cobham occurred on February 26, 2019 and again on June 8, 2020 when the 424th Engineer sent Cobham an email requesting the current status of the sale/licensing of proprietary data to the Government. Both times Cobham declined and stated it would not be in their best interest to sell data rights at this time, nor will they allow for any third-party licensing agreement(s) with other contractors.

The 424 SCMS believes that award to any other source would result in unacceptable delays in fulfilling the Air Force’s requirement. At present no additional sources have come forward with a source of approval request attempting to qualify in accordance with the 848th Repair/Remanufacture Qualification Requirements For Commodity Critical Safety And Critical Application Items, which covers this fuel pump, and have been posted on FedBizOPs and beta.sam.gov since 22 June 2017. Qualification processing time is approximately six months, however, with no additional sources seeking approval the amount of time to have additional sources becomes indefinite. As a result, delaying this acquisition would result in non-mission capable refueling pods preventing critical KC-135 aerial refueling operations.

Accordingly, Cobham is the only firm capable of providing the services described in section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE

A Sources Sought Synopsis (SSS) was posted to Federal Business Opportunities (FedBizOpps), and can now be found out www.beta.sam.gov under solicitation number FD20302100002, 24 September 2019, with a closing date of 31 October 2019, in an effort to solicit interested sources. Only one vendor (Merrill Corp.) indicated interest in the acquisition, however no SAR packages were submitted. If other qualified or approved sources become known prior to or during the life of this contract, full and open competition will be considered and utilized to the maximum extent practicable. Government defined pre-award qualification requirements (QRs) of potential sources apply to these items, although potential sources will be required to obtain the necessary data independently or otherwise provide proof demonstrating capability via the SAR process. To date, no SAR packages have been submitted by any interested vendors. All SAR package submissions submitted prior to contract award will be evaluated in a timely manner to ensure the highest level of competition possible. The QRs were synopsized on FedBizOpps 22 June 2017 and can now be found at beta.sam.gov by searching for the keyword “RQR-848”.

This requirement will be synopsized in http://www.beta.sam.gov as a notice of proposed contract action IAW FAR 5.201 on or about 15 November 2020.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. IAW FAR 15.403-3(a)(1)(i) the contractor may be required to provide other than cost or pricing data, to include historical pricing. A detailed cost analysis and price analysis will be performed as required. The Contracting Officer will request a technical evaluation from the engineer.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH

WAS NOT CONDUCTED

In accordance with FAR 10.002(b)(2), market research was conducted by the multi-functional team consisting of the Logistics Management Specialist, Engineer, Production Management Specialist, and Procuring Contracting Officer. Internet websites and databases (including Google.com, Thomas Register, Haystack, FedBizOpps, Dynamic Small Business Search (DSBS) SAM, and FPDS) were queried for potential sources based on like aircraft and like services; no information was found. The conducted research consisted of internet searches by the part number, contacting known source of product or service, and a Sources Sought Synopsis posting.

The market research, which began on 23 September 2019 and concluded on 15 November 2019, revealed there is no equivalent commercial services within the current marketplace outside of the OEM. There are no applicable industry standards, regulations, trade journals, or process guides that apply to the repair of these items. One company, Merrill Corp, responded to the SSS as an interested vendor for this acquisition, however, at this time, has not submitted a SAR package. Market research also allowed the Government team to identify the same sole source market condition that has existed since these parts originally were manufactured by the OEM.

Based on the Market Research, Cobham was found to be the only known source available to fulfill the requirement described in Section III.

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

AND OPEN COMPETITION

No further information.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

Flight Refueling Ltd DBA CAGE: U1918 Cobham Mission Systems Brook Rd.

Wimborne, Dorset United Kingdom BH21-2BJ

Eaton CAGE K2523 Abbey Park, Southampton Road Titchfield, Fareham United Kingdom PO14 4QA

Merrill Corp CAGE: 0JXZ1 PO Box 511283 Salt Lake City, Utah 84151 Phone: 801-773-7900

See section VI for more detail.

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE

TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION

BEFORE MAKING SUBSEQUENT ACQUISTIONS FOR THE SUPPLIES

OR SERVICES REQUIRED

As a result of continued refusal by the Sole Source contractor to provide or license data as well as unacceptable delay of developing additional sources per Sections V and IX, there are no known additional actions which can be taken to remove barriers to competition and therefore, specific actions and milestones cannot be established.

XII. CERTIFICATION BY THE CONTRACTING OFFICER

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. CERTIFICATION BY THE TECHNICAL/REQUIREMENTS PERSONNEL

By their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified as accurate and complete all supporting data, which is their responsibility, contained herein IAW FAR 6.303-2(c).

COORDINATION AND APPROVAL DOCUMENT

Is this a new or amended J&A Document? New Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? �

Funding level for this acquisition:

Contracting Activity: AFSC/PZA Purchase Request/ Local ID Number: FD2030-21-00002

Program/ Project: Overhaul of KC-135 Fuel Pumps Program Type: Enterprise Authority: 10 U.S.C. 2304 (c)(l), as implemented by FAR 6.302-1 (a)(2)(iii) Estimated Contract Cost (including options):

J&A Type: Individual

COORDINATION

9/16/2020

Ronald A. Hobbs Competition Advocate 405-739-5329