FD20201800539-Redacted.pdf

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 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

The AMC/AMSC code for this requirement is 1R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. The 429 SCMS Material Integrity, has informed the 415 SCMS Range Threat Systems JTE program office that based on the lack of government owned data, this item will not be allowed to be coded for full and open competition. As such the OEM, Applied Systems Engineering (ASE) claims complete ownership of this transmitter 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. Although ASE claims complete ownership of the data, Amherst Systems Inc. is an authorized distributor for this item is therefore considered a qualified source for this requirement.

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/Synopsis document (#SPRHA5-18-R-0539) was posted to the Federal Business Opportunities website at www.fbo.gov advising industry of the pending acquisition and soliciting inquiries from interested parties. This document was posted on 12 December 2017 and closed on 27 December 2017. No responses were received in response to this posting.

B. Other actions: None

C. 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 15.403-4, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the Defense Contract Audit Agency (DCAA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15. 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, IAW FAR Part 10, was conducted by posting a combined Request for Information/Synopsis document to Federal Business Opportunities, advising industry of the pending acquisition and soliciting inquiries from interested parties. No responses were received in response to this posting.

B. In addition, the 429 SCMS and the 415 SCMS conducted a review of procurement history, commercial catalogs, proprietary data rights, and determined that no other alternate commercial item or non-developmental item (NDI) will meet the requirement, nor can the requirement be modified to permit use of existing commercial items or NDIs. The NSN review identified Applied Systems Engineering (ASE) as being the only manufacturer utilized in the procurement of this item. Amherst Systems, Inc. is an authorized distributor for this item but is not a manufacturer. The same review showed no history of a purchase of this item.

C. On June 19, 2017, a search and review of Google (http://www.google.com) and ThomasNet (http://Thomasnet.com) internet sites was accomplished, in which no additional sources were identified.

D. This item has not been identified as “commercial” per FAR part 2.101 and DoD Commercial Item Handbook. There are no known commercial items that can suffice for this application. The T1B Transmitter Assembly is specific to the JTE.

E. Based on market research conducted, there is a high level of confidence that there are no additional sources currently capable of satisfying the agencies needs 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.

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

OPEN COMPETITION

The T1B Transmitter on the JTE Threat Emitter Unit, AN/TSQ-T10 is a critical component of the system that generates radio frequency energy to simulate enemy radar systems for pilot training.

The existing data for the T1B transmitter assembly is not adequate to build to print. Furthermore, the criticality of this item dictates tight configuration and procurement control. Reverse engineering for the sole purpose of obtaining data would require similar effort as required for implementing a new design. It is estimated that the length of time required to reverse engineer this item would be a minimum of 2-3 years. If procurement were delayed due to a reverse engineering effort, the government would face a substantial delay in replacing T1B transmitter assemblies, thereby rendering the JTE systems unable to perform their mission. Therefore, it has been determined that a reverse engineering effort for this item would not be beneficial to the Government at this time and will not be pursued.

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

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 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.