Final_HCA_approved_JA_for_FD203016-01826_fleet_change-out_4810-01-324-3564HS_3P_Redacted.pdf

V. DEMONSTRATION THAT THE CONTRACTOR' SUNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES

THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF

AUTHORITY)

The rights to use the data needed to purchase this part from additional sources are not owned by the Government and cannot be purchased, developed, or otherwise obtained. As the designer and actual manufacturer of the item described in Section III, Eaton is the only known source with the necessary manufacturing data, processes, and parts needed to produce this part. Additionally, Eaton possesses unique capabilities derived from expertise gained during previous production runs.

Due to the restrictive nature of this data, competition is not anticipated during the life of the contemplated contract, nor the part’s life-cycle.

The Government has access to the data for this part, however, it does not possess the necessary data rights associated with this part. Eaton has historically refused to supply data rights to the Government for purposes of competitive procurement.

Letters were sent on 28 Nov 05, 31 Mar 08, and 2 Oct 10 requesting a Corporate Policy for release of data rights to the Air Force. All Government requests for data rights remain unanswered. Eaton’s continued refusal to respond to requests for data rights release have been construed as a negative response to Government requests.

This item is a critical application item within the hydraulic system of the F-16 aircraft, as defined in the Aviation Critical Safety Item Management Handbook; as such, it is a highly specialized component of a major weapons system platform.

Development of additional sources to produce this part is not feasible within allowable timeframes. Delays in procurement have the potential for disrupting availability of F-16 Aircraft, leaving the Air Force unable to meet critical mission requirements and hampering the Air Force’s ability to execute its global mission.

Accordingly, Eaton is the only responsible source capable of providing the items described in Section III above.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS

ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

DEEMED PRACTICABLE

In accordance with FAR 5.20l, this requirement shall be synopsized and the Request for Proposal will be posted to the Federal Business Opportunities website.

Government defined pre-award qualification requirements for potential new sources cannot be identified due to the unavailability of the necessary data rights as described in Section V. As such, only the Original Equipment Manufacturer (OEM), Eaton, has the capability of approving additional sources at this time.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT

THE ANTICIPATED COSTTOTHEGOVERNMENT WILLBE

FAIRAND REASONABLE

The contracting officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. The contractor shall be required to provide certified cost or pricing data and a detailed cost and pr ice analysis will be accomplished. The Defense Contract Audit Agency and the Defense Contract Management Agency shall be contacted to assist with the analysis.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET

RESEARCH WASNOT CONDUCTED

Market research, in accordance with FAR Part 10, was conducted by a multi-functional team consisting of the Item Manager, Equipment Specialist, Logistics Officer, and the Engineer. Market Research included inquiries of Haystack, Parts Manufacturer Approvals, Google, Thomas Register, and similar item manufacturer’s websites was completed on 19 August 2016. Other sources manufacturer similar items, however, none have been identified as having access to the necessary technical data described in Section V in order to meet the requirement described in Section III.

Research determined that this requirement cannot be satisfied with a commercial, modified-commercial, or non-developmental item. The only known application for this item is military-only use on the F-16 Aircraft. There are no known commercial or non-developmental applications for this item.

A Sources Sought Synopsis was also conducted during the Market Research effort described above to notify the Eaton Corporation licensees, vendors, or other sources with access to the necessary data of the pending acquisition. This posting was created on the Federal Business Opportunities website under PR number FD2030-16-01826 with a response date of 8 Apr 2016. Two additional vendors indicated interest in the acquisition.

However, none were identified as being capable of satisfying the requirement described in Section III as they lacked access to the necessary data required to produce the part.

Based on this Market Research, Eaton Corporation was found to be the only source capable of fulfilling the requirement described in section III.

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

AND OPEN C O M P E T I T I O N

As this item has an Acquisition Method Suffix Code (AMSC) of “P”, it is economically unfeasible to reverse engineer for competitive purposes.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN

THE ACQUISITION

Authorized Source: Interested Sources:

Eaton Corporation

CAGE: 99643

4690 Colorado Blvd.

Los Angeles, CA 90039-1106 Phone: 818-409-0200

Boeing Aerospace Operations, Inc.

6001 S Air Depot Blvd Oklahoma City, OK 73135-5922 Phone: 325-690-5757

Aero Turbine, Inc.

6800 Lindbergh St.

Stockton, CA 95206-3934 Phone: 935-724-6226

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

The 423 SCMS/GUEA Engineering Group will continue to monitor the marketplace for potential sources. The Government will continue to synopsize requirements for potential sources and periodically screen the item for changes in data and source availability.

XII. CONTRACTING OFFICER'S CERTIFICATION

By signing the coordination and approval document, the contracting officer determines this document to be accurate and complete to the best of the contracting officer’s knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL'SCERTIFICATION

As evidenced by their signatures on the coordination and approval document, the technical or requirements personnel certify that any included, supporting data within their area of responsibi lity is both accurate and complete.