FD20201300882_Redacted.pdf

FD2020-13-00882

25 July 2013

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY:

Defense Logistics Agency DLA Aviation Ogden 6051 Gum Lane, Bldg 1225 Hill AFB UT 84056-5826 Contracting Officer: Debbie Allred Phone Number: 777-6603 PR Number: FD2020-13-00882

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 new contract to procure Aircraft Wheel Assemblies used on the E-3 Aircraft Landing Gear, for FMS customer NATO; to Meggitt Aircraft Braking Systems Corp., DBA MABS, 1204 Massillon Road, Akron, OH 44306, Cage Code 0B9R9.

B. Contract Type & Structure: A spares contract to procure 10 each Aircraft Wheel Assemblies with an anticipated Firm-Fixed-Pricing arrangement will be issued. The estimated delivery date is March 31, 2014 with the period of performance from November 01, 2013 – March 31, 2014.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED MEETING THE

AGENCY’S NEEDS:

A. The purpose of this effort is to procure 10 each Aircraft Wheel Assemblies for the E-3 Inboard Main Landing Gear Wheel Assembly. It’s purpose is to support the aircraft while landing, ground maneuvering, and take-off. The NSN is 1630-01-242-7810, part number

9542016BLP.

B. Total estimated cost is: This estimate is based on a quote received from Meggit. This action will use appropriated funds 47SH to meet FMS requirements.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

10 USC 2304 (c) (1) as implemented by FAR 6.302-1 -- Only One or a Limited Number of Responsible 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 the rights to the data needed to procure this part from other than the current source listed on the AFMC Form 761. Meggitt Aircraft Braking Systems Corporation bought the data from Goodyear Corporation and they retained their proprietary rights to the data and are not willing to remove the rights to the data. In accordance with this proprietary rights agreement, the Government cannot legally compete this item for additional sources. The USAF owns reference drawings for engineering configuration only. Manufacturing drawings and assembly configuration drawings are not in USAF possession.

B. Goodyear Tire and Rubber Company is on the AFMC Form 761 with a source type code of N due to being owned by MABS; they are not a supplier, they are the design control activity, therefore, MABS is the only supplier for this part.

C. The last attempt to obtain data rights needed for full and open competition was 25 July 2013 by Jaylene Nelson, 430 SCMS/GUID. The company declined.

D. The FMS country acquiring these items is not interested in nor will they fund reengineering efforts by a different vendor.

E. Accordingly, MABS is the only firm capable of providing the supplies described in Section III above. Therefore, competition for this acquisition is limited and an acquisition method code of 3R has been assigned.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. Sources Sought Synopsis: A sources sought synopsis has not been issued for this effort.

B. This requirement will be synopsized in FedBizOpps, 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, when required. 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:

A. As described in Section VI above, 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.

B. Additionally, a search of ThomasNet, an internet database outgrowth of the Thomas Registry, was accomplished on 22 July 2013 by the Engineer, Jeffrey Naylor, 417 SCMS/GUEA, to evaluate if alternative sources exist for buying of these items and none were found. Also, Haystack was searched and it provided only once source, Meggitt Aircraft Braking Systems Corp., Cage Code 0B9R9.

C. As a result of the market research conducted, the Integrated Product Team (IPT) is highly confident that no other qualified sources exist. The Engineer has deemed this part non-commercial and no commercial items, services, or non-developmental items are available.

The requirements cannot be modified to permit the use of existing commercial items and/or services or NDI’s. The IPT consists of John McComb, E-3 Landing Gear Systems Program Manager; Jeffrey Naylor, E-3 Landing Gear Systems Engineer; Mike Manore, E-3 Landing Gear Systems Equipment Specialist; Gail Bare, E-3 Landing Gear Systems Item Manager.

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

OPEN COMPETITION:

None

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:

None

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)).