Redacted_Just-Approval_PR_17-00996.pdf

The use of authority 10 U.S.C. 2304(c)(1) is based on:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

AMC 2. Suitable for competitive acquisition for the first time.

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

AMC 4. Acquire, for the first time, directly from the manufacturer.

AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer.

AMSC A. The Government’s right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

AMSC B. This must be acquired from a manufacturing source(s) specified on a source control drawing.

AMSC C. This part required engineering source approval by the design control activity in order to maintain the quality of the part.

AMSC D. The data needed to acquire this part is not economically available.

AMSC H. The Government does not have sufficient, accurate, or legible data to purchase this part from other than the current source. This code is under review and will be updated when the review is complete.

AMSC K. This part must be produced from class 1 castings under MIL-STD-2175.

AMSC L. The annual buy value of this part falls below the screening threshold established by DoD.

AMSC M. Manufacture of this part requires use of master or coordinated tooling.

AMSC N.

AMSC P.

AMSC Q.

AMSC R.

AMSC S.

AMSC U.

AMSC V.

AMSC Z.

Other:

Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained.

The Government does not have adequate data, lacks rights to data, or both. It is not economical to buy the data or rights to thedata.

The Government does not own the data or rights to the data needed to purchase this part from another source. It is not economical to procure the data or rights to the data Acquisition of this item is restricted to Government approved source(s) because the item involves military sensitive technology.

The cost to the Government to breakout this part and acquire it competitively has been determined to exceed the projected savings over the life span of the part.

This part has been designated a high reliability part. Probability of failure would be unacceptable. The engineering activity has determined that data to define and control reliability limits cannot be obtained.

The design of this part is unstable. Engineering, manufacturing, or performance characteristics indicate that the required design objectives have not been achieved.

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 item.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

The acquisition will be synopsized on or about_______________and any firm requesting a solicitation copy will be provided one.

A synopsis exception cited in FAR 5.202 applies: (Explain).

Manufacturers of similar products identified in the market survey will be solicited.

Dealers of the manufacturers will be solicited.

Other: (Explain)

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. (Explain)

8. A market survey as defined by FAR 10:

was conducted, and firms indicating an interest in the acquisition will be solicited. Market research efforts, include.

23-Jan-2017

In accordance with FAR 5.201, 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 above. As such, only the Original Equipment Manufacturer (OEM), Eaton, has the capability of approving additional sources at this time.

The contracting officer will complete a price analysis. If the proposed dollar amount exceeds the TINA threshold IAW FAR 15.403-4 , certified cost and pricing data will be required and a detailed cost analysis will be accomplished.

Support from the Defense Contract Management Agency or the Defense Contract Audit Agency will be requested as appropriate to aid in evaluating the proposal.

Market research, in accordance with FAR Part 10, was conducted by a multifunctional 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 22 December 2016. Other sources manufacturer similar items, however, none have been identified as having access to the necessary technical data 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 FD2030-17-00996 with a response date of 22 December 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.

was not conducted due to:

9. Additional facts supporting other than full and open competition are:

Based upon the technical certification on file, technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate if the cost to the Government that would be duplicated and how the estimate was derived.

Other:

10. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

11. The actions, being taken to overcome barriers to competition before any subsequent acquisition are made: (Explain)

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

7MZK4 Fendley JR., Carl E

73B05 Marlow Contracting Services, LLC.

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.