FD20201701784_Redacted.pdf

FD2020-17-01784

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

10 USC 2304 (c) (1) as implemented by FAR 6.302-1

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. Transdigm holds proprietary rights for this item and is the only contractor with the rights to use the data to manufacture this item for the government's use. This item has not been sold as a commercial, non-government product. There are similar items throughout the aerospace industry that are being producing or have been produced in the past for the commercial marketplace; however none of these items will meet the government’s need. The Governor, Pump Press is only used on the F-15, and cannot be made from minor modifications on existing models in the marketplace. Small business opportunities exist if they can reverse engineer the Governor, Pump Press. If they did reverse engineer the Governor, Pump Press, they would then own their own data package and could be qualified as a source of supply. Since the government does not own the data, they would have to perform this at their own expense. FMS countries are not willing to absorb the reverse engineering cost.

B. The 419th contacted Jennifer Clark at Transdigm on 28 March 2018 regarding Transdigm’s willingness to sell/license the data to the government to use for a competitive procurement.

Transdigm did not respond to the request and their failure to respond is interpreted as indicating Transdigm is unwilling to sell/license the data to the government.

C . The 419 SCMS/GUEA Engineer believes that award to any other source would result in substantial duplication of costs to the Government that is not expected to be recovered through competition as well as delay the expected delivery date. The cost to reverse engineer this part is estimated at . It would take about 28 years to break even.

VI. DESCRIPTION O R EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. Sources Sought Synopsis: A request for information and sources sought synopsis was issued 29 August 2017 and closed 12 September 2017, advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received from industry.

B. This requirement has been 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, will be conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. There were no interested sources.

B. Contacted knowledgeable individuals in Government regarding market capabilities to meet the requirement. The USAF IPT consisting of the F-15 Program Manager, Item Manager, and system Engineer, through market research and years of combined professional knowledge of the Governor, Pump, have concluded with a high level of confidence that there are no additional sources capable of meeting the government’s needs.

C. Market Research conducted included searching electronic databases; Thomas Net, and Google.

All websites were searched using part# 3 6 6 8 7 0 - 9 and the NSN 4 3 2 0 - 0 1 - 1 8 9 - 1 4 0 9 Y P . This internet search was conducted August 2017 and did not yield any additional sources of supply.

D. August 2017, review of procurement history for this NSN identified Transdigm, Inc., Cage 81833, as being the only manufacture utilized for procurement of this item.

E. August 2017, the Government’s Purchase Request Process System (PRPS) was also searched using the item’s NSN, in which the results showed the only approved source as Transdigm Inc.

Additionally the USAF Form 761 screening analysis worksheet was reviewed for discrepancies and none were found. The only approved source identified for this item is Transdigm Inc.

F. Based on the market research conducted, there is a high level of confidence that there a re 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 of the government.

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

OPEN COMPETITION:

The 419th contacted Jennifer Clark at Transdigm on 28 March 2018 regarding Transdigm’s willingness to sell/license the data to the government to use for a competitive procurement.

Transdigm did not respond to the request and their failure to respond is interpreted as indicating Transdigm is unwilling to sell/license the data to the government.

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 O F F I C E R ’ 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(a){l 2)).

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(b)).