SPRBL1-20-D-0043_Redacted 036.pdf

5. Reason for Authority Cited

The parts are solely manufactured by General Dynamics Mission Systems (GDMS), CAGE 67032 and 0P0N7. GDMS owns the design rights, drawings, specifications, software, and patents on its products. The Government only possesses maintenance manuals, part lists, NSN dimensional data (size and weight), and very limited functional data. The Government does not own or have permission to use any top-level drawings or more detailed drawings for the NSNs.

When GDMS designed the WIN-T program concept, these items were specified to be interoperable with the WIN-T INC2 system and overall WIN-T program. GDMS is the developer and configuration manager for the WIN-T program, of which the WIN-T INC2 system is one of four segments. GDMS also developed and integrated all of the components into the WIN-T INC2 system. On June 8, 2017, the Army Technical Expert contacted GDMS and asked if it was willing to sell the WIN-T technical data packages (TDPs) to the Government. On June 30, 2017, GDMS responded that it would not sell the TDPs.

The Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) for these NSNs (Attachment 1) are 3D, 3R and 5Q. The Item Manager submitted items with an AMC/AMSC of 5Q to provisioning for re-assignment to an AMC/AMSC code of 3D. The Contracting Officer anticipates completion of the AMC/AMSC re-assignment prior to contract award; however, the contracting officer will proceed with award if the code has not been changed as the Army is currently working on updating the AMC/AMSC. The AMC assigned value of “5” means the part is to be acquired directly from a sole source contractor which is not the actual manufacturer. The AMSC assigned value of “Q” means the Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The AMC assigned value “3” means that the part is to be acquired, for the second or subsequent time, directly from the manufacturer. The AMSC assigned value of “D” means that the data needed to acquire this part 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. The AMSC assigned value of “R” means the Government does not own the data or the rights to the data needed to purchase this part from additional sources, and it has been determined to be uneconomical to buy the data or reverse-engineer the part.

On July 30, 2018, the Contracting Officer generated a query in Haystack, which compiles data from the Federal depository of information on supply items, WebFLIS. The Contracting Officer reviewed all NSNs to ensure that GDMS was the only approved supplier, indicated by a Reference Number Category Code (RNCC)/Reference Number Variation Code (RNVC) of 3/2 or 5/2 along with the CAGE code for GDMS (67302 or 0P0N7). WebFLIS assigned GDMS a RNCC/RNVC of 3/2 for all items in this subject acquisition.

RNCC 3: Design Control Reference. The primary number used to identify an item of production or a range of items of production, by the manufacturer (individual, company, firm, corporation, or Government activity) which controls the design, characteristics, and cost or pricing data is not required; however, data other than certified cost and pricing data will be obtained as needed to support a fair and reasonable price determination.

8. Market Research

The cognizant Engineer from the U.S. Army Communications and Electronics Command (CECOM) posted a Sources Sought Announcement (SSA) to FedBizOpps on November 17, 2017, with a response date of December 4, 2017. The SSA listed 126 NSNs, and discussed the requirement for both new procurement and remanufacture of the items, along with obsolescence monitoring and resolution. Two responses were received on December 4, 2017, expressing interest in the requirement:

1) Datapath, Inc.: , Vice President of Sales, 2205 Northmont Parkway, Suite 100, Duluth, GA 30096.

2) General Dynamics Mission Systems, Inc.: , Director of Contracts, 400 John Quincy Adams Road, Taunton, MA 02780.

Since that time, the requirement has evolved into two groups of requirements: The subject acquisition, which includes 77 NSNs manufactured solely by GDMS, and several other separate acquisitions for NSNs manufactured by Datapath, Inc., companies other than GDMS or in addition to GDMS. On July 9, 2018, the Contracting Officer requested commerciality support regarding the WIN-T INC 2 system as a whole, from of GDMS. These items were determined commercial on March 4, 2019.

On September 13, 2018, DLA Land Aberdeen posted a SSA including the 77 NSNs, with a closing date of September 17, 2018. The Contracting Officer notified of GDMS via email of the SSA as well, but no response was received by the response date.

Datapath Inc. did not respond to the September 13, 2018 sources sought announcement, and while they manufacture several components of WIN-T INC2, there is no history or indication of the company manufacturing any parts on this acquisition.

As a result of market research, it was established that the 77 items will be solicited via solicitation SPRBL1-20-R-0007.

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