J&A_1801161.pdf

FD20201801161

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 Sources 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 THE AUTHORITY

CITED ABOVE

The AMC/AMSC code for this requirement is 1/B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Approved sources include Raytheon Company and Harris Corporation.

The Government will consider additional sources to be added to the source control drawing. For this purpose, a Source Qualification Statement will be attached to the solicitation. Sources wishing to become qualified must follow the instructions therein. The government does not own the manufacturing data. A source control drawing is available and is considered adequate for qualification of a new source but is not considered adequate for manufacture.

An attempt to obtain data rights was made by the government on 15 May 2018 to Harris Corporation. Javid Quilizada, Contracts Manager, responded and declined the government’s request, stating the selling of the data rights and license rights is competitive sensitive, proprietary, confidential, and not consistent with Harris strategy.

An attempt to obtain data rights was also made to Raytheon Corporation in the solicitation of FD2020-14-00229. Raytheon refused to support this effort and also refused to sell/license the manufacturing data to the government. This resulted in the Complete Re-design of this item at risk by Harris Corporation, Cage 50311 (Formerly ITT). As stated above Harris refuses to sell data rights and it is known Raytheon is not the owner of this new design.

Reverse Engineering is not in the interest of the government as this effort has already been accomplished in the execution of contract FD2020-14-00229 Harris Corporation, Cage 50311

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 and Sources Sought Synopsis was posted on 15 March 2018 and closed on 30 March 2018. No response to RFI was received. If other sources express interest as a result of this synopsis or other action, they will be listed in the official contract file.

B. The SQS will be made available to all potential sources who express interest in becoming a qualified source, consideration will be given to those sources provided they become qualified IAW the applicable SQS as determined by the systems engineer prior to contract award.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The cost of this acquisition will be fair and reasonable. Actions anticipated to ensure reasonableness of the price will be accomplished with 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, as appropriate.

Further actions 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. This is a competitive, restricted source acquisition, with a limited number of approved sources. DLA will obtain certified cost and pricing data IAW FAR Subpart 15.403 as applicable if adequate price competition does not exist. Detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations or discussions.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market research, IAW FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. No interest was received from industry.

Additional market research was conducted by the engineering group:

July 2018 - Contacted knowledgeable people within the government consisting of the MILSTAR Systems Program Manager William Leonhardt and Systems Engineer, Loc Le. Through years on combined professional knowledge of the program, it is concluded with a high level of confidence there are no additional sources currently available to procure this item.

July 2018 - Contacted knowledgeable people in industry from the companies as outlined in the full market research report regarding industry manufacturing capabilities for this item. No additional sources of supply were discovered.

July 2018 - An internet search was conducted using the database Haystack and JEDMICS. The search did not yield any addition sources of supply.

DMSMS Analysis and Resolution database has been used and found nothing in the AVCOM system

Based on the market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the agency’s need nor are there any other commercial or non-developmental items which could be utilized or which could be modified to meet the Government’s needs. This item is not considered a commercial item.

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

Qualification requirements are available through the solicitation or upon request to any prospective offeror(s) interested in becoming a qualified source. The System Engineer will assist interested concerns in meeting the standards specified for qualification IAW the SQS.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature below evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by the required design control documents included with the package as submitted by the cognizant Government engineering activity, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.