SPRTA121Q0084_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I .Agency: United States Air Force Contracting Activity: DLA Aviation at Tinker AFB, OK

Document Identification Number: FD2030-21-00199-02

□ FAR Part 15 IZ] Solicitation Number: _s_P_R_T_A_1_-2_1_-a_-0_

84 __

FAR Pait 12 FAR Pait 13.5

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

l✓ I New Action □ Amendment: _________________________ _

3. The supplies/services required to meet the using activity's needs are described as follows:

BRIEF DESCRIPTION

INDICATOR POSITION

*If too numerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSNIPN

6610-01-008-7564/260909

QUANTITY

15 EA

ESTIMATED VALUE

4. Type of Contract (may includenumberofbase years )_F_ir_m_-F_i_xe_d_-P_n_· c_e_, _Fi_xe_d_Q_ua_n_ti_ty _______________ _

[Z] will not include an option.

D D will include a. ___ % 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 maximum dollar value of all option periods is $ ______ _

The total es timated dollar value of this acquisition is: (inclusive of any options)$ _____ _,_. The maximum dollar value of this acquisition is: (inclusive of any options)$_N_IA ________________ _

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

6. Effo1ts to improve DoD Competition in accordance with DFARS 206.303-2 :

IZ)A Sources Sought Notice or Request for Infonnation (RFI) in accordance with DFARS PGI 206.302- l (d) was posted on Beta.Sam on: 02-Mar-2021 Results of the sources sought notice/RF! resulted in the following:

Tue Sources Sought Synopsis was posted to Beta.Sam under number 21-00199 with a closing date of09 Mar 2021. International Enterprises, Inc. (Cage:

50218) manufactures similar items, but the company was only interested in repair of the item at this time. Ahlers Aerospace (Cage: 3MBT2) showed interest in manufacturing this item. However, the company needed technical data which the Government could not provide since such data was not available. No additional qualified sources with access to the necessary manufacturing data have been identified for this item.

D A mass sources sought notice which included NSN(s) ________________________ _ was posted to FedBizOpps on ___________ Date must be most cuffent FBO posting (i .e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RF! was approved by the HCA or designee on _________ _ and is hereby attached.

7. The acquisition is restricted to the only source(s) of supply known to have the capability of fumishing the required supplies/services.

Source(s) are:

A VN Fo1m S53, OCT 2020 CUI

CAGE

61349

1Y249

COMPANY NAME

Ametek, Inc.

AAR Supply Chain, Inc.

The use ofauthority 10 U.S.C. 2304(c)(l) is based on:

□ AMCl.

D AMC2.

□ AMC3 .

[Z] AMC 4.

□ AMC5 .

0 AMSCA.

□ AMSCB.

□ AMSCC.

[Z] AMSCD.

□ AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

□ AMSCP.

□AMSCQ.

□ AMSCR.

□ AMSCS.

□AMSCU.

□AMSCV

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

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

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

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

The Govenunent's right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

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

This pa1t required engineering source approval by the design control activity in order to maintain the quality of the part.

The data needed to acquire this pa1t is not economically available.

The Govemment does not have sufficient, accurate, or legible data to purchase this pait from other than the cun-ent source. This code is under review and will be updated when the review is complete.

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

The annual buy value of this pait falls below the screening threshold established by DoD.

Manufacture of this pait requires use of master or coordinated tooling.

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) ai·e not owned by the Govemment and cannot be purchased, developed, or othe1wise obtained.

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

The Govemment does not own the data or rights to the data needed to purchase this pait from another source. It is not economical to procure the data or rights to the data.

Acquisition of this item is restricted to Govenunent approved source(s) because the item involves military sensitive technology .

The cost to the Govemment 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 pa1t. Probability of failure would be unacceptable. The engineering activity has detennined that data to define and control reliability limits cannot be obtained.

D AMSC Y. The design of this pa1t is unstable. Engineering, manufacturing, or perfonnance chai·acteristics indicate that the required design objectives have not been achieved. D AMSC Z. This pait is a commercial/no-developmental/off-the-shelf item.

r71 Ametek, Inc. is the only approved source of manufacture. However, the contract will be awarded to AAR l.!...J 0ther: Supply Chain, a distributor for Ametek, Inc., since Ametek, Inc. refuses to propose directly on this item.

NOTE: A technical certification is required for acquisitions over $13.5 million

8. Effo1is 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.

I✓ I A synopsis exception cited in FAR 5.202 applies: (Explain) The initial Purchase Request was below SAT and the exception 5.202 (aX13) was utilized.

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

Dealers of the manufacturers will be solicited.

Other: (Explain) __________________________________ _

9. I hereby determine that the anticipated cost to the Govemment will be fair and reasonable. (Explain) The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. The contractor may be required to provide other than certified cost or pricing data. A detailed cost analysis and price analysis will be accomplished as necessary. The Defense Contracting Management Agency (DCMA) may be contacted to assist with the analysis.

10. A market survey as defined by FAR 10:

I✓ I was conducted, and firms indicating an interest in the acquisition will be solicited. Market research effo1is, include:

Market research was conducted by a multi-functional team consisting of the Item Manager, Equipment Specialist, Logistics Officer, and Engineer. This research, to indude the internet sites of Google, the Thomas Registry, Haystack, FM Parts Manufacturer Approvals (PMA), and phone calls were conducted on 29 July 2021. A letter, dated 18 Jun 2015, from Ametek, Inc. states that data and data rights would not be provided to the Government. A request for this data was made again to Ametek, Inc. on 25 Aug 2017. A letter, dated 16 Mar 2018, from Ametek, Inc. stated that data and data rights would not be provided to the Government. Other companies manufacture similar items, but they do not possess the applicable technical data required to manufacture this item. Based on this market research, Ametek, Inc. was found to be the only source able to fulfill the requirement described in Section 3.

□ was not conducted due to: ------------------------------------

11. Additional facts suppo1ting other than full and open competition are:

[l]

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 Govemment.

When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in

6.302- l(a)(2)(ii)(A), an estimate if the cost to the Govenunent that would be duplicated and how the estimate was derived: -------------------------------------------

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l (a)(2)(ii)(B), describe the unacceptable delays: ________________________ _

This item is considered highly specialized because it is designed for the E-3 Other: weapon system. Ametek (Cage 61349), as the designer and actual manufacturer of the item described in Section 3 above, is the only known source which has the necessary detai led manufacturing and process data needed to produce this part.

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

CAGE

63149

1Y249

50218

3MBT2

COMPANY NAME

Ametek, Inc.

AAR Supply Chain, Inc.

International Enterprises, Inc.

Ahlers Aerospace, Inc.

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

The 422nd SCMS/GUEA engineering group will continue to monitor the marketplace for potential source development. The Government will continue to synopsize the requirement and re-screen the item for changes in data and source availablility.

APPROVAL

APPROVAL LEVELS OF THE WSTIFICATION - FAR 6.304

D not exceeding $750,000 .. . .......... .......... ............ .......... ........ ... Contracting Officer [Z] over $750,000 not exceeding_ $15,000,000 . .. .... .............. ...... Advocate for Compet_ition . .

D over $15,000,000 not exceedmg $100,000,000 ............ ... ... Head of the Contractmg Act1V1ty

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. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION - DLAD 1.691(e)(3)(i) DLA Counsel Aviation has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to I 0 U.S.C. 2304(c)(l) and FAR 6.302-1 for acquisitions for NSNs in the federal supply system at or below $15 million. For acquisitions above $15 million, signature of the Aviation Deputy Chief Counsel is required to document legal sufficiency:

Name Signature Phone

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 $750,000, this signature serves as the approval.

John Nolan NOLAN.JOHN.NW- ~~"r:1':'1~=N,,,_ Name Signature Phone

ADVOCATE FOR COMPETITION - FAR 6.304(a)(2)

Date

13 August 2021 Date

The Advocate for Competition for the procuring activity designated pursuant to FAR 6.50 I has reviewed and hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If over $750,000, but not exceeding $15 million this signature serves as the approval.

Benjamin Jones Name

JONES.BEttlAMIN.ROBERT I

Signature

Olglllb'--t&'.oE8.89UNr,IN.ROBERT

- t6C8.39".3S--OSW

HEAD OF THE CONTRACTING ACTIVITY - FAR 6.304(a)(3)

--Phone

16 August 2021 Date

The Head of the Contracting Activity has reviewed and approved this Justification for a proposed contract over $15 million, but not exceeding $100 million.

Name and Title Signature Phone Date

A VN Fonn S53, OCT 2020 CUI