J_A_SPRHA115R00348_Redacted.pdf

FD2020-15-00348

10 Nov 2014

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 84056-5825 Contracting Officer: Rocky Tello Phone Number:

PR Number: FD2020-15-00348

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

A. Upon approval to use other than full and open competition procedures, DLA Aviation will issue a new contract to procure C-5 Brake Hydraulic Assembly spares. This requirement is for support of the C-5 Landing Gear Sustainment Program and will be used by the Air Force C-5 weapon system. Contract will be awarded to:

Triumph Gear Systems Inc.

DBA Triumph Gear Systems Park City 6125 Silver Creek Dr.

Park City, Ut 84098-6242 Cage: 82402

B. Contract Type & Structure: A spares contract to procure 30 each Brake Hydraulic

Assemblies with an anticipated Firm-Fixed-Price arrangement will be issued. The estimated award date is 1 April 2015 with performance and delivery expected through 1 November 2016.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED MEETING THE

AGENCY’S NEEDS:

A. The requirement is to procure a total of 30 each C-5 Brake Hydraulic Assemblies, NSN

1620-00-122-0474, Part Number 42252E220 replacement spares at an estimated unit price of each. The Brake Hydraulic Assembly locks movement in the kneeling gearbox, preventing the kneeling drive assembly from rotating when kneeling is not activated. Failure of the brake assembly would release the kneeling drive assembly, and the high pressure nitrogen in the strut would cause the gear to suddenly assume a full knelt position.

FY NSN Name Est. Qty Price/Unit Ext. Price 15 1620-00-122-0474 Hydraulic Brake Assy 30

B. Total estimated cost . This estimate is based on USAF mission requirements as computed by the D200 requirements Determination System. This action will use 4930 FC04 working capital funds.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

10 USC 2304 (c) (1) as implemented by FAR 6.302-1 - Only One Responsible Source 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 this contract is for the manufacture of the C-5

Brake Hydraulic Assembly whose design is currently owned by Triumph Gear Systems. As per the 417 SCMS/GUMC Equipment Specialist and the 417 SCMS/GUEA Engineer, the design of the C-5 Brake Hydraulic is specifically manufactured for the C-5 aircraft’s unique kneeling system, with the drawings and data created at Triumph Gear Systems own expense.

As a result the government does not own the data or rights needed to procure the item from additional sources.

B. The 417 SCMS/GUEA Engineer has determined that reverse engineering costs to develop a qualification package and encourage competition are estimated to exceed $10,232,150.80 and would take over 691.67 years to break even.

C. On 25 November 2014 the C-5 program manager contacted the vendor regarding whether they would be interested in selling any of the data or data rights to manufacture the item and the response was negative.

D. Accordingly, Triumph Systems Gear is the only firm capable of providing the supplies and services described in Section III above without the government experiencing substantial duplication of cost that could not be expected to be recovered through competition.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. A sources sought synopsis was issued 11/18/2014, # TBD1620002420474, requesting potential source interest, closing date 2 December 2014. This effort did not yield any additional sources as no responses were received by the contracting officer.

B. This requirement will be synopsized in FedBizOpps, as a notice of proposed contract action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other actions, 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. In addition, 417 SCMS/GUMC Integrated Product Team that yielded the following results.

B. In addition, 417 SCMS/GUMC Integrated Product Team conducted market that yielded the following results:

a. On 1 December 2014 a search conducted on ThomasNet, an internet site registry, with the NSN and Part Number listed in section III above resulted in zero results in the product/services, company name and brand name directories.

b. On 1 December 2014, a surplus search conducted on www.ilsmart.com for the NSN and Part Number listed in Section III above resulted in multiple vendors with one each available.

c. On 1 December 2014, a review of commercial catalogs and other product literature was completed. The review indicated on other alternate commercial item, service, or non-developmental item (NDI), see FAR Part, will neither meet the requirement, nor can the requirement be modified to permit use of existing commercial items, services or NDIs.

C. Based on the 417 SCMS/GUMC IPT market research results indicate with a high level of confidence, that there are no additional sources capable of satisfying the agency’s need for this proprietary item nor are there any other commercial or non-developmental items available that could be modified to satisfy the agency’s needs.

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)).