J&A_FD2020-17-00534_Redacted.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

Defense Logistics Agency DLA Aviation Ogden 6051 Gum Lane, Bldg. 1225 Hill AFB, UT 84056 Contracting Officer: Shea L. Korth Phone Number: (385) 519-8204 Email: shea.korth@us.af.mil Purchase Request Number: FD2020-17-00543

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

A. Upon approval to use other than full and open competition procedures, DLA Aviation will issue a new contract to procure twenty (20) Direct Current Motors to be used by the United States Air Force to the following source:

Aerocontrolex Group, Inc.

313 Gillett St.

Painesville, OH 44077-2918

(CAGE 98889)

B. Contract Type & Structure: A spares contract with an anticipated Firm Fixed Pricing arrangement will be issued. The estimated award date is 31 May 2017 with performance expected through 31 May 2018.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS

A. Narrative Description: This item is a Direct Current Motor used on the F-16 Aircraft. The motor raises and lowers the canopy on the F-16B/D Aircraft.

NSN NOUN QUANTITY UNIT PRICE TOTAL

PRICE

6105-01-079-2151WF Direct Current Motor

20 EA

B. Total Estimated Cost: This cost is based on previous procurement prices.

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 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. Lockheed Martin maintains the Source Control Drawings for the Next Higher Assembly (NHA). The Source Control Drawings only identifies how the system and subsystem components should operate and gives specific parameters. Aerocontrolex Group, Inc.

owns the design of the NHA and subsequently the Direct Current Motor in accordance with the Source Control Drawing and is the only company authorized and capable to manufacture this asset. Therefore, Aerocontrolex is the Original Equipment Manufacturer (OEM) and the only responsible source. The Government does not currently have the engineering expertise nor does it possess the data or sufficient data rights needed to buy this item using full and open competition. Aerocontrolex is the only responsible source with the data required to successfully manufacture the Direct current motor and ensure uncompromised performance. The last attempt to obtain the data rights was 14 December 2016 by the 416 SCMS Program Manager, and Aerocontrolex contract representative, .

, responded “Thank you for the inquiry. We will not be able to sell the proprietary data for this Direct Motor. However, we will definitely submit a proposal for a PR when it comes across”.

B. Although this item has previously been purchased by the Government from Derco Aerospace, Inc., they are no longer an authorized distributor for this asset and are no longer listed as a source on the 761.

C. Engineering conducted a search of the JEDMICS drawing repository for the F-16 canopy actuator manufacturing drawings. The OEM spec. control drawing, vendor assembly drawings, and OEM acceptance test procedures that are labeled Limited Right were found. The government does not possess the manufacturing drawings and the data owner Aerocontrolex (CAGE 98889) will not allow the government to have expanded rights to the technical data. The government currently has usage-rights only for the Aerocontrolex canopy actuator technical data. The USAF Engineering contacted knowledgeable people within government and industry. These inquiries were mainly verbal at the 2016 and previous F-16 Worldwide Reviews, an event that was attended by 196 contractors for the F-16. All inquiries made, returned no results that met the Lockheed Martin specifications for the direct motor.

D. This is a onetime, end of life, spares buy acquisition for NSN: 6105-01-079-2151WF.

The NHA actuator this motor goes on is being phased out and is being replaced with a different design which is being developed under contract # SPRHA4-16-F-0011, with an estimated delivery date of January 2018. Although the NHA is being phased out, it will require support until the alternate design is fully implemented.

E. Accordingly, Aerocontrolex Group, Inc. is the only firm capable of providing specialized supplies and services described in Section III without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED

PRACTICABLE

A. Combined Request for Information/Synopsis: A combined Request for Information/Synopsis document (#SPRHA4-17-R-00543) was posted to the Federal Business Opportunities website (www.fbo.gov) advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 07 February 2017 and closed on 22 February 2017. No responses were received from industry.

B. Qualifying Country Sources: None

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.404, it is anticipated that negotiations will be conducted using information other than cost and pricing data from the contractor. Thorough price analysis will be conducted using available information and approved pricing techniques that will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government. Based on the foregoing, the Contracting Officer hereby determines the anticipated cost to the Government will be fair and reasonable.

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 was conducted by posting a Combined Request for Information/Synopsis advising industry of the pending acquisition and soliciting inquiries from interested parties.

B. Contacted knowledgeable people within government and industry. These inquiries were mainly verbal at the 2016 and previous F 16 Worldwide Review, an event that was attended by 196 contractors for the F 16.

C. Engineering conducted a search of the JEDMICS drawing repository for F 16 canopy actuator manufacturing drawings. The OEM spec. control drawing, vendor assembly drawings, and OEM acceptance test procedures that are labeled Limited Data Rights were found. The government does not possess the manufacturing drawings and the data owner, Aercontrolex, will not allow the government to have expanded rights to the technical data. The government currently has usage rights only for Aerocontrolex’s canopy actuator technical data.

D. Automatic Contract Preparation System (ACPS) was inquired for repair history. The only currently qualified source for manufacture is Aercontrolex. Lockheed Martin (CAGE 81755) is the owner of specification control drawing but they do not have sufficient technical data to manufacture the motor. The SAW/761 is current for this item.

E. The 761 is AMC/AMSC coded 3R, which means that any company could design and build their own motor and qualify their design per 16ZH001. The only current source, Aerocontrolex, is not willing to sell their manufacturing drawing data or data rights to the government. For another contractor to become a source, they would have to design, build, and qualify their own motor assembly. Doing this would require a multi year, multi million dollar effort. The cost is high enough that it is highly unlikely that a new contractor would make their money back this late in the F 16’s lifecycle. A Google search of direct current motors, meeting the required Lockheed Martin specifications was conducted and as a result of that search, the Government is reasonably confident that the required parts are not available from any other source other than Aerocontrolex and that there are no similar commercial parts that could be modified to satisfy the Government’s requirements.

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

None

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 Government does not currently have sufficient data or rights to the data that can be provided to allow for competition of this requirement. Throughout the period of this contract, the Government will continue to pursue the purchase of data rights.

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.

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.

COORDINATION AND APPROVAL DOCUMENT

(Also known as Justification Review Document)

CONTRACTING ACTIVITY: DLA Aviation Ogden

PURCHASE REQUEST NUMBER: FD2020-17-00543

PROGRAM/PROJECT: F-16 Direct Current Motor

ESTIMATED CONTRACT COST:

TYPE PROGRAM: Other Contracting AUTHORITY: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 TYPE J&A: Individual

COORDINATION:

Program Manager

Associate Counsel DLA Counsel- Aviation

APPROVED:

Shea L. Korth Contracting Officer DLA Aviation Ogden

EL.

KORTH.SHEA.L

YNN.11579193

Digitally signed by

KORTH.SHEA.LYNN.1157919373

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=KORTH.SHEA.LYNN.1157919373 Date: 2017.05.18 16:37:56 -06'00'