FD20301700379-01_Redacted.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.

FRABA INC., as the designer and actual manufacturer of the item, is the only known source that has the necessary detailed manufacturing and process data (i.e. production level data), parts, special tooling, and special test equipment needed to produce this part. The Government has limited form, fit, and function (FFF) data, however, this data is not sufficient to manufacture the item described without an additional design engineering effort. Additionally, drawings 10017067, 10017013, 38331085, 10017066, 32689005, 32689037, 32689026, 32689015, 10017069 are not available in JEDMICS or MEDALS. As such, the data required to competitively procure this item without additional design engineering effort from additional sources is production level data as specified in MIL-STD-31000, which the Government does not possess. The Government does not own the data or the rights to the data needed to purchase this part from additional sources.

This item is a critical application item, as defined in the Aviation Critical Safety Item Management Handbook, within the hydraulic system on the B-1B Aircraft; as such, it is a highly specialized component of a major weapon system.

Development of additional sources to produce this part is not feasible within allowable timeframes. Delays in procurement have the potential of disrupting the availability of B-1B aircraft, thereby leaving the Air Force unable to meet critical mission requirements and hampering the Air Force’s ability to execute its global mission.

An attempt has been made to acquire the necessary data for competitive acquisition of this item. A request for this data was made to FRABA INC. on 19 Sep 16. No response has been received and is construed as a refusal to provide the data to the Government. Accordingly, FRABA INC. is the only source capable of meeting the requirement.

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.

17-Feb-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 qualifications of new sources cannot be identified due to the unavailability of the necessary technical data. The Original Equipment Manufacturer (OEM) is the only entity capable 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 10, was conducted by a multi-functional team consisting of the Item Manager, Equipment Specialist, Logistics Officer, and Engineer. Market Research included inquiries of Haystack, Parts Manufacturer Approvals, Google, Thomas Register, and similar item manufacturer’s websites and was completed on 1 Sep 16. Other sources manufacture similar items, but none have been identified as having access to the data necessary to meet the requirement. Market 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 B-1B 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 FRABA, INC. 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 the PR number FD2030-17-00379 on 30 Aug 16 and closed 11 Sep16. Zero additional vendors indicated interest in the acquisition. Based on this market research, FRABA INC. was found to be the only source able to fulfill 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)

The qualification of a reverse-engineered part would require an Accelerated Mission Test (AMT), and as such, reverse engineering is not feasible within reasonable time constraints to meet required delivery schedule of the program. Additionally, reverse engineering would require the utilization of a like-new, "A"-condition asset, which is not available for use as the worldwide population of parts is limited and the part has not been procured since the initial provisioning spares program for the B-1B aircraft.

474D3 FRABA, INC.

The 423 SCMS 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.