FD20201701322-Redacted.pdf

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

10 USC 2304 (c) (1) as implemented by FAR 6.302-1 -- Only One 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 engineer has reviewed the engineering drawing for the Electron Tube PN 588R901H02, NSN 5960-01-444-8163 and has determined the Government has unlimited rights to drawing 588R901H02. This drawing is sufficient for a potential vendor to produce this tube after proper Pre-Award Qualification.

B. L-3 owns all other data, rights to the technical data and specialized equipment used for manufacturing this part. Currently this tube can be manufactured by L3 Comm CAGE 73293/80080 or could be supplied by Northrop Grumman CAGE 97942, who is the original OEM. Northrop Grumman does not own the data or equipment required to manufacture this part and would only be athorized to act as a supplier for L-3. Michelle Leschke, Contracting Officer, contacted, , L-3 Program Manager, on 26 April 2018 to find out if L-3 would be willing to sell or license the data to the Government. said they are not interested in selling or licensing the data to the Government, at this time.

C. L3 Comm consolidated their Electron Tube factory in San Carlos, CA CAGE 80080 with their Electron Tube factory in Torrance, CA CAGE 73293 in Sep 2017. The engineer conducted a site visit, in September 2017, and approved this new combined facility.

D. The FMS countries acquiring this item are not interested in and will not fund reverse engineering efforts.

E. The AMC/AMSC code for this requirement is 1/B. The data available is a source control drawing (SCD) wich is considered inadequate for manufacturer but is determined adequate for qualification of a new source with the required information in the source qualification statement. To ensure continued product intergrity of the item, procurement is restricted to the sources listed in the supplier information, section II of this document. These sources are known to have the required experience and capabilities to satisfy the government requirements.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. Sources Sought Synopsis: A sources sought synopsis was issued on 15 NOV 17 #SPRHA4- 18-R-7001 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, was conducted by . The proposed acquisition was synopsized, advising industry of the pending acquisition and soliciting inquiries from interested parties.

B. Additional market research consisted of querying government and commercial databases:

PRPS (Gov), and Google(Commercial).The engineer reviewed previous government contracts (listed on the AF 761), conducted Internet Searches (Google), reviewed Government Databases (PRPS), reviewed Government Contacts (Michelle Leschke – no respondants to Request for Proposal (RFP)), and contacted known sources (L3 Comm) which effort only identified the current qualified sources.

C. Based on the market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the government’s requirement nor are there any commercial or non-developmental items that can be modified.

D. Findings from the market research detail the newly combined L3 Comm, CAGE 73293, Electron Tube factory as the only source of supply on the AF 761, other than the Radar OEM who would buy the tubes from L3 Comm to pass through to the government. The internet search identified potential distributors but they are not considered approved sources at this time. The Government did not receive interest from any other sources, as a result of the RFI posting, on 12 November 2017 or from the previous solicitation, posted 28 Oct 2016. CPI Varian, and Teledyne have expressed interest in other Electron Tubes produced by L3 Comm, but not this particular tube.

E. Mr. conducted a site visit with L3 Comm in Sep 2017 and talked with plant personnel and leadership in order to verify they are still a viable source. The POC at L3 is

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 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(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(b)).