Redacted_J&A.pdf

FD20201801109

NSN NOUN QUANTITY UNIT PRICE TOTAL PRICE

5895-01-530-1058BS Control, Receiver 30 EA

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 working capital funds.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One or a Limited Number of Responsible Sources and No Other Type of Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE

USE OF THE AUTHORITY CITED ABOVE

A. The AMC/AMSC code for this requirement is 3H. The above authority was selected because the requirement is for manufacture of a highly specialized component whose design is currently limited to General Dynamics Inc. and Cobham AES. As per the 415 SCMS/GUMAA Engineer, the Receiver Control is unique to the Global Broadcast Service program and associated weapons systems as described in section

II.

B. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. The last attempt to obtain the data was on 20 April 2018. The 415th IPT contacted Leon Jenkins at General Dynamics requesting their willingness to sell or license of the manufacturing data to the government for the purpose of competitive procurement. General Dynamics has not responded to the 415 SCMS inquiry and their failure to respond is interpreted as their unwillingness to sell or license the data to the government.

C. The government did not submit a request for data rights to Cobham AES because Cobham AES does not own the manufacturing data. Cobham AES is capable of manufacturing the receiver control through a data rights agreement between them and the OEM, General Dynamics.

D. The government did not submit a request for data rights to Atlantic Microwave Corporation because Atlantic Microwave Corporation was purchased by Cobham AES and is no longer an operating entity. Atlantic Microwave Corporation (AMC) and their Cage Code, 28916, are no longer registered in the government System for

Award Management (SAM). A screening action to remove AMC from the approved sources list has been initiated.

E. General Dynamics or Cobham AES 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 is not considered economical as the government would incur substantial duplication costs in the amount of that is not expected to be recovered through competitive procurement.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED

PRACTICABLE

A. A combined Request for Information/Sources Sought Synopsis (RFI/SSS) document was posted to the Federal Business Opportunities website at www.fbo.gov advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 26 April 2018 and closed 11 May 2018. No responses to the RFI/SSS were received.

B. Other actions: 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. 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 THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR STATEMENT OF THE REASONS MARKET RESEARCH WAS

NOT CONDUCTED

A. As described in Section VI above, market research, IAW FAR Part 10, was conducted by posting a combined Request for Information/Sources Sought Synopsis document to Federal Business Opportunities, advising industry of the pending acquisition and soliciting inquiries from interested parties. In addition, the 415 SCMS/GUMAA Integrated Product Team conducted market research that yielded the following results:

B. May 2018, a search and review of the below internet sites was accomplished in which no additional sources were identified.

a. Google (http://www.google.com)

b. ThomasNet (http://www.thomasnet.com)

c. ILSmart (http://www.ilsmart.com)

C. Contacted knowledgeable individuals in the Government regarding market capabilities to meet requirements. The USAF IPT, consisting of the Global Broadcast Service Program Manager, Item Manager, and system Engineer, through market research and years of combined professional knowledge of the weapon system, have concluded with a high level of confidence that there are no additional sources capable of meeting the government’s needs.

D. May 2018, conducted a review of the procurement history for this item. The NSN identified General Dynamics, Cage Code 67032, and Cobham AES, Cage Code 93346, as being the only suppliers utilized for the manufacture or repair of this item.

E. May 2018, the government’s Purchase Request Process System (PRPS) was also searched using the item NSN, in which the results showed only approved source as Cobham AES (93346), and General Dynamics Inc. (67032).

F. 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

See Section V above.

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

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 analysis 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(a)(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)).