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 Air Force Base UT 84056-5825 PR Number: FD2020-15-00706

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 four Radar Transmitter Modulator Assemblies for AN/TPT-T1

(V) Unmanned Threat Emitter UMTE, to be used by the United States Air Force to the following source:

SOURCE

12339 DRS Training and Control Systems Ft. Walton Beach, FL

B. Contract Type & Structure: A spares contract with an anticipated Firm-Fixed-Pricing arrangement will be issued. The estimated award date is 30 June 2015 with performance expected through 31 December 2016.

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 Transmitter Modulator for AN/TPT-T1 (V) Unmanned Threat Emitter UMTE.

NSN NOUN QTY UNIT PRICE TOTAL PRICE

5840-01-541-0402FD Modulator 4

B. Total estimated cost: this estimate is based on USAF mission requirements as computed by the D200 Requirements Determination System. This action will use appropriated working capital funds.

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 4R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or the rights to the data. The 429 SCMS Material Integrity, has informed the 415 SCMS Range Threat Systems/UMTE that based on the lack of government owned data, this item will not be allowed to be coded for full and open competition.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement was synopsized on Federal Business Opportunities (FedBizOpps) as required by FAR 5.201 posted 29 January 2015 and closed 12 February 2015. No responses were received from this RFI. A November 2012 source sought that offered loan of this modulator was issued on FedBizOpps for a similar UMTE modulator acquisition effort. In response, the UMTE OEM issued to government contracting a letter of protest claiming intellectual property rights contained in this modulator. In the letter, the OEM explained that this modulator was developed on internal corporate research and development (IR&D) funding without funding from the government. As such the OEM claims complete ownership of this modulator design and has refused to sell any data or intellectual property rights to the government. No other entities have expressed capability to build this item without access to the proprietary data/intellectual property of the OEM.

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

A. As described in Section VI above, 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.

B. Additional market research consisted of: Contacted knowledgeable people within government and industry and conducted interchange meetings with government and commercial entities.

Criticality of this item dictates tight configuration and procurement control.

The 415 SCMS contacted Tobyhanna US Army Depot (TYAD) numerous times from October 2014 to December 2014 about possible sources for manufacturing of this and similar designs for the UMTE modulators.

An RFI, FA8250-SS-13-UMTEMODS was issued by contracting in October 2012 for copying the 5840-01-541-0402 modulator design and building similar designs. In response, the UMTE OEM, DRS, issued to government contracting a letter of protest claiming intellectual property rights contained in this modulator.

While other contractors responded to this RFI, no other entities have expressed capability to build this item or similar items without access to the proprietary data/intellectual property of

DRS.

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 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 Governments needs.

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

N/A (Inquires have been extended to DRS to purchase the manufacturing data for this modulator)

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.