01.1_Redacted_J&A.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: Michelle Leschke Phone Number:

Purchase Request Number: FD2020-18-00367

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 new F-16 Single Place Canopy Actuator (SPCA) spares from Meggitt Safety Systems INC. 1915 Voyager AVE, Simi Valley CA 93063- 3375; CAGE code 25693 to support the F-16.

B. Contract Type & Structure: This contract will be a five-year Indefinite Delivery / Indefinite Quantity (IDIQ) utilizing a Firm Fixed Pricing arrangement. Sufficient pricing data, history, and performance data are available which will permit realistic estimates of the probable cost of performance. The estimated award date is Sept 30, 2018 with performance and delivery through Sept 29, 2023.

C. Type J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

A. Narrative Description: Spares buy of the F-16 Single Place Canopy Actuator NSN: 1560-01-505-0663WF. The actuator is a mechanical device used to raise and lower the canopy. The actuator is mounted to the airframe behind the pilot’s seat and uses an electrically powered motor to drive a rotating arm that is linked to the canopy torque tube. As the torque tube rotates the canopy is raised and lowered.

Manager, Mike Laudato, and the Meggitt contract representative, Mrs. Aimee Birkner, responded “Meggitt is not willing to sell our proprietary data at this time”.

C. This is a spares buy acquisition for continued production of a requirement of highly specialized equipment. The Government estimates award to any other vendor would result in substantial duplication of cost to the government that is not expected to be recovered through competition. Because the Government does not have access to the data, an alternate source would be required to reverse engineer the SPCA and extensively test safety parameters.

D. Accordingly, Meggitt Safety Systems 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 (Solicitation # SPRHA4-18-R-7002) 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 16 November 2017 and closed on 01 December 2017. Only one response received was from Meggitt Safety Systems.

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

C. Queried government and commercial databases.

D. Reviewed commercial catalogs and other product literature.

E. Engineering conducted a search of the JEDMICS drawing repository for F 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 Meggitt Safety Systems (CAGE 25693) will not allow the government to have expanded

Meggitt Safety Systems canopy actuator technical data.

F. The 761 is AMC/AMSC coded 1N, which means that this assembly requires special testing and inspection facilities, to determine and maintain ultraprecision quality for the items function or system integrity. As a Lockheed Martin Specification Controlled Assembly, manufacturing the assembly requires a new contractor to first design, then test the submission for qualification IAW 16VK056001. The testing and qualification equipment needed for source qualification is not available, and must also be designed and manufactured. The current approved sources are not willing to sell their design data rights, leaving anyone desiring source qualification approval, to start from Specification Control Drawings. This effort would require multiple years and millions of dollars in investment. The cost is high enough that it is highly unlikely a new contractor would make their money back this late in the F

G. 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 item nor are there any other commercial or non-developmental items which could be utilized to meet the need or which could be modified to meet the need of the Government.

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

OPEN COMPETITION

A preliminary reverse engineering effort was attempted for this item to make it more competitive. There was not any funding available to pursue this effort. Reverse test articles, an extensive durability test program of multiple test articles, extensive statistical analysis of the generated data, and environmental testing. This effort would not

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.