FD20201900925REDACTED.pdf

FD2020-19-00925-01

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 Hydro-Aire. As per the 417 SCMS/GUEA Engineer the E-3 Circuit Card Assembly is unique to the E-3. It is designed and certified to Air Force Drawing 42-07332. Per this drawing/ specification, the circuit card was tested and certified to perform per the E-3 design requirements, which includes failure, fatigue, stress, and corrosion analysis.

B. The Air Force does not control the design, nor does the government possess the data or the rights to the data required to manufacture the Circuit Card Assembly by any other contract other than by Hydro-Aire. The proprietary data owned by Hydro-Aire, available to the Air Force is a top-level drawing only, which cannot be used for the design or manufacture of the Circuit Card. Hydro -Aire is the only firm capable of providing the requirement for the supplies described in Section III above, without the government experiencing substantial duplication of costs that could not be expected to be recovered through competition. Reverse engineering costs are estimated at .

C. On 22 May 2019 a data rights request was sent to Hydro-Aire, Cage Code 81982, to provide a no-cost itemized ROM for the data required to produce the wheel card, which included the sell/license of unlimited license rights, government purpose rights, form, fit and function rights, and operations, maintenance, and installation data (OMID). On 22 May 2019 a response to the data rights request was received. Hydro-Aire responded stating they are not willing to sell/license the data rights because this asset was developed with their funds and the core technology is utilized on other brake system components in their product line.

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 23 May 2019. The RFI/SSS closed on 06 June 2019 and no response from industry was received by the contracting office.

B. This requirement will be synopsized in FedBizOpps.gov, 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 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/GUMA Integrated Product Team conducted market research that yielded the following results:

1 June 2019, a review of the procurement history for this item. The NSN identified Hydro - Aire, Cage Code 81982, as being the only manufacturer utilized in the procurement of this item.

2 June 2019, the Governments Purchase Request Process System (PRPS) was also searched using the item NSN, in which the results showed only approved source as Hydro-Aire, Cage Code 81982. Additionally, the 761 AMN/AMSC Screening Analysis Worksheet only indicated Hydro-Aire as a source. The search did not yield any additional approved sources.

3 June 2019, a search and review of the below internet sites was accomplished in which no additional sources were identified.

o Google (http://www.google.com) o ThomasNet (http://www.thomasnet.com) o IHS Haystacks (http://login.ihserc.com/cgi-bin/ihslogin)

4 Contacted knowledgeable individuals in Government regarding market capabilities to meet requirements. The USAF IPT consisting of the C-5 Program Manager (Christopher Jones), Item Manager (Tawny Gallegos), and system Engineer (Christian Potts), through market research and years of combined professional knowledge of the C- 5 weapon system, have concluded with a high level of confidence that there are no additional sources capable of meeting the government’s needs.

C. 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 or modified to meet the needs of the government.

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

OPEN COMPETITION:

On 22 May 2019 a data rights request was sent to Hydro -Aire, Cage Code 81982, to provide a no-cost itemized ROM for the data required to produce the circuit card, which included the sell/license of unlimited license rights, government purpose rights, form, fit and function rights, and operations, maintenance, and installation data (OMID). On 22 May 2019 a response to the data rights request was received. Hydro-Aire responded they are not willing to sell/license the data rights because this asset was developed with their funds and the core technology is utilized on other brake system components in their product line.

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:

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)).