SPRTA121R0108_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: FD2030-21-00228-03

IZ] FAR Part 15 □ Solicitation Number: _s_P_R_T_A_1_-2_1_-R_-_o_i°_s_l __________ _

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

New Manufacture; Cylinder Assemblies for F-15 Aircraft.

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

This acquisition:

NSNIPN

1650-01-035-0799 / 3U3166-6

QUANTITY

84EA

ESTIMATED VALUE

4. Type of Contract (mayincludenumberofbase 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 estimated 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: 09-Feb-2021 Results of the sources sought notice/RF! resulted in the following:

The OEM design au1hority is Woodward HRT, inc (Cage 60029) with manufacture historically taking place at Woodward facility Cage code 81873 Woodward has since divested themselves from manufacture of this product line and has granted an exclusive manufacturing license to Thomas Instrument, Inc , (Cage SH860) A Sources Sough! Synopsis (SSS) was posted during the marl:et research effort to notify potential licensees, vendors, or other sources with access to the necessary data of the pending acquisition The SSS was posted to Beta Sam under number

FD20302100228 _ A on 9 FEB 2021 with a closing date of 16 FEB 2021 One additional vendor indicated interest in the acquisition, bul was found not to be capable of satisfying the requirement described in Section 3 because they lacked access to the necessary data Thomas Instrumen~ Inc , was found to be the only source able to fulfill the Government requirement

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 FOR OFFICIAL USE ONLY

CAGE

5H860

COMPANY NAME

THOMAS INSTRUMENT, INC.

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

□ AMCl.

D AMC2.

IZ) AMC3.

□ AMC4.

□ AMC5.

0 AMSCA.

□ AMSCB.

0 AMSCC.

□ AMSCD.

□ AMSCH.

□AMSCK

□AMSCL.

□AMSCM

□AMSCN.

ll] AMSCP.

□AMSCQ.

□ AMSCR.

□ AMSCS.

□AMSCU.

□AMSCV

□AMSCY.

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 Govemment' 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 pa1t.

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

The Govenunent does not have sufficient, accurate, or legible data to purchase this pait from other than the cwTent 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 pa1t 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 detennined 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 detennined that data to define and control reliability limits cannot be obtained.

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

Thomas Instrument Inc., is the sole manufacturing licensee authorized to manufacturer this ~em, and is the only known source that has the necessary detailed ll] Other: ~:~t/1~,t~~lf:~~d~~~ii~·11aj~~:t!e~e~~~i:~t"t~1~u'!::~ir~~:i~~~~!!c~~~ctt~r'~~~i:raJd~o:~~~~~;=r~~ort.

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:

I✓ I The acquisition will be synopsized on or about 13-May-2021 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) __________________________________ _

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 If the proposed dollar amount exceeds the TINA threshold IAW FAR 15.403-4, The Contractor will be required to provide Certified Cost or Pricing Data. A detailed cost analysis and price analysis will be accomplished. The Defense Contract Management Agency 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:

Conducting inquiries into internet sites such as Google, The Thomas Register, Haystack, similar items manufacturers sites, as well as a published Sources Sought Synopsis. The market research was accomplished 2 FEB 2020 through 16 FEB 2021 . Other sources manufacture similar items but none have been identified as having the data and rights necessary to meet the requirement.

□ 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 a critical application item, as defined in the Aviation Critical Safety Item Other: Management Handbook, in the aircraft engine system on the F-15; 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. Accordingly, Thomas Instrument, Inc., is the only source able to fulfill the Government requirement.

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

CAGE

4KOV2

COMPANY NAME

Integrated Procurement Technologies

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

Numerous attempts have been made to acquire the necessary data from the OEM design authority, Woodward HRT, Inc., for competitive acquisition of this item. Requests for this data have been made to Woodward on 03 OCT 10, 15 JAN 16 and 24 SEP 18. Woodward's refusal to respond to any of these requests has been construed as a negative response to the Government's requests. Accordingly, Thomas Instrument Inc., as the sole manufacturing licensee authorized to manufacturer this item, is the only source able to fulfill the Government requirement.

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:

NIA

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.

James Chandler, Contracting Officer Name

CHANDLER.JAMES Lo.veua ..,..,_., Signature

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

--Phone

Date

13 MAY 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, Competition Advocate Name

JONES.BEttlAMIN.ROBERT I

Signature

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

-., ,0.31:52.,osw

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

--Phone

14 May 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 FOR OFFICIAL USE ONLY