FD2020180496_Redacted.pdf

FD2020-18-00496

B. Contract Type & Structure: A supply contract to procure a total quantity of 189 each with an anticipated Firm-Fixed-Pricing arrangement will be issued. The estimated award date is 1 April 2017.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED MEETING THE

AGENCY’S NEEDS:

A. The requirement is to procure 189 each, C-130 Ball Screw Assemblies, NSN 1620-01-263- 6733 from CEF through their authorized dealer Aero Precision /Part Number 8430M4, or Beaver Aerospace & Defense Inc. Part Number BA22750, replacement spares at an estimated unit cost of each. The C-130 ball screw assembly cited herein is a component of a system used for retraction and extension of the main landing gear of a cargo aircraft. The ball screw assembly is of the recirculating ball type.

B. Total estimated cost is: . 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.

Item: Ball Screw Assembly

NSN: 1620-01-263-6733

Qty: 189 each Unit Price: each Total Estimated Price:

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 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 the requirement is for manufacture of a highly specialized component whose design is currently limited to CEF Industries, or Beaver Aerospace and Defense Inc. Aero Precision is CEF's authorized distributor. Per the 417 SCMS/GUEA Engineer, the C-130 Ball Screw Assemblies are considered highly specialized because the geometry, materials and processing requirements have been optimized as part of the of the landing gear system. If the wrong materials, processes, and geometry are used for the Ball Screw Assembly, it could be either ineffective, unreliable or both. Therefore, this acquisition is for production of highly specialized components.

B. The Air Force does not control the design or the data, which would include: unlimited licenses rights, Government Purpose rights, Form, Fit and Function rights, and Operations Maintenance, and Installation Data (OMID) required to manufacture the C-130 Ball Screw Assembly. CEF is the Ball Screw Original Equipment Manufacturer (OEM) with design control, authorization, and documentation to manufacture the C-130 Ball Screw Assembly, and Beaver has qualified an equivalent Ball Screw assembly which they developed through reverse engineering at their own expense. The last attempt to obtain data was on 21 November 2017. Ms. Deb Dimiceli, (an industry representative) Contracts Administrator and Repair Administrator for CEF Industries, LLC, 320 S. Church Street Addison, Illinois, 60101, Phone number email: . CEF replied on the same day and declined to provide or sell the government the above necessary data.

Beaver was contacted on 21 November 2017 by email and voice mail to Mr. Chris Cornelius, (an industry representative) Business Developer, Beaver Aerospace and Defense Inc., 11850 Mayfield, Livonia, Michigan, 48150, Phone number email

. ; multiple attempts were made but no response was received. Beaver’s failure to respond is interpreted as indicating their unwillingness to sell the data to the government.

C. The 417 SCMS/GUEA Engineer has determined that reverse engineering costs are estimated to exceed for NSN 1620-01-263-6733/ CEF and Aero Precision Part Number 8430M4/ Beaver Aerospace & Defense Inc.Part Number BA22750. Based on this cost it would take over 40 years to break even. These parameters are limited to the Original Equipment Manufacturer (OEM) with the designs, data, and drawings created at CEF's own expense, or the equivilant designs, data and drawings developed by Beaver at their own expense. Since the data required to manufacture the C-130 Ball Screw is limited to CEF and Beaver, interested vendors would have to be willing to invest the time, funding, and manpower required to reverse engineer the entire C-130 Ball Screw package at their own expense.

D. Accordingly, CEF, via its distributor Aero Precision, or Beaver Aerospace and Defense Inc.

are the only firms capable of providing the supplies described in Section III above, without the Government experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. Based on the preceding information, the AMC/AMCS code assigned to this NSN is 2/R.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. A combined Request for Information and Sources Sought Synopsis (RFI/SSS) was posted to FedBizOpps.gov on 13 December 2017 and closed on 27 December 2017. The contracting office was not notified of any interest from industry.

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: 417th SCMS engineers regularly pursue discourse with industry manufacturers who may be interested in reverse engineering, or redesigning the C-130 Ball Screw in an effort to expand the manufacturing base. Furthermore, the 417th SCMS IPTs regularly inquire approved manufacturers as to the possibility of sharing or selling data rights to proprietary technology, designs, or processes utilized in military aircraft landing gear manufacturing.

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 cost and pricing data IAW FAR Subpart 15.403. 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 a Sources Sought Synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. There were no interested sources.

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

1 January 2017, a search conducted on the Thomas Net (http://www.thomasnet.com), an internet site from the Thomas Registry with NSN 1620-01-263-6733 CEF and Aero Precision /Part Number 8430M4/ Beaver Aerospace & Defense Inc. Part Number BA22750 resulted in zero results in the product, company name, brand name, Computer Aided Design (CAD) drawings and industrial web directories. In addition, Google.com, PRPS, and Haystack Gold were searched but failed to yield any additional sources of supply.

2 January 2017, a review of commercial catalogs and other product literature was completed. The review indicated no other alternate commercial item or non-developmental item (NDI) will meet the requirement, nor can the requirement be modified to permit use of existing commercial items or NDIs.

3. Contacted knowledgeable individuals in the government and industry regarding market capabilities.

USAF C-130 Program Manager, Aileen White, and USAF C-130 Engineer Brad Lundell, concluded no additionall sources of supply are available based on many years of combined professional experience working on the C-130 program. Through previous conversations with Deb Dimiceli at CEF Industries, and Chris Cornelius at Beaver Aerospace, and through performing additional market research via internet database searches as noted above, it is concluded that the C-130 ball screw is not procurable from any source, other than CEF Industries, via Aero Precision, or Beaver Aerospace.

C. The 761 screening action for NSN 1620-01-263-6733 CEF and Aero Precision Part Number 8430M4 and Beaver Aerospace & Defense Inc. Part Number BA22750, was reviewed for consistency and reasoning. No discrepancies were found and only Beaver Aerospace & Defense Inc., CEF and its distributor Aero Precision were identified as approved sources.

D. Based on the market research conducted, there is 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 nondevelopmental items which could be utilized to meet needs or which could be modified to meet the needs.

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

OPEN COMPETITION:

The 417 SCMS/GUMC team contacted Ms. Deb Dimiceli at CEF on 21 November 2017 regarding their willingness to sell the data rights for NSN 1620-01-263-6733, P/N 8430M4. CEF responded on the same day and declined to provide or sell their proprietary data rights to the government. CEF owns technical data sufficient to manufacture the parts and is unwilling to sell or give permissions to the government.

The 417 SCMS/GUMC team also contacted Mr. Chris Cornelius at Beaver Aerospace & Defense Inc. on 21 November 2017 via email and telephone messages regarding their willingness to sell the data rights for NSN 1620-01-263-6733. Beaver did not respond to the request. Beaver’s failure to respond is interpreted as indicating their unwillingness to sell the data to the government.

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

AQUISITION:

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:

The Air Force regularly inquires the manufacturers in regards to sharing or selling the proprietary data rights for use in free and open solicitations. Furthermore, the Air Force regularly performs analasys to determine the feasibility and cost effectiveness of reverse engineering the proprietary technology.

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)).