Redacted_J&A.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

FD2030-19-01760-01 SPRTA1-19-R-0339

Fuel Tank, E-3 Aircraft 1560-01-013-2738AW P/N: 3831437-1 27 ea

Firm-Fixed-Price, Fixed Quantity N/A

56221 Meggitt (Rockmart) Inc.

669 Goodyear Street

Rockmart, GA 30153

770-684-7855

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 data needed to procure this part competitively is not physically available. It cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. Meggitt (Rockmart) Inc., owns the rights to the material used to manufacture engineering-approved fuel cells. Additional sources cannot qualify per the Boeing Specification Control Drawing 10-60020 because the approved material for manufacture of E-3 fuel cells in not contained therein. Meggitt is the only firm capable of providing the E-3 Fuel Cell and is the only known source that has the necessary detailed manufacturing and process data (i.e. production level data) needed to produce this part. 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.

This item is a critical safety item, as defined in the Aviation Critical Safety Item Management Handbook, on the E-3;

as such it is a highly specialized component of a major weapon system. Development of additional sources to produce this part is not feasible. Delays in procurement have the potential of disrupting the availability of E-3 aircraft, thereby leaving the Air Force unable to meet critical mission requirements and hampering the Air Force’s ability to execute its global mission.

In response to OC-ALC letter dated 24 Nov 2014, Meggitt has stated that they will not release their drawings for competitive re-procurement. More recent queries have resulted in non-response. Due to the missing data and use to data rights, competition is not anticipated during the life of this contract. Meggitt has offered a unique combination of technology, functionality and reliable performance from past productions of these fuel tanks. Their refusal to answer these requests for data/data rights release has been construed as a negative response to the Government’s requests. Boeing Specification Control Drawing 10-60020 only shows form, fit and function and is not sufficient to

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.

08-May-2019

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 (TINA) 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 Contract Management Agency or Defense Contract Audit Agency may be contacted to assist with the price 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 13 Feb 2019. Other sources manufacture similar items but none have been identified as having access to the data necessary to meet the 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 Parker 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 FD2030-19-01760 and closed 4 March 2019. No vendors indicated interest in the acquisition.

Based on this market research, Meggitt (Rockmart) 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 original equipment manufacturer, Boeing, is the only entity capable of approving additional sources at this time.

NONE

The 424th SCMS/GUEA engineering group will continue to monitor the marketplace for potential sources. The Government will continue discussions with the OEM regarding additional approved sources. The Government will continue to synopsize the requirement, rescreen the item, and attempt to acquire the data necessary to qualify additional sources.

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

Rhonda L. White, Contracting Officer 06-May-2019

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

FD2030-19-01760-01

1560-01-013-2738AW

P/N: 3831437-1