18-02050_S-53_CompAdsigned_-_Redacted_Final.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

1. Agency: Contracting Activity:

Document Identification Number Solicitation Number:

FAR 15 FAR 12 FAR 13.5

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

Amendment:

NSN/PN ESTIMATEDVALUE

*If too numerous, attach list of NSNs and AMSC codes.

This Acquisition:

Type of Contract (may include number of base years) Base Year(s)

Will not include an option.

will include_____option for increased quantity. Total estimated dollar value of option quantity is $________________.

will include an option to extend the term of the contract for a period of_______months, exercisable in increments of_______months. Total estimated dollar value of all option periods is $

The total estimated dollar value of this acquisition is: (inclusive of any options) $

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) – Available from only one or limited number of sources.

5. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services. Source(s) are:

CAGE COMPANY NAME

The supplies/services

United States Air Force DLA Aviation at Oklahoma City

FD2030-18-02050

Pump, Axial Pistons 4320-01-148-0387HS/ 624371 92 each

Fixed Quantity, Firm Fixed-Price (FFP) N/A

62983 Eaton Aerospace, LLC

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.

Eaton Aerospace, 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). Though the Government has limited form, fit, and function (FFF) data, this data is not sufficient to manufacture the item without an additional design engineering effort. 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. 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 through market research to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. 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 time-frames. 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.

Numerous attempts have been made to acquire the necessary data for competitive acquisition of this item.

Requests for this data have been made to Eaton Aerospace on 28 Nov 05. A response to this request dated 14 Dec 05 states that no data/data rights will be supplied to the government. Requests for data have also been made on 2 Oct 10, 9 May 14, and 2 Mar 16. Eaton did not respond to any of these requests. However, on 9 May 18, the government did receive an email from Eaton stating, "Eaton considers the information on this part number to be proprietary information and would not interested in providing or selling the data rights at this time." Accordingly, Eaton is the only source capable of providing this 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.

10-May-2018

The contracting officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. If the proposal exceeds the Truth in Negotiations Act threshold IAW FAR 15.403-4(a), the contractor will be required to provide certified cost or pricing data. A detailed cost analysis and price analysis will be accomplished, as necessary. The Defense Contracting Management Agency or Defense Contract Audit Agency may be contacted to assist with the analysis.

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. This research included inquiries into Internet sites including Google, the Thomas Register, Haystack, and similar item manufacturer’s websites and was conducted on 28 Mar 18. Other sources manufacture similar items but none have been identified as having access to the data necessary to meet this requirement. Further, this requirement cannot be modified nor be satisfied with a commercial or modified commercial item.

A Sources Sought Synopsis was also posted during the market research effort to notify Eaton Aerospace 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 FD2030-18-02050 on 27 Mar 18 with a response date of 3 Apr 18. While three vendors indicated interest in the acquisition, none were identified as being capable of satisfying the requirement because they lacked access to the necessary data.

Based on this market research, Eaton Aerospace 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)

As this item has an AMSC of R, it is economically unfeasible to reverse engineer it.

5ZBN0 Marvin Heymann & Associates

4KOV2 Integrated Procurement Technologies

Frank V. Reilly, Bid Protest Attorney

No further action will be taken.

APPROVAL

APPROVAL LEVELS OF THE JUSTIFICATION – FAR 6.304

Not exceeding $700,000………………………… Contracting Officer

Over $700,000 not exceeding $13,500,000…….. Competition Advocate

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION – FAR 6.302-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. .

DLA COUNSEL AVIATION – DLAD 1.691(e)(ii) DLA Counsel Aviation has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to 10 U.S.C.

2304(c)(1) and FAR 6.302-1 in acquisitions for NSNs in the federal supply system.

CONTRACTING OFFICER – FAR 6.303-2(b)(12) I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $700,000, this signature serves as the approval.

Name and Title Signature Phone Date

COMPETITION ADVOCATE – FAR 6.304(a)(2) The Competition Advocate for the procuring activity designated pursuant to FAR 6.501 has reviewed and approved this Justification for a proposed contract over $700,000, but not exceeding $13.5 million.

Name and Title Signature Phone Date

Erin Akin, Contracting Officer 04-May-2018

BENJAMIN R. JONES 11-May-2018

DLA Aviation at OKC Local Addendum to AVN Form S53

ENGINEERING TECHNICAL CERTIFICATION

Purchase Request(s) / Local Identification Number(s): _________________________

Program Name: ______________________________________________________

NSN(s) / Part Number(s):

I certify that the technical/engineering aspects of this “Justification for other than Full and Open

Competition” are accurate and complete.

Engineer: Date Signed

Title:

Org. / Office Symbol

DSN:

Com. Phone:

Title:

Org. / Office Symbol

DSN:

Com. Phone:

Date Signed

FD2030-18-02050

4320-01-148-0387HS/

624371

COORDINATION AND APPROVAL DOCUMENT

Contracting Activity: DLA Aviation/AOA Purchase Request/Local Identification Number: FD2030-18-02050 Program Name: Manufacture of Axial Piston Pump used on the B-1B Aircraft;

NSN: 4320-01-148-0387HS

Estimated Maximum Program Cost:

Type Program: Other Contracting Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) Type J&A: Individual

COORDINATION

Program Manager:

Date Signed

Contracting Officer:

Date Signed

DSN: COM:

Local Legal Reviewer:

Date Signed

DSN: COM:

APPROVAL

Competition Advocate:

Date Signed

DSN: COM:

Date: 2018.04.19 08:35:57 -05'00'

ENGINEERING CERTIFICATION

Purchase Request/Local Identification Number: FD2030-18-02050 Program Name: Manufacture of Axial Piston Pump used on the B-1B Aircraft;

NSN: 4320-01-148-0387HS

I certify that the technical/engineering aspects of this “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION” are accurate and complete.

Engineer:

Date Signed

Date: 2018.04.19 11:21:56 -05'00'